Bill Summary for H 578 (2017-2018)

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Summary date: 

Apr 6 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 578 (Public) Filed Wednesday, April 5, 2017
AN ACT TO INCREASE SELECTIVE VEGETATION REMOVAL PERMIT FEES AND TO CLARIFY STANDARDS FOR SELECTIVE VEGETATION REMOVAL.
Intro. by Lewis, Saine, Goodman, Hanes.

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Bill summary

Amends GS 136-18.7 to provide that the fee for a selective vegetation removal permit pursuant to Article 11 for an outdoor advertising location is $600 for the initial three-year period listed in GS 136-133.4, and $200 for any subsequent three-year renewal period. Applies to applications for permits received on or after the date the act becomes law.

Amends GS 136-93.2 to establish that the monetary value for existing trees removed and eligible for reimbursement to the Department of Transportation as provided in GS 136-93 or GS 136-133.1 from State rights-of-way is $45 per caliper inch (currently, details process for the Department to determine the monetary value on an annual basis). Applies to trees removed on or after the date the act becomes law. 

Amends Article 11 of GS Chapter 136, the Outdoor Advertising Control Act, as follows.

Adds to the definitions that apply to the Article, set out in GS 136-128. Adds the terms cross read face, direct read face, and viewing edge of the sign. Makes further technical changes to the statute.

Amends GS 136-133.1 (Outdoor advertising vegetation cutting or removal). Subsection (a) provides that the owner of an outdoor advertising sign permitted under GS 136‑129(4) or GS 136‑129(5) (technical change to statutory references) who obtains a selective vegetation removal permit, and the owner's designees, may cut, thin, prune, or remove vegetation in accordance with this statute, GS 136‑93(b), GS 136‑133.2, and GS 136‑133.4. Amends and adds to the parameters set forth to determine the maximum cut or removal zone for vegetation for each sign face. Amends subsection (a1) to provide for the owner of an outdoor advertising sign who is a selective vegetation removal permittee to be permitted to cut or remove vegetation on private property within the zones marked by specified points with the written permission of the land owner, and the Department of Transportation, at the request of a selective vegetation removal permittee, to approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone defined in subsection (a) or within gores, medians, or other areas of the primary highway system (was, along acceleration or deceleration ramps) so long as the view to the outdoor advertising sign will be improved and the safety of the traveling public is protected (was, and the total aggregate area of cutting or removal does not exceed the maximum allowed in subsection (a) of this section). Amends subsection (b) to clarify that native dogwoods and native redbuds are to be preserved, to the extent possible. Permits a selective vegetation removal permittee to relocate, and replace if necessary, any native dogwoods or native redbuds existing within the cut or removal zone established in subsection (a) to a location within 2,500 feet on either side of the outdoor advertising structure, as measured along the edge of the pavement of the main travel way of the nearest controlled route. Further provides that if a native dogwood or native redbud cannot be preserved during relocation, a selective vegetation removal permittee is required to replace the native dogwood or native redbud with native dogwoods or native redbuds of the same cumulative caliper inches.

Amends GS 136-133.2 (Issuance or denial of a selective vegetation removal permit) to place existing language into new subsection (a). Adds new subsection (b) to allow permits to remove vegetation to be granted for outdoor advertising locations (1) where outdoor advertising has been relocated as allowed by law and (2) that otherwise comply with the requirements of the statute and rules adopted by the Department of Transportation in accordance with the statute. Makes conforming change to existing language.

Amends GS 136-133.4 (Selective vegetation removal permits) to increase the time for which selective vegetation removal permits are valid to three years (currently, one year). Amends subsection (d) to provide that except for authorized chips or when the Department of Transportation and the permittee or the permittee's agent agree in writing to the contrary, all cut vegetation is required to be removed from the right‑of‑way and disposed of in areas provided by the permittee within 72 hours after commencement of the event that necessitated cutting the vegetation (currently, there is no time requirement). Prohibits the burning or burying of cut vegetation (currently, trimmings, laps, or debris) on the highway right‑of‑way. Provides that when chipping is used to dispose of cut vegetation (currently, trimmings), chips can be neatly spread on a right‑of‑way at locations which the Department of Transportation determines will not be harmful to the environment or affect traffic safety. Applies to applications for permits received on or after the date the act becomes law.

Directs the Department of Transportation to adopt rules to implement the provisions of the act no later than six months after the effective date of the act. Sets forth the procedure the Department is to use to adopt the rules, including having the proposed rule published, accepting written comments on the proposed rule, and holding a public hearing on the proposed rule prior to adoption. Provides that a rule adopted in accordance with this provision becomes effective on the first day of the month following the month the Department of Transportation adopts the rule and submits the rule to the Codifier of Rules for entry into the NC Administrative Code. Any rule adopted more than six months after the effective date of this act must comply with the requirement of Article 2A of GS Chapter 150B.

Makes any rule or policy adopted by the Department that does not comply with with this act null and void.

Provides a severability clause.