North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0611 - BEAUTIFICATION AND REPLANTING REQUIREMENTS FOR SELECTIVE VEGETATION REMOVAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any site with a
				  valid selective vegetation removal permit issued pursuant to
				  G.S.
				  136-93(b) qualifies for a
				  beautification and replanting plan as set forth in
				  G.S.
				  136-133.1(e).
(b) For future selective vegetation removal
				  applications at replanted sites, replanted materials may be removed only if
				  partially blocking the view to a sign face. In this case, the Department shall
				  require plant substitutions on a one-for-one basis. All requests for plant
				  substitutions shall be approved by the Department and installed according to
				  the rules in this Section.
(c)
				  Submittal of a site plan shall be in accordance with G.S.
				  136.133.1(c).
(d) This Paragraph
				  applies to all replanting plans except mitigating replanting plans as specified
				  in Rules .0603(b)(6) and .0609(b)(4) of this Section. The caliper inches of
				  existing trees to be removed, according to the applicant's site plan, shall
				  equal the caliper inches to be replanted, by the applicant at the outdoor
				  advertising site, and from which existing trees are requested to be removed. If
				  the caliper inches of existing trees from the site plan exceed the density of
				  the Department's replanting site design, the excess caliper inches of trees
				  shall be delivered by the applicant to the Department according to the schedule
				  described in Subparagraph (g)(6) of this Rule. If plant material other than
				  trees is proposed, the Department may consider such substitution for the
				  required caliper inches.
(e) For
				  sites that qualify according to the replanting criteria described in this Rule,
				  the Department shall consult with the applicant and any local government that
				  has requested to review and provide comments on selective vegetation removal
				  applications pursuant to
				  G.S.
				  136-93(d), or has notified
				  the Department of its desire to review and provide comments on beautification
				  and replanting plans. The local government shall be given 15 days to review and
				  provide comments on beautification and replanting plans. If the local
				  government provides comments on a beautification and replanting plan, the
				  Department shall take the comments into consideration. If the local government
				  does not make a request for a review, the criteria stated in the rules in this
				  Section shall be followed for replanting determination.
(f) In consideration of differences in
				  outdoor advertising sign structure heights, business facilities, or agritourism
				  activities, the Department shall maintain on file regionalized landscape design
				  plans and plant lists as a guide for applicants. The applicant may submit one
				  of the Department's plans or a proposed beautification and replanting plan
				  prepared and sealed by a North Carolina licensed landscape architect. The
				  Department's written approval shall be based upon the current edition of the
				  American Standard for Nursery Stock ANSI Z60.1 for a minimum of a 1.5 caliper
				  inch replanted tree, of the beautification, replanting, and maintenance plan
				  shall allow the applicant to proceed with requested vegetation cutting,
				  thinning, pruning, or removal at the site. If plant material other than trees
				  is proposed, the Department may consider such substitution for the required
				  caliper inches. The American Standard for Nursery Stock ANSI Z60.1, approved by
				  the American National Standards Institute and published by the American
				  Horticulture Association is hereby incorporated by reference, including
				  subsequent amendments and editions. The document may be accessed at no cost at
				  americanhort.org/page/standards. The mailing address for AmericanHort is 2130
				  Stella Ct, Columbus, OH 43215.
(g)
				  The approved beautification and replanting plan becomes a part of the selective
				  vegetation removal permit pursuant to
				  G.S.
				  136-93(b) and
				  136-133.1(e).
				  All permit requirements shall continue to apply until all replanting and
				  establishment requirements are satisfied and accepted in writing by the
				  Department. The Department shall approve the replanting portion of the
				  selective vegetation removal permit in writing and detail the requirements of
				  the beautification and replanting plan. The following shall be required:
(1) The work for initial plantings and all
				  future replacements by the permittee or any of their employees, agents, or
				  assigns shall be in accordance with the current edition of the American
				  National Standard for Tree Care Operations-Transplanting ANSI A300 (Part 6),
				  Planting and Transplanting except as stipulated in this Rule. The American
				  National Standard for Tree Care Operations-Transplanting ANSI A300 (Part 6),
				  approved by the American National Standards Institute and published by the Tree
				  Care Industry Association, Inc. is hereby incorporated by reference, including
				  subsequent amendments and editions. Copies of the Standard may be obtained from
				  the Tree Care Industry Association, Inc. for a twenty dollar ($20.00) cost. The
				  Tree Care Industry Association, Inc. (TCIA) can be contacted at 670 North
				  Commercial Street, Suite #201, Manchester, NH 03101 or at this website:
www.tcia.org/TCIA/SHOP
. Initial and
				  replacement planting may be considered acceptable if the plants have been
				  placed in the plant hole, backfilled, watered, mulched, staked, and guyed. All
				  plants of one species that are shown on the plans to be planted within a bed,
				  shall be planted concurrently and the entire group shall be completed before
				  any plant therein is considered acceptable. Replacement planting consists of
				  replacing those plants that are not in a living and healthy condition as
				  defined in Subparagraph (7) of this Paragraph;
(2) The permittee shall adhere to erosion
				  control requirements, according to G.S. 113A, Article 4;
(3) All plant materials shall be approved in
				  writing by the Department prior to arrival at the site or prior to excess trees
				  being furnished and delivered to the Department. The approval shall be based on
				  the current edition and subsequent amendments and editions of the American
				  Standard for Nursery Stock ANSI Z60.1;
(4) All work is subject to Division of
				  Highways inspection, scheduled with the Department. A minimum 48-hour
				  notification shall be provided to the Department by the permittee before
				  entering the right-of-way for any beautification and replanting plan
				  requirements;
(5) Grinding or other
				  mechanical removal of all cut stumps (to a minimum depth of four inches below
				  ground level) shall be completed in the area of replanting during the
				  preparation of the site, prior to initial planting;
(6) All initial and replacement plantings
				  shall be installed during the first planting season (November 1 to March 15)
				  contemporaneous with or following the selective vegetation removal. If
				  replanting cannot be completed by the March 15 deadline, the replanting shall
				  occur during the next planting season. The same dates (November 1 to March 15)
				  shall apply when the permittee provides the Department with excess plant
				  material at a site where existing caliper inches exceeds the site design
				  capacity;
(7) The permittee shall
				  contact the Department to schedule a final replanting acceptance inspection
				  upon completion of any plant material installation. For one year from the date
				  of the initial planting acceptance for the entire replanting plan, the
				  permittee shall establish all plant materials according to these provisions.
				  Establishment for all initial or replacement plants shall begin after they are
				  planted. The permittee shall be responsible for the area around plantings for a
				  distance of six feet beyond the outside edges of the mulch. Establishment shall
				  include: cutting of grass and weeds; watering; replacement of mulch; repair or
				  replacement of guy stakes, guy wires, and water rings; and other work to
				  encourage the survival and growth of plant material. The permittee shall remove
				  and dispose of dead plants from the replanting plan site during the
				  establishment period. Prior to the end of the one-year establishment period,
				  the permittee is responsible for contacting the Department to schedule a site
				  meeting with Departmental officials to identify plants to be replaced that are
				  not in a living and healthy condition. Plants do not meet the living and
				  healthy condition requirement and need replacement if 25 percent or more of the
				  crown is dead, if the main leader is dead, or if an area of the plant has died
				  leaving the character of its form compromised, lopsided, or disfigured. The
				  permittee shall replace, during the planting period, plant material needed to
				  restore the planting to the original quantity, size, and species of plant
				  material. Any desired changes in plant material proposed by the permittee shall
				  be requested in writing to the Department. The Department shall notify the
				  permittee in writing of the approved changes to the replacement
				  plantings;
(8) At the conclusion of
				  the one-year establishment period, the Department shall issue a written
				  acceptance of the permittee's work and release the bond. Then a one-year
				  observation period shall begin during which the permittee shall maintain
				  stability of the original and replacement plantings to promote their continued
				  livability and healthy growth. The permittee is responsible for replacement of
				  plants not meeting the living and healthy condition requirement during the
				  observation period. Replacement shall occur in accordance with the dates of
				  planting as stated in Subparagraph (6) of this Paragraph;
(9) After the one-year observation period
				  concludes, the Department shall notify the permittee if the permit requirement
				  conditions have been met successfully;
(10) Replanted materials may be pruned
				  according to the current edition and subsequent amendments and editions of the
				  American National Standard for Tree Care Operations-Pruning ANSI A300 (Part 1)
				  - Planting and Transplanting; however, topping of trees or other vegetation is
				  not allowed;
(11) This Paragraph
				  applies to all replanting plans except mitigating replanting plans as specified
				  in Rules .0603(b)(6) and .0609(b)(4) of this Section. Excess plants or trees
				  furnished and delivered to the Department shall receive care and handling in
				  accordance with digging, loading, transporting, unloading, planting, or
				  otherwise handling plants. The permittee shall exercise care to prevent:
				  windburn; injury to or drying out of the trunk, branches, or roots; or freezing
				  of the plant roots. The solidity of the plant ball shall be preserved. Delivery
				  of excess plant material shall be scheduled with the Department, allowing a
				  minimum three days notification for each delivery. The permittee's
				  responsibility for the furnished excess plants or trees ends at the time the
				  plant material is delivered to, inspected by, and accepted by the
				  Department;
(12) For mitigating
				  replanting plans according to Rule .0609(b)(4) of this Section, trees and other
				  plant material for a proposed beautification and replanting plan taken from the
				  Department's landscape design plans and plant lists or prepared and sealed by a
				  North Carolina licensed landscape architect, may be of a projected mature
				  height to reduce visibility limitations to outdoor advertising sign faces. As
				  an alternative to replanting, mitigation by pruning for vegetative crown
				  reduction at an existing beautification project may be allowed, if mutually
				  agreed upon in writing by the Department and permittee. All pruning shall be
				  performed by removing the fewest number of branches necessary to accomplish the
				  desired objective but in consideration of normal seasonal regrowth for the type
				  of vegetation. All pruning for purposes of mitigation shall be in accordance
				  with the current edition and subsequent amendments and editions of the American
				  National Standards for Tree Care Operations-Pruning ANSI A300 (Part 1) -
				  Planting and Transplanting. In the case of vegetation mortality caused by
				  pruning, replacement plantings shall be required according to this
				  Rule;
(13) Should the outdoor
				  advertising structure related to the selective vegetation permit be sold or
				  transferred, the new owner or permit holder is subject to the requirements in
				  the General Statutes and rules in this Section, including those regarding
				  planting, establishment, replacement or renovation plantings, minimum living
				  and healthy condition, and observation; and
(14) Willful failure to substantially comply
				  with the requirements of this Rule for the beautification and replanting plan
				  shall subject the permittee to penalties prescribed in
				  G.S.
				  136-133.4.