N.Y. Comp. Codes R. & Regs. tit. 17 § 134.3

Current through Register Vol. 46, No. 36, September 4, 2024

Section 134.3 - Permits

(a) Any person, institution, corporation, or other entity desiring access to the right of way of a State highway for the purposes of conducting vegetation control on such right of way so as to enhance the visibility of, an advertising sign shall first obtain a work permit from the department.

(b) Written application for such permit shall be made to the department and shall be accompanied by site plans, prepared in accordance with the criteria in section 134.6(a) of this Part, indicating the vegetation control proposed and photographs demonstrating the existing condition of vegetation in the State highway right of way that may be affected, relative to the advertising sign. Such application shall also be provided, for informational purposes, to the town, village or city in which the vegetation proposed for control is located.

(c) The department may require a meeting at the site of the proposed vegetation control or elsewhere to facilitate the department's review of a permit application under this Part.

(d) The application shall include the applicant's certification that it is the owner of the advertising sign for which the permit is sought and that such sign is in full compliance with the provisions of Part 150 of this Title.

(e) On approval of the application by the department, a work permit shall be issued stipulating the conditions under which the vegetation control may be performed.

(f) If work is performed in a manner which does not comply with the terms of a permit, or vegetation control is performed without a permit, the department may halt the work until adequate corrections have been made. Costs incurred by the department in correcting failure to comply with the provisions of this Part or a permit issued pursuant to this Part shall be borne by the permittee or entity undertaking the activity.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 134.3