§ 136-133. Permits required.
§136‑133. Permits required.
(a) No person shallerect or maintain any outdoor advertising within 660 feet of the nearest edgeof the right‑of‑way of the interstate or primary highway system,except those allowed under G.S. 136‑129, subdivisions (2) and (3) in thisArticle, or beyond 660 feet of the nearest edge of the right‑of‑wayof the interstate or primary highway system, except those allowed under G.S.136‑129.1, subdivisions (2) and (3), without first obtaining a permitfrom the Department of Transportation or its agents pursuant to the proceduresset out by rules adopted by the Department of Transportation. The permit shallbe valid until revoked for nonconformance with this Article or rules adopted bythe Department of Transportation. Any person aggrieved by the decision of theDepartment of Transportation or its agents in refusing to grant or in revokinga permit may appeal the decision in accordance with the rules adopted by theDepartment of Transportation pursuant to this Article to the Secretary ofTransportation who shall make the final decision on the agency appeal. TheDepartment of Transportation shall have the authority to charge permit fees todefray the costs of administering the permit procedures under this Article. Thefees for directional signs as set forth in G.S. 136‑129(1) and G.S. 136‑129.1(1)shall not exceed a forty dollar ($40.00) initial fee and a thirty dollar($30.00) annual renewal fee. The fees for outdoor advertising structures, asset forth in G.S. 136‑129(4) and (5) shall not exceed a one hundredtwenty dollar ($120.00) initial fee and a sixty dollar ($60.00) annual renewalfee.
(b) If outdooradvertising is under construction and the Department of Transportationdetermines that a permit has not been issued for the outdoor advertising, theDepartment may require that all work on the outdoor advertising cease until theowner of the outdoor advertising shows that the outdoor advertising does notviolate this section. The stopwork order shall be prominently posted on theoutdoor advertising structure, and no further notice of the stopwork order isrequired. The failure of an owner of outdoor advertising to comply immediatelywith the stopwork order shall subject the outdoor advertising to removal by theDepartment of Transportation or its agents. Outdoor advertising is underconstruction when it is in any phase of construction prior to the attachmentand display of the advertising message in final position for viewing by thetraveling public. The cost of removing outdoor advertising by the Department ofTransportation or its agents pursuant to this section shall be assessed againstthe owner of the unpermitted outdoor advertising by the Department ofTransportation. No stopwork order may be issued when the Department of Transportationprocess agent has been served with a court order allowing the sign to beconstructed. (1967, c. 1248, s. 8; 1973, c. 507, s. 5; 1975, c.568, s. 11; 1977, c. 464, ss. 7.1, 32; 1983, c. 604, s. 2; 1989, c. 677; 1999‑404,s. 1.)