La. Admin. Code tit. 70 § I-315
Current through Register Vol. 50, No. 11, November 20, 2024
Section I-315 - Guidelines for Vegetation Visibility PermitsA. General. The Department of Transportation and Development recognizes that the presence of vegetation on highway rights-of-way has a positive value for Louisiana. Trees benefit the state by mitigating the impact of the highway system, increasing soil stabilization, providing wildlife habitat, and moderating microclimate extremes. The Department of Transportation and Development endorses the preservation of existing vegetation along transportation corridors. It may become necessary to remove vegetation when maintenance and safety concerns warrant such action. The Department of Transportation and Development may consider trimming and removal of vegetation that visually impacts legally permitted outdoor advertising displays and adjacent businesses. However, not every permit request will be granted. Factors such as land use, visual screening of and from the roadway, tree species types and conditions, and public opinion will be considered before a final determination is made. All permits granted for vegetation removal will require mitigation in the form of replacement plantings. Maintenance of these planting areas will become the responsibility of the permittee. Permits will only be issued between October 15, and April 15 to promote optimum survival of replacement vegetation.B. Procedure. Requests for trimming or removal of vegetation for visibility of off-premise or on-premise advertising displays or for trimming or removal of vegetation for visibility will be made using the Vegetation Enhancement Permit Form, copies of which will be maintained in each district office. The application for a permit shall include the following: 1. state or federal highway number;2. location or distance from nearest state highway intersection to the proposed location;3. number, name of species, approximate diameter and height of existing trees which are projected for removal;4. where trees are in groups, the diameters and heights may be shown for each group as a whole; i.e., 10 oaks and pines 8" to 12" diameter, 30' to 50' high;5. approximate number and names of shrubs and vines or, if the number cannot be estimated, the distance and location along the highway from point-to-point must be shown;6. kind of work to be done-trimming, removal and replacement (replacement at a rate of two replacements to one removal, where space permits, will be required in all instances where removal of vegetation is requested). No topping of trees will be allowed;7. 8" x 10" color photographs (printed digital photographs are acceptable) taken from required locations (see Diagrams 1 and 2) clearly marked to show limits of work: a. as part of his review, the traffic operations engineer will verify the location of the display and will forward the request to the Headquarters Permits Unit with information about the display's legal status. Legal status will include available and pertinent information that should be considered, including but not limited to the following: i. Is this display under active citation?ii. Is this display subject to imminent removal?iii. Is this display illegally placed?iv. Is this display nonconforming to state beautification criteria?b. where replacement of trees is required, a plan (designed by a licensed landscape architect, at no cost to the department) will be submitted to the department for review, comments and/or approval;c. trimming and removal of trees must be performed by a bonafide bonded tree care service at no cost to the department. A licensed landscape contractor shall perform replacement to trees at no cost to the department. The permit shall contain a warranty clause wherein the permittee agrees to maintain, remove and replace any trimmed or replacement tree or vegetation not living or seriously damaged for the life of the permit;d. the value of the trees removed shall be determined by a forester and that value shall be remitted to the department as required by Act 308 of the 2004 Regular Session of the Louisiana Legislature (R.S. 48:282);e. visibility improvement will not be undertaken in any of the following instances: i. the clearing or trimming is requested to provide visibility for outdoor advertising prior to, or during display placement, or where the display has been in place less than five calendar years;ii. the display is illegally placed;iii. the display is currently under contract with the state to be removed or it will be removed within one year;iv. the display is on state property;v. a right-of-way taking is imminent within one year;vi. vegetation work is planned by the department or other parties where construction on a proposed highway project is imminent within two years;vii. the trees or other vegetation to be trimmed, selectively removed or removed and replaced are a distance greater than 500 feet, measured along the highway from the display;viii. the clearing or trimming is requested to provide visual access to a site before the proposed development has begun;ix. the clearing or trimming requested to provide visual access to a site would expose an objectionable view and would not be in the best interest of the traveling public (i.e., maintenance area, loading dock, etc.);x. the clearing or trimming requested to provide visual access to a site would expose the traveling public to oncoming headlights from an existing or proposed road; orxi. clearing and reforestation work is planned by the department;f. access to the work area shall be from private property or frontage road side and not from the main roadway or ramps. Where this is not practical the permittee shall conduct his operation in accordance with DOTD Maintenance Standards, including appropriate traffic control devices. The area shall be restored to original condition upon completion of the work;g. drainage shall not be impeded;h. work will be performed only during regular daylight hours, during which the Department of Transportation and Development is open, Monday through Friday excluding legal holidays. When a lane closure on a state highway is necessary, the department shall ensure, whenever feasible, that such landscaping or maintenance work is not performed between the hours of 7 a.m. and 9 a.m. nor between the hours of 3 p.m. and 6 p.m.;i. vegetation which has been cut will not be left overnight within 30 feet of the travel land or within the highway right-of-way, whichever is less. No more vegetation will be cut down than can be cleaned up and removed by the end of the work the following day. No debris will be left over a weekend or holiday. No burning will be permitted on the highway right-of-way. Stumps shall be cut or ground flush with the ground and treated with an EPA and department-approved herbicide immediately after the stump is cut;j. work shall not interfere with traffic on the roadway or shoulder at anytime. Parking of vehicles or roadway or shoulder shall not be permitted. All loading, hauling, or other work associated with the permit will be conducted across adjacent property. Appropriate warning signs shall be placed by the permittee in advance of the work area in accordance with the current edition of Part VI of the Manual on Uniform Traffic Control Devices (MUTCD)-Standards and Guides for Traffic Controls for Streets and Highway Construction, Maintenance, Utility and Incidental Maintenance Operations;k. the vegetation control area will not extend more that 500 feet along the highway from the viewable face(s) of the advertising device and cleared to and along the line of sight; andl. where operations are conducted in an unsatisfactory manner or for any other cause, the department may revoke the permit and any future permitting will be withheld until the unsatisfactory condition has been corrected.La. Admin. Code tit. 70, § I-315
Promulgated by the Department of Transportation and Development, LR 17:204 (February 1991), amended by the Department of Transportation and Development, Office of Highways/Engineering, LR 26:1674 (August 2000), LR 31:104 (January 2005).AUTHORITY NOTE: Promulgated in accordance with R.S. 47:820, et seq.