AN ACT TO ESTABLISH CERTAIN STATUTORY STANDARDS FOR SELECTIVE VEGETATION REMOVAL WITHIN THE RIGHTS-OF-WAY OF THE STATE HIGHWAY SYSTEM. Summarized in Daily Bulletin 3/2/11, 4/28/11, 5/19/11, 5/24/11, 6/8/11, 6/14/11, and 6/17/11. Enacted July 18, 2011. Sections 10 and 11 are effective July 18, 2011. The remainder is effective September 1, 2011.
Bill Summaries: S 183 SELECTIVE VEGETATION REMOVAL/STATE HIGHWAYS.
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Tracking:
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Summary date: Jul 24 2011 - View Summary
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Bill S 183 (2011-2012)Summary date: Jun 17 2011 - View Summary
Conference report recommends the following changes to 5th edition, as amended, to reconcile matters in controversy. Deletes all changes made by House amendment, adopted on June 14, 2011. Deletes provision prohibiting local governments from regulating vegetation cutting, trimming, pruning, or removal within the limits of interstate or primary highway rights-of-way. Makes a clarifying change. Amends proposed GS 136-133.2 by removing all provisions concerning the criteria that, if found by the Department, requires the Department to deny a permit to remove vegetation. Changes the effective date of the act from October 1, 2011, to September 1, 2011 (unless otherwise specified in the act), and applies to permit applications or renewals submitted on or after that date and to offenses occurring on or after that date.
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Bill S 183 (2011-2012)Summary date: Jun 14 2011 - View Summary
House amendment makes the following changes to 5th edition. Amends GS 136-93(d) to (1) specify that a municipality has thirty days to review and provide comments (was, nonbinding comments) on the application under certain circumstances and (2) delete provision prohibiting local governments from regulating vegetation cutting, trimming, pruning, or removal within the limits of interstate or primary highway rights-of-way by any permittee or other person authorized by the Department of Transportation.
Amends proposed GS 136-133(c) to specify that outdoor advertising signs must also comply with local government requirements.
Amends proposed GS 136-133.1(a) to modify certain maximum cut or removal zones for vegetation for each sign face.
Amends proposed GS 136-133.1(b) to specify that any existing tree that was in existence at the time that an outdoor advertising structure was erected is not eligible for removal.
Deletes proposed GS 136-133.1(d).
Amends proposed GS 136-133.1(e) to specify that removal of trees and vegetation eligible for removal under GS 136-133.1, except for native dogwoods and native redbuds, must be permitted within the cut or removal zone if the applicant for the selective vegetation removal permit agrees to submit to the Department of Transportation a plan for beautification and replanting related to the site for which the vegetation permit request is made.
Amends proposed GS 136-133.1(g) to specify that the distance from a controlled access fence within the limits of the highway right-of-way may be no more than three feet.
Amends proposed GS 136-133.1(i) to authorize the Department of Transportation to revoke an outdoor advertising permit for the unlawful destruction or illegal cutting of vegetation within the right of way of any state-owned or state-maintained highway where the unlawful destruction or illegal cutting occurred within 500 feet of either side of the corresponding sign location measured along the edge of pavement of the main travel way of the nearest controlled route, and the unlawful destruction created, increased, or improved the view of the outdoor advertising sign for passing motorists.
Amends proposed GS 136-133.5(a) to allow a district engineer to refuse to issue a permit for a proposed outdoor advertising structure if the structure does not also meet local government standards.
Adds new GS 136-133.5(h) to allow for local government regulation of outdoor advertising except as otherwise specified in the act.
Deletes proposed amendments to GS 136-127.
Makes other technical and conforming changes.
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Bill S 183 (2011-2012)Summary date: Jun 8 2011 - View Summary
House committee substitute makes the following changes to 4th edition. Deletes amendments to GS 136-18.7 and 163-133, which set out fee and permit provisions in previous edition, and makes conforming changes. Clarifies that the Department of Transportation must reveal some (rather than substantial material) evidence that the unlawful destruction or illegal cutting would improve a view to a sign. Makes minor clarifying changes.
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Bill S 183 (2011-2012)Summary date: May 24 2011 - View Summary
Senate amendment makes the following changes to 3rd edition.
Amends GS 136-18.7 to add that the fee for certain selective vegetation removal permits may be used for the costs of administering the permit process and for highway beautification planting. Amends GS 136-133, clarifying that the fee for outdoor advertising structures must not exceed a $150 initial fee and a $60 annual renewal fee (was, $90 annual renewal fee). Deletes requirement that $30 of each fee be used for highway beautification projects. Amends proposed GS 136-133.1(e) to specify that the complete removal of any trees, except for native dogwoods and native redbuds, and all other vegetation will be permitted in the specified cut and removal zone if the applicant submits a plan for beautification and replanting at the relevant site. Directs the Department of Transportation (DOT) to develop rules for compensatory replanting, as indicated. Provides additional details on replanting. Specifies that the $400 fee for a selective vegetation permit imposed under GS 136-18.7 is nonrecurring for sites at which the applicant implements an approved replanting plan. Amends proposed GS 136-133.5(c), requiring the DOT to reveal substantial, material evidence (was, some evidence) that the unlawful destruction or illegal cutting would create, increase, or improve a view to a proposed outdoor advertising sign from the main traveled way of the nearest controlled route before denying a permit. Adds a section to make conforming changes to GS 136-127. Directs DOT to adopt temporary rules to administer the act, effective when the act becomes law. Makes other clarifying and conforming changes.
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Bill S 183 (2011-2012)Summary date: May 19 2011 - View Summary
Senate committee substitute makes the following changes to 2nd edition.
Amends proposed GS 136-133.2(b), adding that any beautification or environmental projects, or any plantings in conjunction with a designed noise barrier, that were planted after the erection of the outdoor advertising sign but before May 1, 2011, as specified, will not be eligible for removal. Makes other organizational changes.
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Bill S 183 (2011-2012)Summary date: Apr 28 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Removes section amending GS 136-129, which concerned electronic billboards. Amends GS 136-133, which concerns required permits, to specify that the fee for outdoor advertising structures must not exceed a $150 (currently, $120) initial fee and a $90 annual renewal fee. Provides that $30 of each initial and annual fee will be used for highway beautification projects. Prohibits the use of additional funds from the Highway Trust Fund for vegetation replacement. Enacts new subsection (c) to GS 136-133, providing that no electrical utility permit will be denied to an outdoor advertising sign, as described, if the Department of Transportation (DOT) has issued a permit and the sign is valid and otherwise technically compliant. Amends proposed GS 136-133.1(a)(5), clarifying that the maximum cut or removal zone for vegetation for each sign face must meet certain specifications within city limits. Amends proposed GS 136-133.4(c), clarifying that DOT will determine traffic control signage (rather than the division roadside environmental engineer). Makes other clarifying and conforming changes, and makes a conforming change to the title.
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Bill S 183 (2011-2012)Summary date: Mar 2 2011 - View Summary
Amends various provisions of GS Chapter 136 for purposes as indicated in the title.
Raises the fee for a vegetation removal permit from $200 to $400 per site and specifies that the fee is nonrefundable. Prohibits, except as specified in new GS 136-133.1(f), planting, cutting, trimming, removing, or pruning any tree, shrub, or underbrush in or on any right-of-way of a state road or highway without a written selective vegetation removal permit issued under proposed GS 136-133.2 and in accordance with the rules of the Department of Transportation (DOT). Requires that the owner of an outdoor advertising sign or of a business facility make the request for a permit for selective vegetation removal to the appropriate roadside environmental engineer in the Division of Highways office on a form required by the DOT. Provides that a permit may not be issued to provide visibility to on-premise signs. Provides that if the site is inside city limits, the municipality has 30 days to review and provide nonbinding comments on the application if the municipality has met certain requirements. Prohibits local governments from regulating removal of vegetation within the limits of interstate or primary highway rights-of-way by any permit holder or anyone otherwise authorized by the DOT.
Amends GS 136-129 to specify limitations and regulations of the erection of outdoor advertising devices. Provides that billboards outside city boundaries must be at least 500 feet apart and that fees under this section are limited to $150 for the initial fee and $90 for the annual renewal, with $30 of each fee to be used for highway beautification. Allows automatic changeable facing signs if specified conditions are met. Prohibits denial of electrical utility permits to an outdoor advertising sign for which a valid permit has been issued.
Enacts new GS 136-133.1 to specify the zone around billboards in which clearing is allowed. Defines an existing tree as one that is four inches or greater in diameter as measured six inches from the ground at the time that the outdoor advertising structure was erected. Provides limitations as to when existing trees may be removed. Provides an exception to permit the owner of an outdoor advertising sign or the owner’s designee to clear vegetation without a permit providing that the owner or owner’s designee is working only from the private property side of a controlled access fence with the landowner’s consent. Requires that native dogwoods and native rosebuds be preserved. Requires the applicant for a selective vegetation removal permit to submit a site plan showing any existing trees that the applicant is requesting to cut, thin, prune, or remove. Includes additional requirements that the applicant provide data identifying the species and size of the trees in the site plan. Provides circumstances under which the DOT may revoke an advertising permit for the removal or modification of vegetation.
Enacts new GS 136-133.2 to provide that permits to remove vegetation may only be granted for outdoor advertising locations that have been permitted for at least two years and at the discretion of the DOT. Requires the application for a permit to be decided within 30 days, with the DOT to specify in writing the reasons for denial. Sets out permissible bases for denial. Enacts new GS 136-133.3 to provide the procedure for appeal of the DOT’s denial of a permit for selective vegetation removal to the Secretary of Transportation, and provides for judicial review of a final agency decision.
Enacts new GS 136-133.4 and GS 136-133.5 to specify standards for clearing around billboards, methods of clearing and responsibility for damage. Provides that a willful failure to substantially comply with all the requirements specified in the selective vegetation removal permit results in (1) a five-year moratorium on clearing, (2) revocation of a billboard permit for violation of standards, (3) payment of investigative costs, and (4) forfeiture of applicable performance bond. GS 136-133.5 provides additional criteria for denial of a permit for proposed outdoor advertising.
The act is effective October 1, 2011, and applies to permits, applications, or renewals submitted on or after that date and to offenses occurring on or after that date.