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173.05 ADVERTISING DEVICES
<br />Is hereby created a board to be known as the scenic area board. The board shall
<br />consist of the commissioner of highways, commissioner of economic develop-
<br />ment, commissioner of natural resources and a representative of the outdoor
<br />advertising industry, a representative of the motel, hotel and resort industry to
<br />be appointed by and serve at the sufferance of the governor..
<br />Subd. 2. The commissioner of highways, after consultation with • the scenic •
<br />area board, may by rules and regulations issued pursuant to chapter 15 estab-
<br />lish scenic areas adjacent to the interstate or primary highways. Such scenic
<br />areas shall be located outside of the then existing boundaries of cities, and shall not
<br />include areas then zoned for commercial or industrial purposes. Permits for legally
<br />existing advertising devices not in violation of this chapter shall be granted until
<br />such devices are paid for, but no new advertising devices may be erected within the
<br />area after the scenic area has been established by rule and regulation. If the state
<br />or any local unit of government legitimately zones all or any part of a scenic area
<br />for commercial or industrial use in accordance with customary usage in the state,
<br />then such area or that part thereof shall cease to be a scenic area. A scenic area
<br />will exist when the rights thereto have been acquired by the state.
<br />Subd. 3. The scenic area board may recommend that the commissioner of
<br />highways establish an area adjacent to a route of an interstate or primary high-
<br />way as a scenic area when it deems such area to be of scenic interest. Such
<br />area may include in part, but shall not be limited to, areas containing national,
<br />state, or local parks, historic sites and monuments, and picnic, rest, or recreation
<br />areas maintained by the public.
<br />The commissioner of highways may acquire scenic easements in such areas
<br />to preserve the natural scenic beauty of that area and its visibility from the high-
<br />way, and the rights so acquired may require the removal, by the owner of the
<br />land, of any structure necessary to accomplish these purposes. Advertising devices
<br />shall be removed only in accordance with this chapter, and the commissioner
<br />shall not require the removal of residences, farm buildings or other buildings of
<br />a substantial nature. Whenever practicable, the scenic easements acquired herein
<br />shall provide that the land may be used for agricultural, horticultural, forest,
<br />grazing, residential, or other purposes not inconsistent with the scenic purposes
<br />• for which the easement was acquired.
<br />Subd. 4. Any scenic area established under this section may extend such
<br />distance beyond the edge of the right-of-way of an interstate or primary highway
<br />as the commissioner shall determine is reasonably necessary for the fulfillment
<br />of the purposes and objectives of sections 173.01 to 173.11.
<br />Subd. 5. In establishing such scenic areas along any interstate or primary
<br />highway, the commissioner of highways shall, whenever practicable, comply with
<br />federal law and federal rules and regulations relating to billboard control on any
<br />interstate or primary highway, and is authorized to do all necessary acts and
<br />things, including, but not limited to, entering into binding agreements with the
<br />United States or any of its agencies or departments to the end that the objec-
<br />tives stated in Title 23, United States Code, Section 131, Section 319, or any other
<br />applicable federal statute, and the rules and regulations promulgated pursuant
<br />thereto, be accomplished in such scenic areas, and that federal participation in
<br />the cost of acquiring the necessary easements for such scenic areas be obtained
<br />in as many instances as possible.
<br />Subd. 6. The commissioner of highways has the authority to do all things
<br />necessary to obtain any federal moneys that may be available for the planning,
<br />establishing, and acquiring of scenic areas and scenic easements along any
<br />interstate or primary highway.
<br />[1965 c 828 s 4; 1967c29989; Ex1967 c 9 s 3-7; 1969 c 1129 art 8 s 1; 1971 c 883
<br />s S; 1973 c 123 art 5 s 7J
<br />173.05 ACQUISITION OF PROPERTY. The commissioner of highways shall.
<br />acquire all rights in property, personal or real, necessary to carry out the purposes
<br />of sections 173.01 to 173.11, by purchase, gift, or eminent domain proceedings.
<br />All costs of acquisition of such rights shall be necessary for a highway purpose.
<br />Nothing herein shall be construed to limit any right, power or authority to regu-
<br />late and control the erection or maintenance of advertising devices under the
<br />provisions of any other law of this state.
<br />[1965 c 828 s 5 ]
<br />173.06 RULES ANI) REGULATIONS RELATING TO PERMITS. Subdivision
<br />201
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