Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 09002 - Control of Outdoor Advertising Adjacent to State Controlled Routes › PERMITS › Section 37-1-7501-09002-503 - Vegetation Removal Permit, Form MND-830

Current through June 25, 2024
1.
General:
A Vegetation Removal Permit must be secured
					 from the Department by any person or company before cutting, or trimming
					 vegetation from the Department's right-of-way. Trees, bushes and vegetation
					 growing at or near permitted sites that have grown into the view of the sign
					 face may be cleared or removed by a permittee, his employee, or contractor upon
					 application made to and approval by the Department. The Department shall charge
					 a permittee a vegetation clearance fee of fifty dollars ($50.00) per site each
					 time that the Department authorizes a vegetation clearance as provided in
					 Section
					 49-23-11,
					 Mississippi Code of 1972, as amended.
2.
Procedure
: Any
					 person or company requesting a Vegetation Removal Permit to selectively cut and
					 remove vegetation from the Department's right-of-way must submit a written
					 request on Form MND-829 to the State Maintenance Engineer or his/her designated
					 agent via the Maintenance Division. Except as provided herein, a Vegetation
					 Removal Permit may be granted for legally permitted sign locations only. Before
					 a permit is granted, said sign must be in place for at least three (3) years. A
					 Vegetation Removal Permit at Grandfathered Sign locations will not be allowed
					 unless a permit is obtained under section 501. No Vegetation Removal Permit
					 will be allowed on a scenic byway. The vegetation control view area shall not
					 extend beyond the distances indicated in the diagram that shall be attached to
					 the Vegetation Removal Permit. The maximum vegetation control view area is
					 determined in the manner set forth in section 350 of this Rule. This distance
					 shall be measured along the highway from the viewable face(s) of the
					 advertising device. Vegetation Cuts will not be allowed in the median of a
					 State Controlled Route. Any agreement with any local governing body relative to
					 the planting of vegetation on the right of way of any state controlled route
					 shall direct that the provisions of these regulations shall continue to apply
					 to vegetation removal in those affected areas. The written request for a
					 vegetation cut must include definite mileage from certain points to the sign
					 location, permit number from the approved permit application, a description of
					 the work to be performed and a permit fee of fifty dollars ($50.00) for each
					 location.
3. The applicant will
					 submit all correspondence, a completed Vegetation Removal Permit request
					 (Form-829), and fee to the State Maintenance Engineer or his/her designated
					 agent. The State Maintenance Engineer's agent will arrange with the applicant
					 for a field inspection. After completing the field inspection, the State
					 Maintenance Engineer's designated agent shall determine the existence of
					 marketable timber and the value thereof. The State Maintenance Engineer may, in
					 his discretion, require the applicant to pay the market value of the timber
					 before the Vegetation Removal Permit is granted. The State Maintenance
					 Engineer's designated agent shall approve or disapprove the Vegetation Removal
					 Permit. If the Vegetation Removal Permit is approved, the State Maintenance
					 Engineer's designated agent shall send copies of the approved Vegetation
					 Removal Permit and a diagram of the vegetation removal area to the applicant,
					 and the appropriate District Maintenance Engineer. If the Vegetation Removal
					 Permit request is denied, a letter of explanation will be sent to the
					 applicant. The applicant shall have the right to appeal this denial in
					 accordance with Section 1800 herein. If approved, the Applicant will provide a
					 Vegetation Removal Performance Bond as required in Section 400 herein before
					 beginning any work. The applicant will also provide proof of general liability
					 insurance with a registered Mississippi agent in the amount of $500,000 or
					 more. Upon posting said bond the Applicant will advise the State Maintenance
					 Engineer or his/her designated agent at least two (2) working days in advance
					 of performing any work. All work is to be performed Monday through Friday
					 excluding State Employee Holidays. The State Maintenance Engineer's designated
					 agent shall observe the work in progress.
4. The Vegetation Removal Permit holder or
					 his/her agent shall not impede traffic on any highway while performing the
					 work. If workers or equipment are to be in the proximity of the traffic lanes,
					 the applicant shall furnish, place and maintain traffic control in accordance
					 with Part 6 of the Manual on Uniform Traffic Control Devices for Streets and
					 Highways (MUTCD). The applicant or the State Maintenance Engineer shall attach
					 a special traffic control plan to the application if special traffic control
					 details are required.
5. The
					 Vegetation Removal Permit will expire on the completion of the work or one (1)
					 year from the date of issuance unless canceled, suspended, or revoked prior to
					 the expiration date whichever comes earlier.
6. Violations of this subsection are
					 addressed in Section 1306.