09 LC
25 5380
Senate
Bill 107
By:
Senators Harp of the 29th, Unterman of the 45th, Weber of the 40th, Chapman of
the 3rd, Adelman of the 42nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to control of signs and signals along the state
highway system, so as to prohibit outdoor advertising from being erected or
maintained in certain areas; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to control of signs and signals along the state highway
system, is amended by adding a new Code section to read as follows:
"32-6-73.1.
(a)
As used in this Code section, the term:
(1)
'Environmentally sensitive area' means an area which is subject to a
conservation use covenant for ad valorem tax purposes under Code Section
48-5-7.4 or 48-5-7.7.
(2)
'Flood plain' means that area adjacent to a perennial stream which is subject to
being flooded with a probable frequency of at least once every 100 years as
identified on the applicable Federal Emergency Management Agency flood insurance
rate map.
(3)
'Perennial stream' means any perennial stream the long term median flow of which
equals or exceeds 50 cubic feet per second according to the Department of
Natural Resources.
(4)
'Wetlands' means those wetlands that are under the jurisdiction of the United
States Army Corps of Engineers pursuant to Section 404 of the federal Clean
Water Act, as amended, or depicted or delineated on maps compiled by the
Department of Natural Resources.
(b)
No outdoor advertising shall be erected on or after July 1, 2009:
(1)
Within 660 feet of the nearest edge of the right of way and visible from the
main traveled way of the interstate or primary highways in this state;
or
(2)
Beyond 660 feet of the nearest edge of the right of way of the interstate or
primary highways in this state outside of urban areas so as to be visible and
intended to be read from the main traveled way,
in
any case where such outdoor advertising or any private way constructed or
maintained to provide access to such outdoor advertising would be located within
the flood plain of any perennial stream; within 2,000 feet of the banks of any
perennial stream; within 2,000 feet of any wetlands; or within any
environmentally sensitive
area."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.