Virginia Code 33.2-1209: Applications for permits; fees.
A. A separate application for a permit shall be made for each separate advertisement or advertising structure, on a form furnished by the Commissioner of Highways, which application shall be signed by the applicant or his representative duly authorized in writing to act for him and shall describe and set forth the size, shape, and nature of the advertisement or advertising structure it is proposed to post, display, erect, or maintain and its actual or proposed location with sufficient accuracy to enable the Commissioner of Highways to identify such advertisement or advertising structure and to find its actual or proposed location.
Terms Used In Virginia Code 33.2-1209
- Advertisement: includes any part of an advertisement recognizable as such. See Virginia Code 33.2-1200
- Advertising structure: means any rigid or semirigid material, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. See Virginia Code 33.2-1200
- Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
- Highway: means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-1200
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Interstate System: means the same as that term is defined in Virginia Code 33.2-100
- Maintain: means to allow to exist. See Virginia Code 33.2-1200
- Person: includes an individual, partnership, association, or corporation. See Virginia Code 33.2-1200
- Post: means post, display, print, paint, burn, nail, paste, or otherwise attach. See Virginia Code 33.2-1200
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
B. Each application shall be accompanied by an application fee in an amount determined on the basis of the area of the advertisement or advertising structure for which the permit is sought, according to the following schedule:
1. $15 if such area does not exceed 74 square feet;
2. $30 if such area exceeds 74 square feet but does not exceed 1,824 square feet; and
3. $165 if such area exceeds 1,824 square feet.
In the computation of fees under this subsection, each side of the advertisement or advertising structure used or constructed to be used shall be separately considered. If the applicant elects to use an electronic application, the fee shall be reduced by $5 per application.
The fee shall be retained by the Commissioner of Highways if the permit is issued. If the permit is refused, the Commissioner of Highways shall refund one-half of the application fee to the applicant.
C. In addition to the fees required by subsection B, on any original application for an advertisement or advertising structure there shall be imposed an inspection charge of $50 for any advertisement or advertising structure to be located on an Interstate System, federal-aid primary, or National Highway System highway and $25 for any advertisement or advertising structure to be located on any other highway.
D. Each application shall be accompanied by the written consent, or in lieu thereof a copy certified by an officer authorized to take acknowledgments to deeds in the Commonwealth, of the owner of the real property upon which such advertisement or advertising structure is to be erected, used, maintained, posted, or displayed, or of such other person having the legal right to grant such consent, or of the duly authorized agent of such owner or other person, except that in the marsh or meadowland owned by the Commonwealth along either side of the causeway leading from the mainland to the Town of Chincoteague, the legal right to grant such consent shall be vested in the local governing body of such town.
E. Application shall be made in like manner for a permit to use, maintain, or display an existing advertisement or advertising structure.
Code 1950, § 33-308; 1954, c. 588; 1959, Ex. Sess., c. 20; 1964, c. 619; 1968, c. 519; 1970, c. 322, § 33.1-361; 1979, c. 216; 1993, c. 538; 2012, c. 145; 2014, c. 805.