                                 CODE OF VIRGINIA

ADJUSTMENT OR RELOCATION OF CERTAIN BILLBOARD SIGNS (§ 33.2-1230)

A. Notwithstanding any other provision of law, general or special, whenever land
is acquired due to the widening, construction, or reconstruction of any highway
by purchase or by use of the power of eminent domain by any condemnor and upon
such land is situated a lawfully erected billboard sign or whenever a lawfully
erected billboard sign is situated adjacent to such a highway and is affected by
the construction of a sound wall, such billboard sign may be relocated as
provided in this section.

B. If a billboard sign meets all requirements under the provision of this title,
the size, lighting, and spacing requirements of a locality that is certified in
accordance with 23 C.F.R. &#xA7; 750.706 and the federal-state agreement, if
applicable, and &#xA7; 4.1-113.1 in the case of outdoor alcoholic beverage
advertising, but is considered nonconforming solely due to a local ordinance,
the owner of the billboard sign, at his sole cost and expense, shall have the
option to relocate such billboard sign to another location as close as
practicable on the same property, adjusting the height or angle of the billboard
sign to a height or angle that restores the visibility of the billboard sign to
the same or comparable visibility as before the taking or before construction of
the sound wall, provided the new location also meets all the requirements of
this title and regulations adopted pursuant thereto. The owner of the billboard
sign shall apply for a building permit from the locality in which the billboard
sign is located. The billboard sign may remain in its original location,
provided the owner of the billboard sign pays monthly rent to the Commissioner
of Highways or other condemnor equivalent to the monthly rent received by the
property owner for the billboard prior to acquisition, and until such time as
the Commissioner or other condemnor gives notice to the owner of such billboard
sign that the billboard sign must be removed. The notice of removal shall be
provided at least 45 days prior to the required removal date, which shall be the
earlier of the certification date for a highway project advertisement for
construction bids or the date that utility relocations are scheduled to
commence. If all provisions of this section are met, the Commissioner shall
provide written notice to the sign owner and the locality approving the
relocation of the sign that is binding upon all parties.

C. Nothing in this section shall authorize the owner of such billboard sign to
increase the size of the sign face or make changes to the sign or sign structure
beyond adjustments to height or angle as specified in subsection B. A relocated
billboard sign shall continue to be nonconforming in its new location unless the
relocated billboard sign becomes conforming in its new location under the local
ordinance.

HISTORY: 2013, cc. 603, 611, § 33.1-95.2; 2014, cc. 298, 805, 811; 2015, c.
256; 2020, c. 983.