ACTION ALERT!
Companion bills in the Alabama House (HB296) and Senate (SB268) have been introduced at the behest of the Alabama Association of Realtors, which could have a negative impact on meaningful sign regulation by cities.
There is a public hearing on HB 296 on Tuesday, March 25, 1 p.m. in the Alabama Legislative Building Room 727. This is the City and County Government Committee chaired by Sen. Wendell Mitchell. If, after reading this information, you wish to comment on the proposal, you can make plans to attend the public hearing, or you can submit comments to Scenic Alabama by replying to this email and we will submit them on your behalf.
The bill states that a real estate licensee has a "right to advertise" and that no city or political subdivision can impose "any license fee, permit or tax for the use of signs" either on the property or "near such property directing people to such property." It is an addition to the Alabama Code section dealing with Real Estate Licensees. (Full text of the bill is at the end of this email)
These are some of the problems with this proposal:
- It addresses a problem that does not exist. The Alabama Association of Realtors has stated that they do not believe a permit fee should be charged for real estate signs on private property (i.e. the property that is for sale). We have found no city in the state of Alabama that does this. Extensive review of sign ordinances shows that real estate signs are already exempt in cities that have sign ordinances.
- There is one city in Alabama which charges a permit fee for off premises real estate signs and allows them to be located on public property (right of way). HB 296 would not allow a city to decide, based on its own community needs, to require a permit for such off-premises signs.
- Property owners are not included in this proposal. Thus, in a city which had a permit for off-premises real estate signs, a real estate agent wouldn't have to get a permit, but a For Sale By Owner would not be exempt from the requirement.
- The proposal is an addition to the Alabama Code section dealing with Real Estate Licensees. But the bill is effectively a strike at zoning ordinances. Cities enact zoning ordinances and sign ordinances in order to maintain an orderly appearance and insure ease of navigation in a community, among other reasons. Permits, and permit fees, are the means for a city to enforce its ordinances. This bill could be seen as a way to chip at cities' ability to regulate signs in the future.
A separate bill (HB 628) has been introduced in the House which would effectively eliminate sign control in Alabama. Details on HB628 will be sent later. If we can make our voices heard on this Real Estate Sign bill, then it will strengthen our case in opposition to HB628.
If you are a city official, either elected or appointed, and you object to this bill, please make plans to attend the public hearing or to send a representative. Even if your city does not have the kind of permits addressed by this bill, you can be sure that if the bill succeeds, there will be additional efforts down the road which could impact you.
If you are a planner or other interested citizen, please plan to attend the hearing or to submit comments. If you email them to Scenic Alabama, please include your name and physical address.
Please forward this information to officials or individuals who might wish to comment on the legislation.
This seems like an innocuous piece of legislation, but it is part of a continuing effort to chip away at sign regulations. It's important to make our voices heard on any legislation that could impact a community's ability to control signs.
