SB 219

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. With limited exceptions, DOT issues

permits to sign owners for the trimming or removal of vegetation in the highway

right-of-way if, for a distance of 500 continuous feet within the 1,000-foot distance

motorists travel immediately before reaching the sign, the vegetation obstructs the

view of any portion of the face of the sign. A permit authorizes the sign owner, or a

third-party contractor employed by the sign owner, to trim or remove obstructing

vegetation to the extent necessary to eliminate the obstruction and restore an

unobstructed view of the sign for a distance of 500 continuous feet along the highway.

A permit must specify the vegetation or the portion of the highway right-of-way to

which the permit applies. 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.

This bill eliminates the requirement that a permittee that removes vegetation

with a diameter of four inches or more must plant replacement vegetation. Instead,

the bill requires the permittee to compensate DOT $140, adjusted annually for

inflation, for each tree removed that has a diameter of four inches or more. The