Maintenance and removal of vegetation obstructing the view of outdoor advertising signs along highways under the jurisdiction of the Department of Transportation

Under current law, DOT administers a permit system for the maintenance and removal by sign owners of vegetation obstructing the view of signs along state trunk highways, including interstate highways. DOT may issue permits to sign owners for the trimming, removal, or relocation of vegetation in the highway right-of-way if, within various specified distances along the highway, the vegetation obstructs motorists' view of the face of a sign. A permit authorizes the sign owner, or a third-party contractor employed by the sign owner, to trim, remove, or relocate obstructing vegetation to the extent necessary to eliminate the obstruction and restore an unobstructed view of the sign for the applicable specified distance along the highway. A permit must specify the vegetation or the portion of the highway right-of-way to which the permit applies. Each permit must require a sign owner that removes planted vegetation to either relocate the planted vegetation or reimburse DOT for the value of the planted vegetation. DOT must present to the sign owner DOT's calculation of the value of the planted vegetation, and the sign owner may elect to relocate the planted vegetation or to reimburse DOT in the amount calculated by DOT.

This bill makes various changes to DOT's permit system for maintenance and removal of vegetation obstructing signs, including the following:

1. The bill replaces various sign viewing standards with a single standard: that a sign owner is eligible for a permit to trim or remove vegetation if, for a distance of 500 continuous feet within the 1,000 feet distance motorists travel immediately before reaching the sign, the vegetation obstructs the view of any portion of the face of the sign. The bill also eliminates an exception that allowed DOT to issue a permit for a noncontinuous 500 feet viewing distance.

2. The bill specifies that, with limited exceptions, DOT must issue permits to eligible applicants. Also under the bill, DOT permits authorize the trimming or removal, but not the relocation, of obstructing vegetation. The bill also requires all trimming to be performed in compliance with applicable standards of the American National Standards Institute.

3. The bill eliminates the requirement that a permittee that removes planted vegetation must either relocate the planted vegetation or reimburse DOT for the value of the planted vegetation. The bill replaces this requirement with the requirement that a permittee that removes vegetation with a diameter of four inches or more must plant replacement vegetation to compensate for the vegetation removed. DOT must determine where the replacement vegetation is to be planted, but it must be planted in the highway right-of-way within ten miles of the location where the vegetation was removed. The bill specifies that a permittee that removes vegetation must also remove the vegetation's stump and must dispose of all vegetation removed.

4. Under the bill, DOT's permit system for the maintenance and removal of vegetation obstructing the view of a sign also applies to any sign that is attached to a building or similar structure, that is within 100 feet of the highway right-of-way, and that advertises activities conducted on the property.

5. The bill eliminates a provision of current law that a permit may not authorize the trimming, removal, or relocation of vegetation in existence prior to the erection of the sign obstructed by the vegetation. The bill replaces this provision with a provision that DOT may not issue a permit to trim or remove vegetation obstructing the view of a sign that is less than five years old (calculated from when DOT first collected the sign's permit fee), except a sign that is attached to a building or similar structure, that is within 100 feet of the highway right-of-way, and that advertises activities conducted on the property.

6. The bill eliminates a provision of current law allowing DOT to require as a condition or restriction under a permit that the work authorized under the permit meet standards established by DOT. Instead, under the bill, DOT may impose any condition or restriction on a permit that DOT customarily imposes in connection with work performed on highway rights-of-way. The bill retains current law that DOT has authority to supervise and determine how the work authorized under a permit is carried out.

7. Under the bill, DOT may deny an application for a permit for a sign for which DOT has issued a removal order and the removal order was received by the sign owner prior to DOT's receipt of the application. DOT may also impose conditions or restrictions on a permit under certain circumstances, including that the application seeks authorization for the trimming or removal of vegetation at an archaeological site. Under the bill, all trimming and removal of vegetation, as well as all planting of replacement vegetation, must be conducted within the hours of the day and days of the week specified by DOT in the permit.

8. The bill eliminates a requirement under current law that, under certain conditions, a sign owner applying for a permit must, at the time of the application, provide written notice of the application to any adjacent property owner and to the applicable municipality.

9. The bill eliminates a provision of current law requiring DOT, within 30 days of receiving an application for a permit, to determine whether the application is complete and to return it to the applicant if incomplete.

10. The bill expands the definition of "vegetation," for purposes of the bill, to include grass. The bill also eliminates the distinction between various other types of vegetation, including "natural vegetation," "planted vegetation," and "specimen trees."