North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0603 - ISSUANCE OR DENIAL OF SELECTIVE VEGETATION REMOVAL PERMIT FOR A FACILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  136-133.2, within 30 days following receipt
				  of the application for a selective vegetation removal permit for a facility,
				  including the fee set out in
				  G.S.
				  136-18.7, the Division Engineer shall approve
				  or deny the application. The applicant, as part of the application, shall state
				  in writing the date that he or she has delivered a copy of the application,
				  with required attachments, to a municipality that has previously advised the
				  North Carolina Department of Transportation (NCDOT) in writing that it seeks to
				  provide comments regarding such applications. The applicant shall deliver the
				  application to the municipality at least 30 days prior to submitting the
				  application to the Department. The list of municipalities requesting to review
				  applications shall be maintained and updated by the Department on the NCDOT
				  Selective Vegetation Removal website
https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx
.
				  If written notice of approval or denial is not given to the applicant within
				  the 30-day Department review period, then the application shall be deemed
				  approved. If the application is denied, the Division Engineer shall advise the
				  applicant, in writing, of the reasons for denial.
(b) The application shall be denied by the
				  Division Engineer if:
(1) the application is
				  for the opening of view to a facility that does not meet the requirements of
				  Rule .0601 of this Section;
(2) it
				  is determined by Department personnel that the facility is not screened from
				  view;
(3) the application is for
				  the opening of view to undeveloped property or to a facility that, due to
				  obstructions off the right-of-way, is screened from view from the travel way
				  regardless of the presence or absence of trees and other vegetation on the
				  highway right-of-way;
(4) it is
				  determined by Department personnel that removal of vegetation shall diminish a
				  planting installed for headlight screening and affect the safety of the
				  traveling public;
(5) the
				  application is solely for providing visibility to on-premise signs;
(6) the application is for the removal of
				  vegetation planted in accordance with a local, State, or federal beautification
				  project. However, this Subparagraph shall not apply if a mitigation replanting
				  plan related to the site for which the vegetation permit request is made as set
				  forth in Rule .0611 of this Section, except for the provisions in Paragraph (d)
				  and Subparagraph (g)(11); and is agreed upon in writing by the applicant, the
				  Department, and, if applicable, the Federal Highway Administration;
(7) on two previous occasions, the applicant
				  failed to meet the requirements of a selective vegetation removal permit,
				  unless the applicant engages a landscape contractor to perform the current
				  work;
(8) the application is for
				  removal of vegetation that will open views to junkyards;
(9) the applicant fails to complete the
				  requirements of the application as set forth in Rule .0602 of this
				  Section;
(10) any cutting,
				  thinning, pruning, or removal of vegetation encompassing the entirety of the
				  maximum vegetation cutting or removal zone is prohibited due to conditions
				  affecting the right-of-way to which the State is subjected or agrees in writing
				  to subject itself, including conservation agreements, or due to the application
				  at any time of State or federal rules, regulations, or statutes, including any
				  conditions mandated as part of the issuance of a permit to the Department for a
				  construction project by a State or federal agency with jurisdiction over the
				  project; or
(11) an unlawful
				  destruction or illegal cutting of vegetation has occurred within the highway
				  right-of-way to create, increase, or improve a view to the facility from the
				  travel way including acceleration and deceleration ramps. The Department shall
				  not issue a selective vegetation removal permit at the requested site for a
				  period of five years that shall begin on the date the Department resolves the
				  "unlawful destruction" or "illegal cutting" incident by settlement agreement
				  with the responsible party, or the Department administratively closes the case.
				  For the purposes of this Subparagraph, "unlawful destruction or illegal
				  cutting" is defined as the destruction or cutting of trees, shrubs, or other
				  vegetation on the State-owned or State-maintained rights-of-way by anyone other
				  than the Department or its authorized agents, or without written permission of
				  the Department.