Act of God Sign Removal Moderator Kerry Yoakum-ODOT

Natural Disasters The definition of “natural disaster” under 42 U.S.C. 5195A is “any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons.” The definition of “natural disaster” under 42 U.S.C. 5195A is “any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons.”

Issues What is customary maintenance standards? What is customary maintenance standards? Valuing partially destroyed signs. Valuing partially destroyed signs. What is a “destroyed” sign? What is a “destroyed” sign? Is/should there be a natural disaster exception in the HBA? Is/should there be a natural disaster exception in the HBA?

23 CFR § (d) Each state shall develop its own criteria to define customary maintenance and destruction Each state shall develop its own criteria to define customary maintenance and destruction Must differentiate between customary maintenance verse substantial change Must differentiate between customary maintenance verse substantial change May define destruction using a percentage of its replacement value May define destruction using a percentage of its replacement value

Customary maintenance standards

What is a “destroyed” sign?

Valuing partially destroyed signs

Legislative Acts Emergency Supplemental Appropriations Bill (H.R. 4939) Emergency Supplemental Appropriations Bill (H.R. 4939) Funding for the war in Iraq and hurricane recovery Funding for the war in Iraq and hurricane recovery Amendment #3805 introduced by Senator Bennett (R, Utah) Amendment #3805 introduced by Senator Bennett (R, Utah) amendment would allow outdoor advertising companies, with state permission, to rebuild non- conforming billboards destroyed by Hurricanes Katrina and Rita. amendment would allow outdoor advertising companies, with state permission, to rebuild non- conforming billboards destroyed by Hurricanes Katrina and Rita.

Legislative Acts Senate’s Energy and Water Appropriation Bill (H.R. 5427) Senate’s Energy and Water Appropriation Bill (H.R. 5427) “…if permitted by law, a legal nonconforming sign constructed in a commercial or industrial area on or after October 22, 1965, that is or has been damaged or destroyed as a result of a natural disaster that occurs after August 1, 2004, may be repaired, replaced or reconstructed at the same location to its original height and size using like materials. The provisions of this section shall not preempt State or local law or ordinance. The Secretary shall not reduce or withhold Federal-aid highway funds apportioned to a State that complies with these provisions….” “…if permitted by law, a legal nonconforming sign constructed in a commercial or industrial area on or after October 22, 1965, that is or has been damaged or destroyed as a result of a natural disaster that occurs after August 1, 2004, may be repaired, replaced or reconstructed at the same location to its original height and size using like materials. The provisions of this section shall not preempt State or local law or ordinance. The Secretary shall not reduce or withhold Federal-aid highway funds apportioned to a State that complies with these provisions….”

Speakers Janet Myers-FWHA Janet Myers-FWHA Bob Black-FHWA Bob Black-FHWA Nancy Fletcher-OAAA Nancy Fletcher-OAAA William Brinton-Scenic America William Brinton-Scenic America John Garner-FDOT John Garner-FDOT John Lee-MissDOT John Lee-MissDOT