Rule 672-14-.03 - Application for a Vegetation Management Permit(1) Any person, firm, or corporation with a conforming or nonconforming sign that has been legally permitted and erected, and maintained adjacent to the rights-of-way of the Interstate and Primary Highway Systems, may apply for a vegetation management permit for relief from a screened view.(2) All applications, and the renewal thereof, shall be made by the person, firm or corporation holding the permit for the subject outdoor advertising sign and structure on forms prescribed by the Department. Advice, necessary forms and assistance may be obtained from the General Office or a District Office of the Department.(3) Application(s) shall be submitted to the local District Outdoor Advertising Agent or designee in the Department.(4) No person or entity may cut, trim, or remove trees, shrubs, or herbaceous plants on public rights of way to make visible or to ensure future visibility of an outdoor advertising sign without first obtaining a Permit for Vegetation Management at Outdoor Advertising Sign(s).(5) No person or entity may cut, trim, or remove trees, shrubs, or herbaceous plants on public rights of way to make visible or to ensure future visibility of an outdoor advertising sign within areas of a viewing zone containing wetlands or buffers of state waters notwithstanding any provision of the Georgia Erosion and Sedimentation Act (O.C.G.A. § 12-7-3, et. seq.) and the Georgia Coastal Marshlands Act (O.C.G.A. § 12-5-280, et seq.).(6) Ground restoration in disturbed areas on both mowable and non-mowable slopes where there is any vegetation management activity requires permanent grassing as a vegetative measure for an erosion control best management practice for slope stabilization, according to the Georgia Erosion and Sedimentation Act (O.C.G.A. § 12-7-3, et. seq.).(7) The application shall contain at a minimum:(a) The name, address, email address, and telephone number of the applicant, the name of the property owner, the Department sign permit number, and the notarized signature of the applicant's authorized representative. It shall also contain the height of the sign as measured from the base of the sign or crown of the adjacent roadway (whichever is greater),(b) Evidence of the payment of a bond with sureties acceptable to the Department to run concurrently with the permit and the lowering of the sign if applicable.(c) A copy of a W-9 that matches the name and address provided on the application.(8) Proof of liability insurance as required.(9) No Permit for Vegetation Management at Outdoor Advertising Signs will be issued:(a) For applications that are incomplete.(b) Notwithstanding any provision of the Georgia Outdoor Advertising Control Act to the contrary, to cut, trim, or remove trees, shrubs, or herbaceous plants that are protected by federal or state law.(c) To remove trees, shrubs, or herbaceous plants where such trees or other vegetation are determined by the Department's Landscape Architect Manager or designee to be part of a permitted beautification project planted prior to the vegetation management permit. Permitted beautification projects are:
(1) where the beautification project is specifically identified in the Department's construction or landscape plans; or(2) permitted landscape projects pursuant to special encroachment permits; or(3) permitted landscape projects pursuant to written agreements with third parties which identify the project or vegetation to be planted; or(4) vegetation which was planted by the Department; or(5) any other project that is determined by the Department's Landscape Architect Manager, based on the totality of the circumstances, to have been planted with Departmental approval but which plans or documents may no longer be available.(d) To remove trees determined by the Department to be landmark, historic, or specimen trees.(e) For outdoor advertising signs permitted or assigned a working number by the Department after December 31, 2010, for a period of five years from the date a new sign is permitted so as to ensure that no vegetation maintenance permits are issued for the purpose of creating new outdoor advertising signs.(f) For any application which does not conform to the provisions of O.C.G.A. § 32-6-70,et seq.(g) For any signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, unless the sign owner agrees to reduce the height of the sign.(h) For any person, firm, or entity which the Department determines is maintaining or is allowing to be maintained any abandoned sign or signs within the State of Georgia.(10) The initial Permit for Vegetation Management at Outdoor Advertising Sign is valid for the term of one (1) year in accordance with the approved Vegetation Management Plan.Ga. Comp. R. & Regs. R. 672-14-.03
O.C.G.A. Secs. 32-2-2, 32-6-90, 50-13-4.
Original Rule entitled "Application for a Vegetation Management Permit" adopted. F. Nov. 20, 1998; eff. Dec. 10, 1998.Repealed: New Rule of same title adopted. F. May 5, 2004; eff. May 25, 2004.Amended: F. Mar. 19, 2012; eff. Apr. 8, 2012.