Bill Summary for S 183 (2011-2012)

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Summary date: 

Jun 14 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 183 (Public) Filed Wednesday, March 2, 2011
TO ESTABLISH CERTAIN STATUTORY STANDARDS FOR SELECTIVE VEGETATION REMOVAL WITHIN THE RIGHTS-OF-WAY OF THE STATE HIGHWAY SYSTEM AND FOR THE ERECTION OF OUTDOOR ADVERTISING.
Intro. by Brown.

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Bill 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.