19A N.C. Admin. Code 2E.0601

Current through Register Vol. 39, No. 11, December 2, 2024

Section 02E .0601 - SELECTIVE VEGETATION REMOVAL PERMIT REQUIRED TO REMOVE VEGETATION FROM STATE HIGHWAY RIGHT-OF-WAY

Selective cutting, thinning, pruning, or removal of vegetation within highway rights-of-way may be permitted only for opening views to business facilities and legally erected forms of outdoor advertising that are located adjacent to State highway rights-of-way, as described in G.S. 136-93(b). For purposes of selective vegetation removal permitting, "business facilities," hereinafter referred to as "facilities," are defined as office, institutional, commercial, and industrial buildings. In accordance with G.S. 136-93.3, agritourism activities, as defined in G.S. 99E-30, are considered facilities under this Section. The following requirements apply to facilities under this Section:

(1) all facilities, except for agritourism activities, shall include at least one permanent structural building;

(2) the building shall have all required local and State permits, be related to the facility's function, and be open and operational on a year-round basis; and

(3) any cutting, thinning, pruning, or removal of vegetation allowed pursuant to G.S. 136-93(b) shall be performed by the permittee or his or her agent at no cost to the Department of Transportation and shall comply with this Section.

19A N.C. Admin. Code 02E .0601

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93(b); 136-93.3;
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;
Eff. June 1, 1982;
Amended Eff. January 1, 2015; November 1, 2012; June 2, 1982;
Readopted Eff. June 1, 2020.

Authority G.S. 136-18(5); 136-18(7); 136-18(9);
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;
Eff. June 1, 1982;
Amended Eff. November 1, 2012; June 2, 1982.

Amended by North Carolina Register Volume 29, Issue 15, February 2, 2015 effective 1/1/2015.

Readopted by North Carolina Register Volume 35, Issue 01, July 1, 2020 effective 6/1/2020.