Administrative Rule Review Report  #AR10-051

Legislative Service Office

22-Jul-10

AGENCY: Department of Transportation.

DATE SUBMITTED: July 22, 2010.

SUBJECT: Chapter 16, Outdoor Advertising.

NATURE OF RULES:                     Legislative

STATUTORY AUTHORITY:         W.S. 24-10-105.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  The agency did receive comments about the proposed rules.  The agency considered the comments and made various small revisions to the proposed rules in response.  The agency chose not to make one requested change regarding the replacement of nonconforming signs when destroyed by fire, wind or other acts of God.  The decision was supported by reference to federal law.  The changes appear to be nonsubstantive and therefore comport with the "substantial compliance" requirement of the Wyoming Administrative Procedure Act (W.S. 16-3-103(c)).

SUMMARY OF RULES:  Revisions to Chapter 16, Outdoor Advertising, have been adopted to add provisions related to digital billboards and political signs and to make other changes.  Specifically, the adopted rules add new definitions, correct statutory references, regulate the method, style and intensity of messages on digital billboards, regulate the posting of political signs on public property, make formatting changes and make numerous grammatical changes.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and approved by the Council as submitted by the Agency.

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

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