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Letter clarifies field-sign regulations

Monday, April 21, 2014

 

 

By Rep. Paul Anderson

 

Several weeks ago, the Department of Transportation (MnDOT) circulated a letter detailing how it was going to more strictly enforce a law known as the Minnesota Outdoor Advertising Control Act (MOACA).

 

From the way the letter was written, it appeared as though a long-standing practice of seed corn signs at the end of farmers’ fields was going to be banned. To me, we have many more pertinent things going on in this world that need regulation and oversight than putting the hammer down on farmers who erect a Pioneer or Dekalb or other seed company sign at the end of a field – on their own land, mind you. The original letter talked about MnDot workers confiscating such signs, yes, even those on private property, and billing the land owner for the expense.

 

The MOACA regulates on-premise advertising devices, which constitute activities on the property where they are located. Thus, an off-premise sign, a device that advertises the sale of goods or services at a different location, is prohibited.  According to MnDOT , the Supreme Court has held that the goal of the statute is to permit billboards compatible with surrounding land use and to “preclude them in residential and agricultural areas where, beauty is more highly valued than utility.”

 

Needless to say, the original letter caused a considerable amount of head-scratching among various ag interests. What was the harm, a general comment went, about a small seed corn sign at the end of a field…especially one that’s off the highway right-of-way and on the edge of a farmer’s field?

 

A meeting was held, and another letter went out. This one clarified what signs would be allowed to stand and which ones wouldn’t. The stance was softened a bit as MnDOT wrote, “In an effort to recognize Minnesota’s strong agricultural economy and property rights, the following guidance is issued with respect to crop variety and seed company signs.”

 

So, now, the MOACA will allow such signs when the following four factors are fulfilled: 1) The device is on demonstration plots; 2) The device is on private property; 3) The device is not in the right-of-way; and 4) The device does not reference an off-site location where the product may be sold.

 

Legislators return to St. Paul this week to finish work on this year’s session. Four weeks remain, and among the major issues left are conference committees working to reconcile language between the House and Senate on certain bills and, of course, the bonding bill. That one’s going to be interesting in terms of how large the final package will be and getting enough Republican votes to pass it. An agreement last year limits the size of the bonding bill to around $850 million, but some want it even larger. And with a projected surplus, that discussion for more spending has become louder. However, rules say that the bonding bill must pass with a super majority so a bipartisan vote is needed. That’s where the balancing act and further negotiation come in.

 

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