Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 3 - Roadside Vegetation Management › Section I-315 - Guidelines for Vegetation Visibility Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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; or
xi. 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; and
l. 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.