R933-2-4. General Requirements

  (1) Permits shall be issued in accordance with the Act and as described by this rule.

  (2) Permits may be issued only for signs that are to be erected in areas allowed by local, state and federal law.

  (3) All permits shall be maintained in good standing with the department for the duration of the sign's existence.

  (4) Until the application is considered complete by the department, the department shall not process the application.

  (a) If the application is deemed incomplete by the department, the department will send a notice notifying the applicant of the deficiencies of the application.

  (b) The applicant will have 30 days from the notification date to make the application complete per the instructions on the application.

  (c) If the applicant does not submit the required information to make the application complete within 30 days from the notification date the application will be returned to the applicant as incomplete without being processed.

  (d) During the time the applicant is completing the application, the department will not consider or review any subsequently-received New Outdoor Advertising Permit Application for the same general location, where granting one permit would preclude the other.

  (e) If multiple incomplete New Outdoor Advertising Permit Applications are submitted to the Department at the same time for the same general location, and granting one permit will preclude granting any other, the first application to be completed will receive priority over any other. The Department shall serve notices of deficiencies on the applicants simultaneously.

  (5) If multiple complete New Outdoor Advertising Permit Applications are submitted to the Department at the same time for the same general location, the first application received will have priority over any other.

  (6) Where the local authority has issued a building permit for construction of a sign, but construction is contrary to the Act, the action of the local authority does not require the state to issue a permit.

  (7) The crossing of a right-of-way line of any controlled route for access at other than an established access approach to erect, alter or maintain a sign without the written permission of the department, is unlawful.

  (a) The first documented offense the permit holder will receive a warning notice.

  (b) The second documented offense will result in a Notice of Agency Action.

  (c) The third documented offense will result in permit revocation.

  (8) Any sign located within the controlled area of two controlled routes shall meet the spacing requirements of both highway systems.

  (9) If a sign message may be read from two or more routes, one or more of which is a controlled route, the more stringent of applicable control requirements applies.

  (10) New sign structure or adjusted sign structure location requires the proposed location to be staked by the applicant prior to submitting any application. The applicant shall mark the center-point(s) of the support pole(s) of the proposed location with a clearly visible stake and a ribbon. The stake shall have the sign owners name clearly identified on it.