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HomeMy WebLinkAboutSign Regulation In Public Waters-1987J SIGN REGULATION IN PUBLIC WATERS New Hanover County Planning Dept. August 2.6, 1987 I DCM COPY DCM COPY i � lease do not remove!!!!! Division of Coastal Management The preparation of this document was financed, in part, through a Coastal Area Management Act grant provided by the North Carolina Coastal Zone Management Act of 1972, as amended;., which is administered by the Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. Sign Regulation in Public Waters A. Introduction .The purpose of this report is to examine the existing and potential regulation of signs in the public waterways of unincorporated New Hanover County. The various effects and types of signs will be examined, followed by an evaluation of current - regulations which impact the placement of signs in the county's public waters. Regulatory measures used in other localities will then be examined. Finally, alternative approaches to sign regulation for the County's waterways will be proposed. B. The Issue and Effects New Hanover County has been blessed with many miles of navigable waterways, including the Intracoastal Waterway, the Cape Fear and Northeast Cape Fear Rivers, and numerous Creeks and tributaries. The waterways help define the character of the County, by providing recreational opportunities, scenic vistas, and aesthetic benefits, while contributing to the County economically through commerce, industry, commercial fishing, and enhanced real estate values. However, the water resources are fragile and must be protected. The County's waterways are regulated by various Federal, State, and local agencies in order to preserve and enhance the waterways and their environs, and to protect them from undesirable developments. One type of structure which �as potential adverse effects on public waterways is signs. These signs may also provide some benefits. The positive and negative impacts of water -oriented signs may be grouped into four broad categories: safety, economic, aesthetic, and environmental concerns. 1. Safety One problem with signs in public waters is the potential hazard to navigation they pose. Signs located within the navigation channel present an obvious hazard in that they may block both the navigation path and the view of other boats, and official regulatory signs and markers. In addition, it can be argued that signs, both in and outside the navigation channel, would tend to distract boat operators from their task at hand, which is to guide the boat safely. 1This -report deals primarily with "water -oriented" signs, defined as signs intended to attract the attention of boaters or other people in public waters. On the other hand, signs may promote safety to some degree by providing information. Obviously, regulatory signs are designed to facilitate safe boating conditions. Water -oriented commercial signs may also promote safety by providing directional information, and by notifying boaters of marinas and other potentially congested areas. 2. Economics Signs in the waterways impact the economy at various levels. For an individual owner of a business located on the water, signs can be an important means of advertising, particularly for a business "off the beaten path." The owner of a marina which is located on a creek, for example, may find it advantageous to place a directional sign in the Intracoastal Waterway. For most marinas, however, the effect of advertising signs is probably minimal, since marina locations are marked on readily available navigational maps and guides. Water -oriented signs may also have an effect on the economy of the County as a whole. This effect may be positive, if the signs strengthen individual businesses, through the economic multiplier effect and through tax revenues. The impact may be negative, however, if the signs are perceived to detract from the appearance of the County. If the number and placement of signs proliferate, tourists may be dissuaded from visiting and spending money in the County, and residents may likewise object. 3. Aesthetics As noted above, signs in the public waterway may be considered unattractive by visitors and residents alike. While the aesthetic value of water -oriented signs is largely a matter of opinion, other factors come into play. Most people would probably agree that a relatively undeveloped stretch of water is more attractive than a developed area. A sign may be more acceptable in an already developed area, such as near a marina, than in a pristine environment. Thus, a sign's surroundings may determine whether it is objectionable. The sign's appearance and.content may also have an effect on its acceptability. A small identification sign for a marina, for example, may be less objectionable than a large billboard advertising a certain brand of cigarettes. A related issue is the scenic view of the water and the surrounding estuaries and shorelines. Signs in or near the water may block or detract from the scenic vista. 4. Environment Signs located in the water may have negative environmental effects, both temporary and long-term. The 2 act of erecting a sign will disturb the bottom of the creek, sound, or, river when the pilings are installed. This may be disruptive, particularly to a fragile shellfish bed or nursery area. There may be potential longer lasting effects on the marine habitat due to the disruption. In addition, wood pilings are often treated with creosote, as a preservative. The creosote -treated pilings can cause environmental problems through a gradual leaching of the - creosote into the water. Signs, however, may provide some environmental benefits in serving -as a perching site for water birds and as a substrate for certain marine organisms, such as barnacles and algae. C. Types of Signs One obvious distinction which can be made concerning water -oriented signs is between regulatory and non -regulatory signs. As mentioned previously, regulatory signs are necessary to promote safe boating, fishing, and swimming conditions. Non -regulatory signs generally serve commercial purposes and may be more strictly controlled. Several differences can be noted between non -regulatory signs in public waterways. These distinctions deal mainly with placement and character. The first distinction is between on -premise and off -premise signs, and applies to land- as well as water -oriented signs. A sign is on -premise if it is located at the site of the business or other activity to which it directs attention. These on -premise signs are also known as principal use signs. An off -premise sign directs attention to a business or activity at a different location. An off -premise advertising sign is, in other words, a billboard, whether oriented to land or water. Secondly, water -oriented signs may be classified according to their location with respect to the waterway. While some signs directed toward the water are actually located in the water or marsh, other water -oriented signs may be located on land which is contiguous to the waterway. Thus, signs are either water -based or land -based. Finally, a distinction can be made concerning the character of water -based signs. Conventional signs - stationary signs erected on pilings or posts, or attached to another stationary structure - may be located in the water. It is possible, however, to create a non -conventional sign in the form of a floating sign.- These signs may be docked in a permanent location, move continually under self -propulsion, or be moved from place to place. Thus, water -oriented signs may be on -premise or off -premise, land -based or water -based, and stationary or floating. In addition, signs can be distinguished by size, height, content (i.e. advertising water -dependent vs. non -water -dependent uses), and spacing (distance from other signs) in much the same way conventional signs and billboards are classified. 3 D. Existing Regulations Impacting New Hanover County Signs in the public waterway are controlled, directly and indirectly, by various Federal, State, and local regulations. These regulations overlap, in some cases, and act together to make water -oriented signs virtually non-existent in the unincorporated County. However, there are some instances in which a water -oriented sign may be permitted. In addition, there is a possibility that State and Federal regulations could change. Thus, while the County's existing regulations are currently sufficient for the most part, some additional regulations at the local level may be warranted. Signs in public waterways are currently controlled by County, State (Division of Coastal Management) and Federal (U.S. Army Corps of Engineers, Coast Guard) regulations. 1. New Hanover County New Hanover County regulates, through Article IX of the Zoning Ordinance, both on -premise signs and outdoor advertising signs (billboards). The ordinance regulates location (with respect to zoning districts, schools, parks, churches, property lines, right-of-way lines, and existing signs); size; height; illumination; and maintenance. In addition, most signs require a permit from the Building Inspector. Exceptions to this permitting requirement are temporary real estate and construction signs, and certain directional/information signs. On -premise signs, referred to in the Zoning Ordinance as principal use signs, are permitted as an accessory use.in commercial districts (B-1, B-2, Shopping Center), industrial districts (I-1, I-2, AI), office and institutional districts (O&I), and planned development districts (PD). Outdoor advertising signs are permitted only in I-1, I-2, and AI districts. Zoning district boundaries in the County generally extend to the centerline of rivers and creeks, and to the ocean shoreline of barrier islands. Thus, the County has the power to regulate, to a great degree, the.placement of signs in the water, marsh, and on land contiguous to waterways. Since most land along New Hanover County's waterways, particularly along the coast, is zoned for residential purposes, signs are generally not permitted. However, industrial zones exist along the Cape Fear and Northeast Cape Fear Rivers, Smith Creek, and a small parcel south of Bradley Creek on the Intracoastal Waterway, allowing both on -premise signs and billboards to be legally erected. There are also several small districts zoned for business along the County's waterways, permitting on -premise 4 signs: along Airlie Road on the Intracoastal Waterway, an area on Bradley Creek at US 76, and in the Seabreeze community contiguous to the Intracoastal Waterway. Figure 1 shows existing industrial and commercial zones along the County's waterways. Several other conditions may allow signs to be constructed along the waterway under the existing Zoning Ordinance. First, an on -premise sign may be permitted in a residential zone when a property -owner is.granted a special use permit, for example, to operate a marina. Second, residential land may be rezoned in the future to a commercial or industrial use allowing signs. Finally, the incorporated areas of Wilmington, Wrightsville Beach, Carolina Beach, and Kure Beach are not within the zoning jurisdiction of the County. 2. Division of Coastal Management -Under the Coastal Area Management Act of 1974, the Division of Coastal Management has the authority to regulate the State's coastal zone. CAMA regulations prohibit signs below the mean high water line and flooded marsh. Additionally, a CAMA minor permit is required for any sign 75 feet landward of the mean high water line, known as the estuarine shoreline area of environmental concern. DCM staff report that very few permit applications for signs have been received. Signs which are erected in violation of CAMA sign regulations (i.e. without a permit) are required to be removed; however, an existing "grandfathered" sign may be improved or replaced. 3. Army Corps of Engineers The erection of any new sign in public waters or marsh requires a permit from the U.S. Army Corps of Engineers. However, according to Corps staff, the only permits they have issued since the regulations went into effect around 1970 have been for regulatory signs (i.e. No Wake Zone). The few inquiries which have been received concerning non -regulatory signs have generally been from marinas who wish to advertise off -premise. There are some commercial signs in the County's -waterways, but most have been in place since before the current regulations went into effect. Prior to 1970, the primary concern was potential hazard to navigation. Thus, under the previous regulations, some signs were permitted, provided they were outside the navigation channel. Under current regulations, however, such signs would not be granted a permit by the Corps. In addition to the concerns about hazards to navigation, public interest, including aesthetics, is now considered. The applicant must 5 FIGURE 1 •CANOWI MACK f , IN PACK ,1 r, w rv.K Ul U MACK i �• f INDUSTRIAL AND BUSINESS ZONED LAND ADJACENT TO PUBLIC WATERWAYS INDUSTRIAL ?�C BUSINESS SCALE SI MACS demonstrate why the sign must be built in the water (as opposed to on land), and why it is in the public interest. While it is virtually impossible to secure a permit from the Corps to place a non -regulatory sign in the water or marsh, the Corps has no regulatory control over land above the mean high water line. Thus, signs could be placed on privately owned land, subject to zoning restrictions and CAMA regulations, and directed toward boaters on the Intracoastal Waterway, rivers, or creeks. 4. Coast Guard The main concern of the Coast Guard is navigation. Any structure, including a sign, which would block the navigation channel is not allowed. Furthermore, buoys, range markers, etc. cannot be blocked. E. Regulations in Other Localities Public waterway sign regulation in other localities was researched through the American Planning Association's Planning Advisory Service. Although there appears to be a relative lack of such regulation at the local level, relevant regulations were discerned for six localities. Four of these localities' regulations take the form of waterfront zoning districts. The cities of Washington, D.C. and Wilmington, Delaware have waterfront zoning districts which prohibit billboards. Charlotte County, Florida has a "Marine Park" zoning district for submerged lands extending seaward from the mean high water line or bulkhead line. In this district, all signs are prohibited except signs for navigation, warning, trespassing, and caution. Finally, Sacramento County, California has a "Delta Waterways" zoning district which runs along the Sacramento River and waterways in the "Delta area." On -site signs are permitted in this district subject to restrictions for size (maximum 24 square feet), lighting, and location. In contrast to separate zoning districts, the City of Cottage Grove, Illinois has established an overlay district for the Mississippi River Corridor. In this corridor, new structures, presumably including signs, may not be constructed within 100 feet landward of the bluffline or normal high water line. In addition, advertising signs are prohibited along any highway within 1000 feet of the "flood fringe borderline" if the view of the river -from the highway would be blocked. Newport Beach, California requires a permit for any structure "in, upon, or over the waters of Newport Harbor, the Pacific Ocean or any other water where the tide ebbs and flows." Informational and directional signs which list general services and commodities, but not specific brands, are permitted beyond the bulkhead lines. However, no sign may exceed four square feet in size. 0 F. Alternative Approaches to Regulation While water -oriented signs are currently not a major problem in the unincorporated County, the potential for controversy exists, as evidenced by the adoption of regulations in other localities. New Hanover County has several options for future regulation of water-orientedsigns. The approaches discussed below incorporate some concepts used in other localities. The options range from relying on existing regulations to banning water -oriented signs entirely. In between these two extremes, the existing sign ordinance could be amended to regulate water -oriented signs. 1. Rely on Existing Regulations The County presently regulates both on- and off -premise signs through the Zoning Ordinance. In addition, the State, through the Division of Coastal Management, and the Federal government, through the Army Corps of Engineers, also restrict the placement of signs in public waters. As noted earlier, these local, State, and Federal regulations act together to make water -oriented signs virtually non-existent in the unincorporated County. Relying on the existing regulations would likely restrict the construction of most water -oriented signs. An advantage of this approach is that it would require no action by the Board of Commissioners to implement. However, there are some disadvantages to this approach. One problem is that even under the existing regulations, some water -oriented signs may be allowed. In addition, the Federal or State regulations could change in the future. Finally, rezonings or special use permits may allow water -oriented signs to be legally erected. 2. Ban Water -Oriented Signs. Administratively, the simplest method of sign control for the unincorporated County's public waterways would be to ban all water -oriented signs. This option could be implemented by prohibiting all non -regulatory signs in any navigable waterway, adjacent marsh, and within a certain distance landward of the mean high water line. (See Appendix for proposed ordinance changes.) By prohibiting signs landward of the mean high water line, the scenic view of the water -from the land would also be protected. This approach may be too severe, on -premise signs would not be allowed. signs are typically the only way for itself, the ability of water -dependent may be curtailed under this approach. however, because Since on -premise a business to identify businesses to survive 7 3. Amend Existing Regulations A compromise between these two alternatives may be the fairest and most effective approach.. The existing sign regulations in the Zoning Ordinance could be amended to prohibit certain signs, while regulating the size, location, and character of permitted signs. Under this approach, language could be added to the sign ordinance which would prohibit off -premise signs (billboards) in navigable public waters, marsh, and within a certain distance landward of the mean high water line. On -premise signs for water -dependent uses would be allowed under this approach, but would be limited to a certain size. Additional limitations to on -premise signs could be considered, including height, color, illumination, and physical proximity to the business. Floating signs could be banned entirely. (See Appendix for proposed ordinance changes.) n APPENDIX A. OPTION 2 - Ban Water -Oriented Signs Add the following language to Article IX of the Zoning Ordinance: 91-8 Water -Oriented Signs - No sign shall be erected, or attached to any structure, in, upon or over any navigable public waterway or marsh, nor within four -hundred (400) feet landward of the mean high water line. B. OPTION 3 - Amend Existing Regulations 1. Add the following definition to the Zoning Ordinance: 23-86 Floating Sign - Any sign painted on or attached to any boat or structure which floats or is designed to float, whether such boat or structure is self-propelled or not. 2. Amend Article IX of the Zoning Ordinance as follows (shown in italics): E ARTICLE IX DESIGN STANDARDS AND REGULATIONS FOR SIGNS Section 90 Purpose It is the purpose of this Article to permit signs of a commercial, industrial, and residential nature in districts which have uses with appropriate need for signs and to regulate the size and placement of signs intended to be seen from a public right-of-way or public waters. Section 91 General Provisions 91-1 All signs within the jurisdictional area shall be covered by these regulations and shall be erected, constructed, and maintained in accordance with the provisions of this Ordinance, the North Carolina Building Code, and the National Electrical Code. Only those signs that are specified shall be erected within the jurisdictional areas of this Ordinance. 91-2 Traffic Safety - No sign shall be erected or continued that: (1) Obstructs the sight distance at intersections or along a public right-of-way or public waterway; (2) Would tend by its location, color, or nature, to be confused with or obstruct the view of traffic signs or signals, or would be confused with a flashing light of an emergency vehicle; or (3) Which might be confused with traffic directional signals and signs such as "stop", "go", "danger", etc. 91-3 Maintenance - Whenever a sign becomes structurally unsafe or endangers the safety of a building or the public, the Building Inspector shall order that such sign be made safe or removed. A period of ten (10) days following receipt of said order by the person, firm, or corporation owning or using the sign shall be allowed for compliance. 91-4 Construction Prohibited - No sign shall be attached to or painted on any telephone pole, light pole, telegraph pole, or other man made objects not intended to support a sign or any tree, rock, or other natural objects. 91-5 Illumination - Illumination devices such as, but not limited to, flood or spot lights shall be so placed and so shielded as to prevent the rays of illumination from being cast upon neighboring buildings and/or vehicles approaching from either direction. 91-6 Non -Conforming Signs - All signs or advertising structures located in districts where they would not be permitted as a new use under the terms of these regulations are hereby declared to be non -conforming uses. Non -conforming signs shall be removed within three (3) years of the adoption of this Ordinance. However, signs that are non -conforming as a result of improper illumination shall be made to conform to the requirements of this Ordinance within one (1) year. 91-7 Exclusion - Signs listed below are excluded from these regulations: (1) Signs not exceeding (1) one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; `^ (2) Flags and insignias of any government except where displayed in connection with commercial promotion; (3) Legal notices, identification, information, or directional signs erected or required by governmental bodies; 10 (4) Integral decorative or architectural features of buildings except letters, trademarks, moving lights, or moving parts; and (5) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. 91-8 Floating Signs - Floating signs shall not be permitted. Section 92 Administration, Filing Procedure and Permits 92-1 Administration - The Building Inspector shall issue a permit for fhe erection or construction only for a sign which meets the requirements of this Ordinance. 92-2 Filing Procedure - Applications for permits to erect, hang, place, paint, or alter the structure of a sign shall be submitted on forms accompanied by a plan showing the following: (1) Area of the sign; (2) Size, character, general layout and designs proposed for painted displays; (3) The method and type of illumination, if any; (4) The location proposed for such signs in relation to property lines,_ zoning district boundaries, right-of-way lines, public waterways, and existing signs; (5) If conditions warrant it, the Building Inspector may require such additional information as will enable him to determine if such sign is to be erected in conformance with the requirements of this Ordinance; and (6) Payment of fee to obtain building permit. Section 93 Signs Which do not Require a Permit The following signs may be erected, hung, or placed without a permit from the Building Inspector but shall not be illuminated unless otherwise specified. 93-1 Temporary Real Estate Sign - One (1) temporary real estate sign not exceeding ten (10) square feet in area shall be permitted per residential lot. One (1) temporary real estate sign not exceeding thirty-two (32) square feet in area shall be permitted, for commercial or industrial property, and/or for tracts of land five (5) acres or more in area. Where the property on which said sign is to be placed faces more than one (1) street, such sign shall be allowed on each street frontage. 93-2 Temporary Construction Sign - One (1) temporary construction site sign not exceeding thirty-two (32) square feet erected on the site during the period of construction to announce the name of the owner or developer, contractors, architect, land planner, landscape architect, engineer, and/or mortgage banker. 93-3 Direction or Information Sign - Direction or information signs of a public or quasi -public nature shall not exceed thirty-two (32) square feet in area. Such signs shall only be used for the purpose of stating or calling attention to: (1) The name or location of the town, hospital, community center, public or private school, church, synagogue, or other place or worship - this type sign may be illuminated; (2) The name of a place of meeting of an official or civic body, or fraternal organization - this type sign may be illuminated; (3) An event of public interest such as a public hearing, rezoning announcement, general election, church or public meeting; local or county fair; and other similar community activities and campaigns; 11 (4) Soil Conservation, 4-H and similar projects; (5) Zoning and subdivision jurisdiction boundaries; and (6) Name of a subdivision or other building project (sign may include name of project, real estate agency, architect, engineer mortgage banker, etc.) 93-4 Setback Requirements - Signs which do not require a permit shall be set back at least ten (10) feet from any public right-of-way line or property line and shall be set back at least fifty (50) feet from any road construction. Section 94 Signs Which Require A Permit No sign except those listed in Section 93 shall be erected, hung, or structurally altered without a permit from the Building Inspector. The following signs shall be erected, hung, placed, or structurally altered only after a permit has been issued by the Building Inspector and the minimum requirements for such signs are met. 94-1 Principal Use Signs (1) Each principal use sign shall require a permit. (2) Principal use signs may be illuminated. (3) Principal use signs shall be set back at least ten (10) feet from any right-of-way line or property line and shall not obstruct the vision at a street intersection for a distance of fifty (50) feet from the right-of-way of the intersection. (4) No principal use sign shall be permitted that exceeds three hundred (300) square feet of sign area. (5) No principal use sign shall exceed forty (40) feet in height measured from the finished grade of the lot to the top of the sign structure. (6) The combined total sign area of all principal use signs on the, premises shall not exceed seven hundred (700) square feet or six (6) square feet of sign area per linear foot of street frontage in single ownership, whichever is less. (7) No principal use sign in, upon or over any navigable public waterway or marsh, or within four -hundred (400) feet landward of the mean high water line shall exceed seventy-five (75) square feet of sign area. No such sign shall exceed fifteen (15) feet in height, measured from the mean high water line to the top of the sign structure. 94-2 Outdoor Advertising Signs (5/4/87) (1) Purpose: Outdoor advertising signs are herein regulated for the purposes of regulating excess signage, encouraging the positive economic development of the County, preserving and improving tourism views, promoting the safety of the traveling public, .protecting existing property values in both residential and nonresidential areas, preventing the overcrowding of land, and protecting the aesthetics of the County . The regulations are designed to prevent their overconcent'ration, improper placement, and excessive height, bulk, number and area. It is recognized that, unlike on -premise identification signs which are in actuality a part of a business, outdoor advertising is a separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor advertising signs are regulated differently from on -premise signs. 12 (2) Design Regulations: Except for ordinary maintenance, poster panel replacements, copy changes, or repair not involving structural, material, or electrical changes, no outdoor advertising signs, or part thereof, shall be erected, altered, constructed, changed, converted, reerected, additionally illuminated, enlarged, or moved unless the entire outdoor advertising sign and structure are brought into conformity with this code. (a) Area of outdoor advertising signs: No outdoor advertising sign facing streets with four (4) or more traffic lanes may exceed one hundred and fifty (150) square feet; outdoor advertising signs �. facing streets with fewer than four (4) traffic lanes may not exceed seventy-five (75) square feet. The allowable sign area of signs with equal size and shape for both double-faced (back-to-back) and V-type signs is measured by computing the area of only one side of the sign. Both sides of a double-faced or V-type sign shall be of equal size. No point on either side shall be more than 15 feet from the nearest point of the other side. (b) Height: No outdoor advertising sign or part thereof, including base, apron, supports, supporting structures, and trim, may exceed thirty (30) feet in height. Rooftop outdoor advertising signs are prohibited. - (c) Construction standards: 1. Each outdoor advertising sign shall comply with the applicable setback requirements of the district in which it is located. In no case, however, shall an outdoor advertising sign be located less than ten (10) feet from any right-of-way or property line. 2. Corner lots: No part of an outdoor.advertising sign may be located within a triangular area formed by the street right-of-way lines and a line connecting them at points fifty (50) feet from the right-of-way intersection. 3. Spacing of signs: No part of any outdoor advertising sign shall be located less than one thousand (1,000) feet from any part of another outdoor advertising sign. 4. The backs of all outdoor advertising signs shall be painted in a neutral color to blend with the surrounding area and to prevent the reflection of car lights and sun light. 5. Sign messages which advertise a discontinued activity or use of a building or premise shall be removed within sixty (60) days from the date the activity or use was terminated. Signs advertising events such as shows, displays, festivals, circuses, fairs, athletic contests, dances, fund drives, elections, exhibits, meetings, conventions and the like shall be removed within thirty (30) days after the date of termination of such event. 6. Outdoor advertising signs shall not be constructed within areas designated under the Special Highway Overlay District (SHOD), in accordance with Section 59.6. Outdoor advertising signs and structures which comply with the provisions of this Ordinance are permitted in I-1, I-2, and A -I zoning districts provided the specific sign location is four hundred (400) feet or more from any residential zoning district, place of worship, public park, or school. 13 ., . Outdoor advertising signs shall not be permitted in, upon or over any navigable public waterway, marsh, or within four -hundred (400) feet of the mean high water line. 7. All nonconforming outdoor advertising signs shall be discontinued or made conforming (amortized) within five and one-half (5 1/2) years from the effective date of this section unless explicitly prohibited by state statute. All outdoor advertising signs which are made nonconforming by an amendment to this chapter, or to the official zoning map, or extension of the areas in which this section is applicable shall be discontinued or made conforming (amortized) within five and one-half (5 1/2) years after the date of such amendment or extension, unless explicitly prohibited by state statute. (5/4/87) 14