Ala. Admin. Code r. 450-10-1-.10
Current through Register Vol. 43, No. 1, October 31, 2024
Section 450-10-1-.10 - Selective Vegetation Control To Retain Outdoor Advertising Display Visibility(1) Minor trimming of trees, shrubs, vegetation and other plant life on highway right-of-way for the purpose of retaining visibility of legal, permitted outdoor advertising signs and select non-conforming signs will be allowed under strict compliance with the following conditions: 1. The trimming or cutting must not adversely affect the aesthetics of the right-of-way.2. No vegetation shall be trimmed or cut that is in place as a result of a Federal Air landscape project.3. All cut vegetation shall be removed from the highway right-of-way by the applicant.4. Access to sites adjacent to Interstate and other controlled access highways must be gained without using the main travel way of the highway.5. Trimming or cutting at legal permitted signs will be allowed only at locations where the advertising sign installation preceded the obscuring growth. Trimming or cutting shall not be used to provide visibility where none existed or exists at a proposed sign location. Only maximum trimming or cutting necessary to retain the sight distance and visibility that existed at the time of the erection of the legal permitted advertising sign will be allowed. In no case will trimming be allowed further than 500 feet in advance of the sign, measured parallel to the roadway along the nearest edge of pavement.6. Trimming of vegetation at legal non-conforming signs will be allowed at signs where it is determined by the Department that no damage to the natural aesthetics of the roadside will be incurred. In no case will trimming be allowed further than 3 00 feet in advance of the sign for legal non-conforming signs before the Highway Beautification Act of 1972, measured parallel to the roadway along the nearest edge of pavement. In no case will trimming be allowed further than 500 feet in advance of the sign for legal non-conforming signs after the Highway Beautification Act of 1972, measured parallel to the roadway along the nearest edge of pavement.7. No trimming will be allowed within the median areas of divided highways.8. The applicant will indemnify and save harmless the Alabama Department of Transportation from any actions resulting from the applicant's operation or the agent's operation.9. Applications to trim or cut vegetation on the right-of-way shall be made by letter to the appropriate Transportation Department District Manager. The letter must contain detailed, specific information about the proposed cutting and a clause to satisfy the provision of Rule No. 8 listed above. The District Manager shall forward the letter along with his recommendation to the Division Engineer. The Division Engineer will notify the applicant in writing of his decision relevant to the application. If the application is approved the applicant shall notify the District Manager at least forty-eight (48) hours in advance of any trimming or cutting and not later than forty-eight (48) hours after trimming or cutting is complete. A separate application will be required for each sign and for each time trimming or cutting is proposed for a particular sign.10. Failure of an applicant to adhere to these stipulations faithfully in any one instance will be grounds to deny future consideration to that applicant and grounds to revoke the outdoor advertising sign permit for the site involved.11. Cutting of vegetation not approved by ALDOT will be presumed to be done by the sign-owner until proven otherwise. Such cutting will result in the permit for the sign being revoked and the sign being removed at the sign-owner's expense. Any clean-up necessary for the cutting of vegetation not approved by ALDOT will be at the sign-owner's expense.12. Poisoning of vegetation is prohibited. No use of herbicides is allowed.13. The section in no way precludes any rights of the sign owner granted under the Alabama Constitution of 1901 and the State of Alabama.Ala. Admin. Code r. 450-10-1-.10
New Rule: Filed April 18, 2008; Re-Filed May 19, 2008 after withdrawal for minor modifications per approval from JCARR; effective June 23, 2008.Author: Maintenance Bureau
Statutory Authority:Code of Ala. 1975, §§ 23-1-59, 23-1-273, 23-1-274, 23-1-275, 23-1-278, 23-1-286.