SB 490

Under current law, the Department of Transportation (DOT) is responsible for

maintenance of the highway right-of-way on highways that, for maintenance

purposes, are under its jurisdiction, which are generally state trunk highways

(including interstate highways) but do not include connecting highways. DOT must

provide for the care and protection of trees and other roadside vegetation. DOT must

also cut, trim, or remove, or allow others to cut, trim, or remove, trees and other

vegetation in order to provide safety to highway users. Current law generally

prohibits a person from cutting, trimming, removing, or planting a tree or other

vegetation within the right-of-way of a state trunk highway without DOT's consent.

The federal Highway Beautification Act requires states to restrict advertising

along interstate and federal-aid primary highways, which includes state trunk

highways and connecting highways, and current state law incorporates these

requirements. Current law prohibits, with certain exceptions, the erection or

maintenance of outdoor advertising signs (signs) within 660 feet of, or beyond 660

feet but visible (and erected for the purpose of being visible) from, the main-traveled

way of an interstate or federal-aid primary highway. Exceptions to this prohibition

include, with some restrictions, signs advertising activities conducted on the

property on which the signs are located; signs located beyond 660 feet of the highway

in urban areas; and signs located within 660 feet of the highway in certain business,

industrial, or commercial areas.

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