reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.07 - Airport Development Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
Airport
			 capital improvement projects including all eligible Federally funded
			 projects.
(2)
Terms and
			 Conditions.
Provides up to 50% State Grants for Non-Federal share of the
			 project costs.
(3)
Eligible
			 Recipients.
Owners of Open-To-The-Public Airports.
(4)
Criteria for Award.
Federally funded projects are given the priority and Non-Federal projects are
			 funded on a "first-come-first served basis".
(5)
Directions and Deadlines.
Applications for State funds should be received by the Commissioner of the
			 Georgia Department of Transportation not later than June 30th for consideration
			 in the following fiscal year.
O.C.G.A. Sec.
				  32-9-7.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.08 - Airport Operational Improvement Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
Maintenance and operational safety airport projects.
(2)
Terms and Conditions.
Provides up to 75% State funding assistance for the construction cost with the
			 exception of pavement marking which is funded at 100%.
(3)
Eligible Recipients.
Owners
			 of Open-To-The-Public Airports.
(4)
Criteria for Award.
Projects are selected on a prioritized basis
			 if demand exceeds available funding, otherwise the projects are funded on a
			 "first-come-first served basis".
(5)
Directions and Deadlines.
Applications for State funds should be received by the Commissioner of the
			 Georgia Department of Transportation no later than May 31st for consideration
			 in the following fiscal year.
O.C.G.A. Sec.
				  32-9-7.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.09 - Airport Approach Aid Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
Airport
			 projects that aid aircraft in their approach path to a landing area.
(2)
Terms and Conditions.
Provides up to 75% State funding assistance for construction and engineering
			 costs.
(3)
Eligible
			 Recipients.
Owners of Open-To-The-Public Airports.
(4)
Criteria for Award.
Projects
			 are selected on a prioritized basis if demand exceeds available funding,
			 otherwise the projects are funded on a "first-come-first served
			 basis".
(5)
Directions and
			 Deadlines.
Applications for State funds should be received by the
			 Commissioner of the Georgia Department of Transportation not later than June
			 30th for consideration in the following fiscal year.
O.C.G.A. Sec.
				  32-9-7.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.10 - Transportation Enhancement Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
To make
			 available transportation funds for the purpose of enhancing the transportation
			 environment.
(2)
Terms and
			 Conditions.
Applicants (mostly local governments) submit projects for
			 consideration by an independent advisory body, the Transportation Enhancement
			 Advisory Panel ("TEA Panel"). The proposed projects must have linkage to the
			 intermodal transportation network and must be eligible in one often specified
			 categories. The State Transportation Board has placed a cap of one million
			 dollars on the amount of money any one project sponsor can receive.
(3)
Eligible Recipients.
All
			 cities and counties within the State are eligible for funding of design and
			 construction projects. Private nonprofits may be eligible for planning
			 studies.
(4)
Criteria for
			 Award.
The TEA Panel ranks projects according to category-specific
			 criteria developed by the Panel. However, the State Transportation Board
			 adopted only general criteria for selection.
(5)
Directions and Deadlines.
The current deadline for applications requesting funding in Fiscal Year 1997 is
			 August 15, 1994. Fiscal Years 1994, 1995, and 1996 are already programmed. To
			 obtain an application form and specific directions, a potential applicant
			 should write or call the Georgia Department of Transportation, Office of
			 Planning, No. 2 Capitol Square, Atlanta, Georgia 30334 (phone number
			 404-656-5411).
O.C.G.A. Secs.
				  32-1-3(18),   32-2-2(7).
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.11 - Local Road Assistance Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
To
			 provide capital assistance for each Local Government (County/City) to maintain
			 through resurfacing the roads and streets within their respective
			 transportation system.
(2)
Terms and Conditions.
Each Local Government must submit a priority
			 list of desired projects they wish to have considered for the Local Road
			 Assistance Program ("LARP"). The priority list is evaluated by the Department
			 of transportation's engineers based on a needs assessment and cost estimates
			 for the project. The Department of Transportation's engineers make
			 recommendations to the Commissioner of Transportation. Funds for this program
			 are distributed by Board formula among the Congressional Districts and are
			 equitably apportioned among urban and rural areas. Eligible priorities must
			 meet acceptable needs evaluation and funding must be available prior to
			 approval under this Program. No funds from this Program may be utilized to
			 relocate utilities or perform work outside of the existing pavements. Private
			 property or lease property does not qualify for assistance.
(3)
Eligible Recipients.
All
			 Counties and Cities within the State are eligible.
(4)
Criteria for Award.
Priorities that are located on the County or City road and street system are
			 eligible for consideration. Resurfacing contracts are issued at the discretion
			 of the Commissioner based upon needs assessments and available funds.
(5)
Directions and Deadlines.
Priority lists are requested from each County and City of roads and streets to
			 be considered. Projects are selected from the priority list and contracts are
			 prepared by the Department of Transportation and let for competitive bidding.
			 Completion dates are established that will allow for the completion of the work
			 during the current paving season after the contract is let. Many Counties and
			 Cities request their LARP contracts to be negotiated in the form of County/City
			 contracts. These contracts do not have a completion date assigned; however the
			 Local Governments are encouraged to complete the project during the same paving
			 season.
All contracts are engineered and supervised by Department of
				Transportation engineers, following current guidelines and specifications for
				construction.
O.C.G.A. Sec.
				  32-5-21.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-12 - GRANT PROGRAMS › Rule 672-12-.12 - County and City Contract Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Scope and Purpose.
To
			 provide capital assistance for each Local Government (County/City) to maintain
			 and improve the roads and drainage within their respective transportation
			 systems.
(2)
Terms and
			 Conditions.
Each Local Government must submit a priority list of desired
			 projects they wish to have considered for State Aid assistance through the
			 County and City Contract Program. The priority list is evaluated by the
			 Department of Transportation's engineers based on a needs assessment and cost
			 estimates for the project. The Department of Transportation's engineers make
			 recommendations to the Commissioner of Transportation.
(3)
Eligible Recipients.
All
			 Counties and Cities within the State are eligible. State and Local School
			 systems qualify but funding contracts are through respective Counties and
			 Cities.
(4)
Criteria for
			 Award.
Priorities that are located on the County, City, or State
			 property are eligible for consideration. Eligible priorities must meet
			 acceptable needs evaluation and funding must be available prior to approval
			 under this Program. County and City Contracts are issued at the discretion of
			 the Commissioner for paving, resurfacing, sidewalks, drainage materials,
			 parking facilities, etc. Minimum rights of way requirements set by the
			 Department of Transportation Board must be acquired for
			 consideration.
(5)
Directions
			 and Deadlines.
Priority lists can be submitted at any time but the Local
			 Governments are encouraged to submit them once a year and updated on a yearly
			 basis. Projects are selected from the priority list by separate request and
			 selected projects are prepared for contract. County and City Contracts have no
			 deadline for completion of the project but the Local Governments are encouraged
			 to complete the work in a timely manner. County and City Contracts placed out
			 for bid by the Department have completion dates established based on time
			 needed to complete the project. Counties and Cities with contracts authorized
			 but not awarded due to rights of way or other clearance problems are encouraged
			 to proceed diligently toward clearance of the project or remove the project
			 from their priority list. This will allow the funds to be used on other
			 projects.
All contracts are engineered and supervised by Department of
				Transportation engineers, following current guidelines and specifications for
				construction.
O.C.G.A. Sec.
				  32-5-21.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words when used in Chapter 672-13 shall have the
				following meaning unless the context thereof indicates another meaning:
(a) "Applicant" means any pipeline company
			 that requests the issuance of a Certificate of Public Convenience and Necessity
			 to exercise the right of eminent domain for the construction of a pipeline,
			 pursuant to the provisions of Sections
			  22-3-80 through 
			  22-3-85 of  the Official Code of Georgia Annotated.
(b) "Certificate" means the Certificate of
			 Public Convenience and Necessity issued by the Commissioner to any Applicant
			 pursuant to the provisions of Sections
			  22-3-80 through 
			  22-3-85 of  the Official Code of Georgia Annotated.
(c) "Commissioner" means the Commissioner of
			 the Georgia Department of Transportation.
(d) "Existing Petroleum Pipeline" means a
			 petroleum pipeline constructed and in use prior to January 1, 2016.
(e) "Expansion" means a modification to an
			 Existing Petroleum Pipeline within the existing easement or right of way that
			 increases the supply of petroleum by:
(1)
			 Increasing the diameter of an existing Petroleum Pipeline; or
(2) Constructing a Parallel Petroleum
			 Pipeline.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.02 - The Exercise of Eminent Domain for the Construction of a Petroleum Pipeline

Current through Rules and Regulations filed through June 27, 2024
(a) Subject to the
			 provisions, conditions, and restrictions of these rules and of O.C.G.A. Secs.
			  22-3-80 through 
			  22-3-85, Petroleum Pipeline companies are granted the power to acquire property or
			 interests in property by eminent domain for the purpose of an Expansion, an
			 Extension, Maintenance, or construction of a New Petroleum Pipeline.
(b) No Petroleum Pipeline Company shall
			 exercise the right of eminent domain for the construction of a New Petroleum
			 Pipeline or for the Extension of a Petroleum Pipeline without first obtaining
			 from the Commissioner a Certificate that such action is authorized pursuant to
			 the provisions of O.C.G.A. Section
			  22-3-83.
(c) No Certificate shall be required of a
			 Petroleum Pipeline Company that is exercising the power of eminent domain for
			 the purpose of Maintenance or Expansion.
(d) No Certificate shall be required of a
			 Petroleum Pipeline Company that is not exercising the power of eminent domain
			 to acquire property.
O.C.G.A. §
										22-3-83.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.03 - Applications for Certificates of Public Convenience and Necessity

Current through Rules and Regulations filed through June 27, 2024
(a) All
			 applications for a Certificate must be submitted to the Department
			 electronically. A copy of the Applicant's Articles of Incorporation and
			 amendments thereto shall be submitted concurrently with the application. When
			 the New Petroleum Pipeline or proposed Extension is expected to be sited in
			 five (5) or fewer Georgia counties, an application fee of $5,000.00 must be
			 submitted. When the New Petroleum Pipeline or proposed Extension is expected to
			 be sited in more than five (5) Georgia counties, an additional $1,000.00 per
			 county is added to the fee. The total fee is intended to cover costs associated
			 with the processing and review of the application as well as the scheduling of
			 public meetings. The application will not be considered filed until all
			 required materials and the appropriate fee are received by the Department. Fees
			 are to be submitted by mail to the Georgia Department of Transportation, Office
			 of Utilities.
(b) The application
			 for a Certificate shall set forth in the order indicated the following:
(1) The exact legal name of the Applicant,
			 the State or territory under the laws of which the Applicant was organized, the
			 location of the Applicant's principal place of business, the names of all
			 States where the Applicant is authorized to do business and a concise but
			 comprehensive description of the existing business, operations and properties
			 of the Applicant with particular reference to the transportation by pipeline of
			 petroleum or petroleum products.
(2) The name, title, telephone number and
			 post office address of the person to whom correspondence or communications in
			 regard to the application are to be addressed. Unless advised to the contrary,
			 the Commissioner will serve notices, orders, and other papers upon the person
			 so named.
(3) A description of the
			 proposed project together with its siting information, including, but not
			 limited to, a map showing the proposed location of the route of the New
			 Petroleum Pipeline or of the proposed Extension. Applicant
(4) A description of the public convenience
			 and necessity that support the proposed location of the route of the new
			 pipeline route or of the proposed Extension.
(5) The width of the proposed Petroleum
			 Pipeline corridor up to a maximum width of one-third mile.
(6) A showing that use of the power of
			 eminent domain may be necessary for construction of the New Petroleum Pipeline
			 or for the proposed Extension.
(7)
			 A showing that the public convenience and necessity for the Petroleum Pipeline
			 justifies the use of the power of eminent domain.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.04 - Additional Information to be Supplied

Current through Rules and Regulations filed through June 27, 2024
The Applicant shall supply the Commissioner with any such
				additional information or data as may be determined necessary by the
				Commissioner.
O.C.G.A. §
										22-3-83.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.05 - Notice of Application and Proposed Route

Current through Rules and Regulations filed through June 27, 2024
(a) Notice of Application. Within ten (10)
			 days of the filing of a complete application for a Certificate as set forth in
			 section
			  672-13-.03  of this chapter, notice of
			 the application and the proposed route must be published by the Applicant in
			 the legal organ of each county through which the proposed route of the New
			 Petroleum Pipeline or of the Extension is to be located. Proof of publication
			 shall be filed with the Commissioner as soon as practicable after the
			 publication date, but in no event shall proof of the publication be filed later
			 than ten (10) days following the publication date.
(b) Notice to Landowners. Within ten (10)
			 days of the filing of an application under this Code section, the Applicant
			 shall provide written notice to all landowners whose property is located within
			 the proposed route of the New Petroleum Pipeline or of the Extension. Such
			 notice shall be delivered to each landowner and contain the following language
			 in boldface type:
YOUR PROPERTY IS LOCATED WITHIN THE PROPOSED ROUTE OF A
				PETROLEUM PIPELINE FOR WHICH AN APPLICATION FOR A CERTIFICATE OF PUBLIC
				CONVENIENCE AND NECESSITY HAS BEEN FILED PURSUANT TO ARTICLE 4 OF CHAPTER 3 OF
				TITLE 22 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED. SAID ARTICLE ALONG WITH
				CHAPTER 17 OF TITLE 12 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE
				SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES
				BEFORE THEY MAY BUILD A NEW PETROLEUM PIPELINE OR MODIFY AN EXISTING PETROLEUM
				PIPELINE. THESE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED ALSO
				PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD FAMILIARIZE YOURSELF
				WITH THOSE REQUIREMENTS AND YOUR RIGHTS.
O.C.G.A. §
										22-3-83.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.06 - Public Meetings on the Application

Current through Rules and Regulations filed through June 27, 2024
The Department will schedule a reasonable number of public
				meetings regarding the application for a Certificate prior to a final decision
				being rendered. In no event will fewer than two (2) public meetings be held
				regarding any application. Notice of the public meetings will be provided in
				the legal organ of each county through which the proposed route of the
				Petroleum Pipeline is to be located or through other means of communication
				deemed necessary and appropriate by the Department.
O.C.G.A. §
										22-3-83.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.07 - Approval or Denial of Application

Current through Rules and Regulations filed through June 27, 2024
(a) In making a decision as to whether to
			 grant a Certificate, the Commissioner shall consider the following:
(1) Whether existing Petroleum Pipelines or
			 distribution systems are adequate to meet the reasonable public
			 needs;
(2) The volume of demand for
			 such petroleum, and whether such demand and that reasonably to be anticipated
			 in the future can support already existing Petroleum Pipelines and distribution
			 systems, if any, and also the Petroleum Pipeline or distribution system
			 proposed by the Applicant;
(3) The
			 financial ability of the Applicant to furnish adequate continuous service and
			 to meet the financial obligations of the service which the Applicant proposes
			 to perform;
(4) The adequacy of the
			 supply of petroleum to serve the public;
(5) The economic feasibility of the Petroleum
			 Pipeline or distribution system and the propriety of the engineering and
			 contracting fees, the expenses, and the financing charges and costs connected
			 with the Petroleum Pipeline or distribution system;
(6) The effect on existing revenues and
			 service of other Petroleum Pipelines or distribution system, and particularly
			 whether the granting of such Certificate will or may seriously impair existing
			 public service; and
(7) Any other
			 factors which the Commissioner deems necessary to grant or deny a
			 Certificate.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.08 - Review of the Commissioner's Decision

Current through Rules and Regulations filed through June 27, 2024
The issuance or denial of a Certificate may be reviewed by a
				judge of the superior court of the county in which the pipeline company has an
				agent and place of doing business. The review shall be by petition filed within
				30 days of the date of approval or disapproval of the application and shall be
				determined on the basis of the record before the Commissioner. The action of
				the Commissioner shall be affirmed if supported by substantial
				evidence.
O.C.G.A. §
										22-3-83.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-13 - PETROLEUM PIPELINE CERTIFICATES › Rule 672-13-.09 - Notice to Landowner Prior to Initiating Eminent Domain Proceedings

Current through Rules and Regulations filed through June 27, 2024
Prior to initiating eminent domain proceedings or threatening
				to do so, the Petroleum Pipeline Company shall cause to be delivered to each
				landowner whose property may be condemned a written notice containing the
				following language in boldface type:
CHAPTER 17 OF TITLE 12 AND ARTICLE 4 OF CHAPTER 3 OF TITLE 22
				OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH
				MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE
				RIGHT TO CONDEMN YOUR PROPERTY. THOSE PROVISIONS OF THE OFFICIAL CODE OF
				GEORGIA ANNOTATED ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTECTION. YOU SHOULD
				FAMILIARIZE YOURSELF WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR TO
				CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM
				PIPELINE COMPANY.
O.C.G.A.§§
										22-3-83,   22-3-84.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.01 - Purpose of Regulations

Current through Rules and Regulations filed through June 27, 2024
(1) Through the adoption of these rules, the
			 State Transportation Board recognizes the need to balance the interests of
			 maintaining the beauty of the State and a healthy environment for its citizens
			 with the need to provide the citizens of the state and the traveling public
			 with adequate information regarding places offering lodging, food, motor fuels
			 services or any other service or products along the roads and highways of the
			 State by allowing for the visibility of outdoor advertising signs erected and
			 maintained along the highways of the state.
(2) The Department is authorized to
			 promulgate specifications and guidelines to govern the Department's
			 implementation of the provisions of this Chapter, and to set forth these
			 specifications and guidelines in the Department's Manual of Guidance entitled
			 "Vegetation Management at Outdoor Advertising Signs." Copies of these
			 guidelines shall be provided to applicants upon written request to the
			 Department's Office of Maintenance, 600 West Peachtree Street, N. W., One
			 Georgia Center, 10th Floor, Atlanta, GA
			 30308.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words when used in Chapter
672-14
shall have the following meanings unless the
				context thereof indicates another meaning:
(a) "Advertising Message": Any notice using
			 symbols, pictures, numbers, words, or combination thereof designed to attract
			 public attention or patronage.
(b)
			 "Expired" or "Lapsed" Permits or Revisions: Is a properly issued permit or
			 revision which is no longer valid because it's conditions have not been
			 completed or revised within the applicable time frame. This includes failure to
			 pay any applicable fees. Permits which have expired solely as a result of
			 failure to pay fees may be referred to as lapsed for purposes of O.C.G.A.
			 §
								32-6-75.3(j) and  State Transportation Board Rules
			  672-14-.02.
(c) "Viewing zone": A
			 continuous 500 foot horizontal distance parallel to the state right of way of a
			 route controlled by O.C.G.A. § Section
32-6-70,
et seq.
, and adjacent or otherwise within the line of sight of
			 an outdoor advertising sign.
(d)
			 "Vegetation": Woody or herbaceous plant material growing from the ground or
			 planted.
(e) "Vegetation
			 Management": All planned work activities relating to landscape and roadside
			 development on public right of way. These activities may include the removal,
			 cutting or trimming of trees or other vegetation, landscape planting,
			 construction and any maintenance management of their related
			 features.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.03 - Application for a Vegetation Management Permit

Current through Rules and Regulations filed through June 27, 2024
(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.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.04 - Requirements for Issuance of Approved Vegetation Management Permit

Current through Rules and Regulations filed through June 27, 2024
Upon submittal of an application with appropriate fees and
				vegetation management plan, the Department will determine if the sign permit is
				current, with no pending violations and meets the requirements of Georgia
				law.
(a) If the Department determines
			 that the sign permit is not current, has pending violations, or the sign does
			 not qualify for a Vegetation Management Permit, the Vegetation Management
			 Permit will be denied.
(b) If the
			 Department determines that the sign permit and location is in good standing,
			 and all other legal requirements and conditions have been met, a Vegetation
			 Management Permit may be granted.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.05 - Conditions Governing a Vegetation Management Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The Vegetation
			 Management Permit authorizes one or more of the following actions:
(a) Vegetation within the viewing zone shall
			 be selectively removed, pruned or trimmed, in accordance with good landscaping
			 practices pursuant to O.C.G.A. §
32-6-75.3
and
			 all requirements set forth in the Department's Manual of Guidance, to allow
			 viewing within the defined viewing zone.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.06 - Fees and Renewal of a Vegetation Management Permit

Current through Rules and Regulations filed through June 27, 2024
(1) The permit fees
			 cover the direct and indirect costs associated with the administration of the
			 permit and inspection of the site, and are due in the following amounts:
Application Review and Permit fee $ 400.00
Annual Renewal fee $ 50.00
(2) An annual renewal fee shall continue to
			 be due each first of September, beginning the year following issuance of the
			 permit. Notice of late renewals shall be sent by certified mail. If renewal
			 fees are not received within 45 days of the late renewal notice, the permit
			 shall be cancelled. Additional cutting, trimming, or removal of vegetation
			 greater than 4 inches in diameter within a viewing zone after the initial
			 permit construction activity and bond release is not allowed within the Target
			 View Zone. Maintenance activities may continue within the permitted viewing
			 zone as long as renewals are up to date.
(3) The Target View Zone for a sign is
			 established by the initial vegetation management permit. The Target View Zone
			 may not be modified by any subsequent vegetation management permit. A
			 successive vegetation management permit may only be issued for a location if
			 all past due renewal fees for previous permits have been paid prior to the
			 issuance of the new vegetation management permit for the location.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.07 - Invalid or Revocation of a Vegetation Management Permit

Current through Rules and Regulations filed through June 27, 2024
Failure to comply with these rules and regulations or the
				Department's Manual of Guidance after notification may result in immediate
				suspension or revocation of the vegetation management permit on file,
				forfeiture of bonds or permanent denial of any future vegetation management
				permit or permit renewal for the sign and site involved in the infraction. Work
				performed on the Department's right-of-way without a permit shall be considered
				a failure to comply and is punishable as provided in O.C.G.A. §
								32-6-81, and shall be subject to the procedures set forth in section O.C.G.A. §
								32-6-95.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.08 - Failure to Comply with Guidelines - Unauthorized Cutting, Trimming or Removal of Vegetation

Current through Rules and Regulations filed through June 27, 2024
The Department shall have the right to terminate the Permit by
				giving thirty (30) days notice in writing of the termination and date of such
				termination to permittee if the permittee fails to perform or violates any of
				the terms, conditions or provisions of the Vegetation Management at Outdoor
				Advertising Sign(s) Permit or fails to maintain the designated Target View Zone
				in a reasonable manner. The Department shall also have the right to refuse to
				process any new Vegetation Management permit applications submitted by a person
				or entity with an unresolved or alleged violation of the rules and regulations
				or the Department's Manual of Guidance,
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.09 - Safety

Current through Rules and Regulations filed through June 27, 2024
Any work performed within the limits of the Department's
				right-of-way shall be done in accordance with the Manual on Uniform Traffic
				Control Devices and other applicable Department safety guidelines. Nothing in
				this rule shall be construed to give permission to service sign structures from
				the Department's right of way. Vegetation management activity shall take place
				from the road shoulder.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-14 - GRANTING, RENEWAL, AND REVOCATION OF VEGETATION MANAGEMENT PERMITS FOR OUTDOOR ADVERTISING › Rule 672-14-.10 - Hearings and Appeals

Current through Rules and Regulations filed through June 27, 2024
In the event an applicant wishes to appeal the denial of their
				application, or revocation or non-renewal of their Vegetation Management
				permit, the provisions of Chapter 13 of Title 50, the "Georgia Administrative
				Procedure Act," shall apply.
O.C.G.A. Secs.
				  32-2-2,   32-6-90,   50-13-4.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-16 - CRITERIA FOR ELIMINATION OF HIGHWAY-RAIL GRADE CROSSINGS › Rule 672-16-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(a) "AASHTO": The
			 American Association of State Highway and Transportation Officials.
(b) "Average Daily Traffic" (ADT): The volume
			 of traffic typical in a 24 hour period.
(c) "Clearing Sight Distance": The distance
			 required for a vehicle to safely pass over and clear a crossing when departing
			 from a stopped position as shown in the current edition of the AASHTO Policy on
			 Geometric Design of Highways and Streets.
(d) "Department": The Department of
			 Transportation of the State of Georgia; sometimes abbreviated as
			 GDOT.
(e) "Engineer": The Chief
			 Engineer of GDOT, acting directly or through a duly authorized representatives
			 acting within the scope of the particular duties and responsibilities assigned
			 to them.
(f) "Highway-rail grade
			 crossing": The area where a highway and a railroad's right-of-way cross at the
			 same level, within which are included the railroad tracks, highway and the
			 associated traffic control devices.
(g) "Land-locked property": Property by which
			 all ingress, egress and/or access has been eliminated, removed or
			 cut-off.
(h) "O.C.G.A": The
			 Official Code of Georgia Annotated.
(i) "Passive highway-rail grade crossing": A
			 crossing that has standard signs and/or pavement markings that provide warning
			 that there is a highway-rail grade crossing.
(j) "Signalized highway-rail grade crossing":
			 A crossing that has train activated warning devices, typically in the form of
			 bells, lights and gates.
(k)
			 "Railroad": All corporations, companies, or individuals owning or operating any
			 railroad in this state. This title shall apply to all persons, firms, and
			 companies, and to all associations of persons, whether incorporated or
			 otherwise, that engage in business as common carriers upon any of the lines of
			 railroad in this state, as well as to railroad corporations and railroad
			 companies as defined in O.C.G.A.
(l) "Railroad main line": All portions of the
			 railway line not used solely as yards, spurs, and side tracks.
(m) "Skew Angle": The interior angle measured
			 between a line that extends the roadway centerline perpendicular from the stop
			 bar to the nearest rail.
(n)
			 "Train": One or more locomotives coupled with or without rail cars, that
			 operates on rails or tracks and to which all other traffic must yield the
			 right-of-way at highway-rail grade crossings.
(o) "Vehicle": Every device in, upon or by
			 which, any person or property can be transported or drawn upon any highway,
			 road or street except trains and light rail transit operating in exclusive
			 alignments. Light rail transit operating in a mixed-use or shared alignment to
			 which other traffic is not required to yield the right-of-way by law, is a
			 vehicle.
O.C.G.A. Secs.
				  32-2-2,   32-6-193.1,   50-13-4,   50-13-6.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-16 - CRITERIA FOR ELIMINATION OF HIGHWAY-RAIL GRADE CROSSINGS › Rule 672-16-.02 - General

Current through Rules and Regulations filed through June 27, 2024
The rules to establish the criteria for closure of highway-rail
				grade crossings are promulgated in accordance with O.C.G.A. Section
				  32-6-193.1 for use by both the Department and local governing authorities. The intent is
				to enhance public safety for both vehicular and train traffic at highway-rail
				grade crossings. Application of the criteria in section
				 672-16-.04  and consideration of
				factors listed in O.C.G.A. Section
				  32-6-193.1 along with comments from a public hearing shall be weighed to determine if a
				public crossing should remain open or if the crossing should be
				eliminated.
O.C.G.A. Secs.
				  32-2-2,   32-6-193.1,   50-13-4,   50-13-6.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-16 - CRITERIA FOR ELIMINATION OF HIGHWAY-RAIL GRADE CROSSINGS › Rule 672-16-.03 - Procedural Steps

Current through Rules and Regulations filed through June 27, 2024
Any railroad may file a petition requesting an order to
				eliminate a highway-rail grade crossing on any public road. The petition shall
				include a location map showing the crossing, the corresponding railroad
				crossing inventory number, and the name of the city and/or county in which the
				crossing is located along with the information required under O.C.G.A. Section
				  32-6-193.1.
				Railroads shall report the same information that they normally report to U.S.
				D.O.T. and the Federal Railroad Administration whenever possible.
Both the governing authority and the railroad shall have the
				right to challenge the validity of data submitted by the other party. Both
				parties shall make good faith efforts to reach agreement regarding the data
				used to reach a determination of safety. Any disagreements that are not
				mutually resolved shall be settled during the appeal process.
(a) Petition requesting an order to eliminate
			 a highway-rail grade crossing.
1. State
			 Routes. The railroad shall submit the petition regarding a state highway to the
			 GDOT, Railroad Crossing Program Manager, 935 E. Confederate Avenue, Building
			 24, Atlanta, Georgia 30316 by certified mail or statutory overnight
			 delivery.
2. Local Roads and
			 Streets. The railroad shall submit the petition regarding a city street or
			 county road to the applicable local governing authority.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-16 - CRITERIA FOR ELIMINATION OF HIGHWAY-RAIL GRADE CROSSINGS › Rule 672-16-.04 - Determination of Safety

Current through Rules and Regulations filed through June 27, 2024
The Department in respect to state highways, the county
				governing authority in respect to county roads or the municipality governing
				authority in respect to city streets shall determine if the highway-rail grade
				crossing shall remain open or should be eliminated. This determination shall be
				made upon consideration of all factors listed in O.C.G.A. Section
				  32-6-193.1 and  in accordance with the "Georgia Department of Transportation's Guide for
				Evaluating Highway-Rail Grade Crossing Safety". A sum total of adjustment
				factors greater than or equal to a positive five (+5) shall be justification to
				eliminate a crossing.
(a)
Records.
The governing authority conducting the investigation
			 shall retain the completed "Highway-Rail Grade Crossing Safety Evaluation" form
			 along with all calculations and supporting documentation used in completing the
			 assessment for a minimum of one (1) year following the investigation.
O.C.G.A. Secs.
				  32-2-2,   32-6-193.1,   50-13-4,   50-13-6.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-16 - CRITERIA FOR ELIMINATION OF HIGHWAY-RAIL GRADE CROSSINGS › Rule 672-16-.05 - Appeal Process

Current through Rules and Regulations filed through June 27, 2024
(a) Any railroad aggrieved by an order of a
			 local governing authority in accordance with a crossing on a local road may
			 request a review by the GDOT in accordance with O.C.G.A.
			  32-6-193.1(c)(3).
1. The railroad shall submit an appeal to the
			 GDOT, Railroad Crossing Program Manager, 935 E. Confederate Avenue, Building
			 24, Atlanta, Georgia 30316 by certified mail or statutory overnight delivery
			 within thirty (30) days from the date of the Order issued by the local
			 governing authority.
2. Along with
			 the letter of appeal, the railroad shall include a copy of all correspondence
			 with the local governing authority, a copy of the Order issued by the local
			 governing authority and filing fee in the form of a check in the amount of
			 $500.00, made payable to the Georgia Department of Transportation. The filing
			 fee shall be applied towards the investigation of the appeal in accordance with
			 O.C.G.A.
			  32-6-193.1, sub-section (c)(3)(D).
3. At the
			 request of the GDOT, the local governing authority who issued the original
			 order shall provide copies of those documents outlined in section
			  672-16-.03, sub-section (b) of this
			 document along with those documents outlined in section
			  672-16-.04  of this
			 document.
4. The GDOT shall have
			 sixty (60) days to review the appeal and make a determination as to whether or
			 not the original order of the local governing authority shall be upheld or
			 overturned.
Compilation of Rules and Regulations of the State of Georgia › Department 672 - STATE DEPARTMENT OF TRANSPORTATION › Chapter 672-17 - GOVERNING PUBLIC-PRIVATE PARTNERSHIPS › Rule 672-17-.01 - Statement of Policy

Current through Rules and Regulations filed through June 27, 2024
(1) It is the policy of the Department to
			 consider the feasibility of private involvement in projects the Department
			 undertakes pursuant to Sections
			  32-2-78,  32-2-79,  32-2-80 of  the Official Code of Georgia Annotated. The objectives of the Department's
			 Public-Private Partnerships program include, but are not limited to, the
			 following:
(a) Expedite project delivery and
			 maximize innovation in project financing and delivery;
(b) Leverage and supplement limited public
			 funds available for public projects;
(c) Facilitate the collaboration and cost and
			 risk sharing in public projects between the public and private
			 partners;
(d) Foster flexibility in
			 procurement methods to provide the best value to the public;
(e) Encourage cooperative partnerships
			 between and among the public and private sectors;
(f) Promote and encourage the use of local
			 labor and resources, as well as disadvantaged, minority and small business
			 enterprises, consistent with applicable law, including requiring a private
			 partner who has been awarded a contract for a Public-Private Partnership to
			 establish a local office within the State of Georgia; and
(g) Advance the investment policies of the
			 Department as provided for by paragraphs (1) through (10) of subsection (a) of
			 Section
			  32-2-41.1 of  the Official Code of Georgia Annotated.