Arkansas Administrative Code › Agency 001 - ARKANSAS DEPARTMENT OF TRANSPORTATION › Rule 001.00.17-002 - Restore Sign Visibility Policy (RSVP)

Current through Register Vol. 49, No. 6, June, 2024
VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING
			 SIGNS
1.0.
PURPOSE
The purpose of this policy is to establish procedures whereby
			 sign owners may obtain permits from the Arkansas State Highway and
			 Transportation Department (AHTD) to restore the visibility to their signs from
			 adjacent State Highways controlled pursuant to the Regulations for the Control
			 of Outdoor Advertising.
2.0.
DEFINITIONS
2.1.
Certified Arborist
is a
		  specialist in the care and maintenance of trees who possesses an active
		  Arborist Certificate from the International Society of Arboriculture.
2.2.
Class A Permit
is a permit
		  for a sign that met all applicable laws and regulations at the time of
		  issuance.
2.3.
Class B
		  Permit
is a permit for a sign that met all applicable laws and
		  regulations at the time of construction, but no longer complies with applicable
		  laws and regulations, or a sign that existed prior to the adoption of the
		  Regulations for Control of Outdoor Advertising. These signs were
		  "grandfathered" in.
2.4.
Conforming Sign
is a lawfully erected sign that complies with all
		  current local and State laws and regulations pertaining to the erection and
		  maintenance of signs, regardless of whether the sign has a Class A or Class B
		  permit. A conforming sign normally has a Class A permit.
2.5.
Illegal Sign
is a sign that
		  was erected, or is being maintained, in violation of local or State law or
		  regulations pertaining to the erection and maintenance of signs, and which does
		  not qualify as a legal nonconforming sign.
2.6.
Landscaping Mitigation
is
		  the planting of new vegetation to offset damage resulting from removal of
		  existing vegetation, as it relates to erosion control or aesthetics. For
		  example, removal of brush, honeysuckle, or thickets may result in slopes that
		  will erode. AHTD may require the planting of grass or other ground cover to
		  minimize damage.
2.7.
Legal
		  Nonconforming Sign
is a lawfully erected sign that no longer complies
		  with all current State laws and regulations pertaining to the erection and
		  maintenance of signs, regardless of whether the sign has a Class A or Class B
		  permit. A legal nonconforming sign normally has a Class B permit.
2.8.
Off-premise Sign
is a sign
		  advertising those products or services not available at the sign
		  site.
2.9.
On-premise
		  Sign
is a sign advertising those products or services available at the
		  sign site, including "for sale" or "for lease" signs located at the property
		  they advertise.
2.10.
Vegetation Control
is the mowing, bush hogging, cutting, trimming,
		  pruning, and/or selective removal of vegetation on State Highway rights of
		  way.
3.0.
POLICY
It is the policy of the AHTD to allow, by Restore Sign Visibility
			 Policy (RSVP) permits, the mowing, bush hogging, cutting, trimming, pruning,
			 and/or selective removal of vegetation on State Highway rights of way to
			 restore the visibility of signs from State Highways where such visibility has
			 been diminished from the original erection of the signs. This policy applies to
			 the visibility of legal, off-premise signs, both conforming and nonconforming,
			 and not to illegal signs. RSVP permits will not be issued in relation to
			 illegal signs, for signs erected with limited visibility, or to sign owners
			 with other illegal or abandoned signs.
3.1. RSVP permits authorize vegetation
		  control only on that portion of State Highway right of way that abuts the tract
		  of land on which the Permittee's sign is located and/or abuts tracts where
		  owners agree to such control.
3.2.
		  RSVP permits shall only be considered for legal, currently permitted signs that
		  have had a valid permit for the last two (2) consecutive years.
3.3. RSVP permits must be obtained for each
		  sign location at which vegetation control will occur and the RSVP permit will
		  be tied to the relevant sign permit, and must be renewed in a four-year cycle
		  in July of even numbered years.
3.4. The vegetation control area shall not
		  exceed more than 500 feet as measured from the viewable face(s) of the
		  advertising device. Permits will be issued based on 100 foot increments. The
		  distance will be measured along the nearest edge of the pavement between the
		  sign and the specified distance. Signs with back to back messages may be issued
		  a permit for vegetation control for a total of 1,000 feet (500 feet in each
		  direction), but under no circumstances will the designated area exceed 500 feet
		  in one direction.
3.5. RSVP permits
		  authorize vegetation control only in accordance with accepted landscaping and
		  horticultural principles. All work will be performed in a professional manner,
		  and cuttings and other debris are to be removed at the time the work is
		  performed. Trees that cannot be mowed or bush hogged may be trimmed or pruned
		  provided the work will not permanently damage or destroy the trees, or weaken
		  the condition of the trees so that they are susceptible to disease or insect
		  infestation. In these cases, mitigating landscaping may be required to
		  compensate for the tree removal. In no case will historic trees, landmark
		  trees, or trees of significant landscaping or aesthetic value be removed,
		  including trees that were planted as a part of a public or private highway
		  beautification or transportation enhancement project. RSVP permits may
		  authorize the removal of dead, diseased, or any other trees designated by
		  AHTD.
3.6. If a sign owner desires
		  to restore visibility to a sign in front of an adjacent land owner not
		  associated with the sign, written approval from the adjacent landowner must be
		  obtained before an RSVP permit will be issued.
3.7. Access to sites adjacent to Interstate
		  and other controlled access highways must be gained without using the main
		  travelway of the highway. If access to the site is restricted by a fence, then
		  a gate may be requested to provide access for right of way mowing only. Gates
		  will only be permitted after the AHTD notifies the Federal Highway
		  Administration and receives concurrence. Cutting fences and leaving openings is
		  not allowed, nor is the destruction of AHTD fences. Any gate installed shall
		  remain locked when the vegetation control activity is not underway. The gate
		  shall not be used for routine billboard maintenance such as changing sign
		  messages. When using gates for sign maintenance or roadway access, leaving the
		  gate unlocked and unattended, or if AHTD fencing is damaged, will result in a
		  $200 fine each time a gate is found unlocked and unattended or the fencing is
		  found damaged and the company does not correct it within 24 hours of being
		  notified by AHTD.
3.8. Vegetation
		  control at legal, permitted signs will be allowed only at locations where the
		  advertising sign installation preceded the obscuring growth. Vegetation control
		  shall not be used to provide visibility where none existed at the time the sign
		  was erected or where no visibility exists at a proposed sign location. Only
		  minimum vegetation control necessary to retain visibility will be
		  allowed.
3.9. Vegetation control
		  will not be allowed at any legal signs that are within 500 feet of National
		  Parks; State Parks; County Parks or City Parks; Wildlife Management Areas; or
		  cemeteries.
3.10. The AHTD will
		  grant an RSVP permit for a legal, nonconforming sign located within the city
		  limits of a municipality when the sign meets all State requirements but has
		  become nonconforming only because of city or county zoning or sign code changes
		  since the erection of the sign.
3.11. At locations which have no
		  State-erected barrier between the State Highway right of way and the adjacent
		  property and where mowing has previously been allowed by business owners or
		  sign owners without an RSVP permit, mowing will be allowed to continue without
		  an RSVP permit.
3.12. No vegetation
		  control will be allowed within median areas of divided highways.
3.13. Trees having an outside bark diameter
		  of more than ten (10) inches, measured one foot above ground level, shall not
		  be removed, nor shall any limbs with an outside bark diameter of more than ten
		  (10) inches be removed. Dead, diseased, or any other trees designated by AHTD,
		  as noted in Paragraph 3.5, may be removed if specified in the RSVP
		  permit.
3.14. Vegetation control
		  should not leave large, open spaces in the general outline of the tree. Shaping
		  of trees over ten (10) inches to the extent practical may be allowed to control
		  and direct the growth in a manner consistent with the remaining vegetation of
		  the adjacent areas along the highway right of way. Shaping of trees shall only
		  be allowed if performed under the direction of, or as prescribed in a plan
		  design by a certified arborist. The general outline of the tree should not be
		  changed if trimmed in accordance with this policy.
3.15. No topping of trees will be
		  allowed,
3.16. RSVP permits granted
		  for vegetation removal may require landscaping mitigation in the form of
		  replacement plantings. If an applicant removes vegetation and the result is
		  that a nonconforming junkyard or unsightly area also becomes visible, AHTD may
		  also require planting of smaller trees or vegetation of a sufficient height to
		  screen the area. Landscaping mitigation requirements are to be determined by
		  AHTD. The initial cost and maintenance of these plantings shall be the
		  responsibility of the Permittee.
3.17. Stumps shall be cut or ground flush
		  with the ground and may be treated with an EPA-approved herbicide after the
		  stump is cut. Only the stumps are to be treated. The use of herbicides or
		  chemicals on the grass or ground cover is not allowed.
3.18. All mowing or cutting must be
		  accomplished with hand tools, wheeled machinery, or rubber tracked machines not
		  exceeding three (3) tons. No steel track equipped machines are allowed. Grass
		  and weeds may be mowed, but surface growth of at least four (4) inches must be
		  left for erosion control. Digging, scraping, bulldozing, clear cutting, or
		  'scalping" the ground is not allowed.
3.19. The Permittee shall be required to
		  carry liability insurance with a limit of at least $1 million per
		  occurrence.
3.20. A performance
		  bond of at least $1,000 per site shall be required to ensure the restoration of
		  highway right of way. In lieu of an individual performance bond for each site,
		  sign owners may choose to post a standing performance bond in an amount of at
		  least $1,000 per site up to a maximum of $50,000.
3.21. The Permittee fully agrees to hold
		  harmless the Arkansas State Highway Commission and the AHTD, and their
		  officers, agents, and employees from any and all damages of any nature to any
		  person or property due to any performance or non-performance of any work
		  authorized by the permit.
3.22. The
		  AHTD may, with good cause, deny, revoke, or amend any RSVP permit. If a permit
		  is revoked the Permittee has a right to request an Administrative
		  Hearing.
3.23. All RSVP permits
		  must be renewed in four-year cycles beginning in July 2018 (See paragraph 3.3).
		  All RSVP permits must be renewed at the same time regardless of the original
		  date of issue. The permits will allow cutting up to four (4) times per year.
		  The renewal fee is $160.00 for a four-year renewal. The Permittee must notify
		  the AHTD's Beautification Section a minimum of three (3) working days before
		  beginning work. The AHTD, at its option, may arrange to have an inspector on
		  site while work is being performed.
4.0.
VIOLATION OF
		  PERMIT
4.1. If
		  RSVP permit provisions are violated, the first offense shall be a $500 fine for
		  each individual offense and/or the surrendering of the State Billboard permit
		  for that sign, subject to the right to an Administrative Hearing. A second
		  violation from the same sign owner shall result in the State Billboard permit
		  for that sign being revoked, subject to the right to an Administrative Hearing,
		  and the denial of any future requests for RSVP permits from that sign owner for
		  two (2) years.
4.2. The sign owner
		  must also provide a statement, signed and dated, agreeing to abide by the terms
		  of the RSVP permit. The sign owner must also agree to remove the sign at no
		  cost to the AHTD if the terms of the RSVP permit are violated by either the
		  sign owner, or as a result of his direction to the land owner or third parties
		  contracted to carry out vegetation control activities.
5.0.
PROCEDURES
5.1. RSVP permits are issued by the AHTD's
		  Right of Way Division in coordination with the AHTD District Engineer for the
		  highway district in which the sign site is located.
5.2. Individual RSVP permits must be
		  requested for each sign site and include:
a.
		  An application fee (non-refundable) made payable to the Arkansas State Highway
		  and Transportation Department in the amount of $160 per sign designated for
		  vegetation control.
b. A
		  performance bond in the amount of at least $1,000 per site issued or
		  countersigned by a resident Arkansas agent, or in the form of cash or cashier's
		  check. In lieu of a performance bond for each site, a standing performance bond
		  in the amount equal to at least $1,000 per site up to a maximum of $50,000 may
		  be posted.
c. Proof of liability
		  insurance with a limit of at least $1 million.
d. State Highway number
e. A specific written proposal of the
		  vegetation control work to be performed on the highway right of way to restore
		  the visibility of the sign, including the name, address, telephone number, and
		  signature of the sign owner, and the location of the sign site and State
		  Billboard Permit number.
f. Type of
		  vegetation control to be performed.
g. 8" X 10" photograph(s) of the State
		  Highway right of way vegetation interfering with the view of the sign and which
		  is the subject of the RSVP permit request.
h. A drawing of the highway right of way area
		  where the work is to be performed indicating the vegetation to be mowed, bush
		  hogged, cut, trimmed, pruned, and/or removed on the right of way. The drawing
		  shall also show the length of frontage along the highway right of way boundary
		  of the tract of land on which the sign is located.
i. A signed statement(s) by the landowner(s)
		  of record of the land at the sign site or the landowners(s) of record of an
		  abutting tract(s) of land where the vegetation cutting will occur, indicating
		  concurrence with the proposed work on that portion of the highway right of way
		  abutting the landowner's tract(s).
j. A signed and dated statement, from the
		  billboard sign owner or agent, agreeing to abide by the terms of the RSVP
		  permit. The sign owner will also agree to remove the sign at no cost to the
		  AHTD if the terms of the RSVP permit are violated by the sign owner, or as a
		  result of his direction to the land owner or third parties contracted to carry
		  out vegetation control activities.