North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0610 - CONDITIONS OF SELECTIVE VEGETATION REMOVAL PERMITS FOR OUTDOOR ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
The following apply to the conditions of selective
					 vegetation removal permits for outdoor advertising:
(1) Selected vegetation, as defined in
				  G.S.
				  136-133.1(b), may be cut,
				  thinned, pruned, or removed in accordance with the standards set out in
				  G.S.
				  136-133.4;
(2) The permittee shall furnish a Performance
				  Bond, certified check, or cashier's check made payable to North Carolina
				  Department of Transportation (NCDOT) for the sum of two thousand dollars
				  ($2,000). The Performance Bond, certified check, or cashier's check shall cover
				  all restoration of the right-of-way to the condition prior to the occurrence of
				  the damage caused by the permittee or the permittee's agent, if damage occurs
				  during the permitted selective vegetation removal. The Performance Bond,
				  certified check, or cashier's check shall be paid with the application before
				  each permit to cut vegetation is issued. The Performance bond, certified check,
				  or cashier's check shall run concurrently with the permit. The Performance
				  Bond, certified check, or cashier's check shall be released after a final
				  inspection of the work by the Department reveals that all work provided for and
				  specified by the permit is found to be completed and, if damage is caused by
				  the permittee or the permittee's agent, all damages to the right-of-way,
				  including damage to fencing and other structures within the right-of-way, have
				  been repaired or restored;
(3)
				  Companies that plan to apply for two or more permits may provide continuing
				  bonds for the sum of one hundred thousand dollars ($100,000) and that type of
				  bond shall be kept on file by the Utilities Unit of the Department;
(4) If the work is to be performed by any
				  entity other than the sign owner or permittee, either the permittee or the
				  other entity shall furnish the Performance Bond, certified check, or cashier's
				  check, as described in this Rule, for all work provided for and specified by
				  the permit. Required forms for all bonds are available upon request from the
				  Department, or on the NCDOT Selective Vegetation Removal website:
https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx
.
				  Bonds shall be furnished with the selective vegetation removal application form
				  to the official assigned to receive selective vegetation removal applications
				  at the local North Carolina Department of Transportation, Division of Highways
				  Office;
(5) The permittee shall
				  provide proof of liability insurance coverage of five million dollars
				  ($5,000,000). Whoever performs the work, the permittee, his or her contractor,
				  or agent shall maintain workers' compensation and vehicle liability insurance
				  coverage. The permittee, his or her contractor, and agent shall be liable for
				  any losses due to the negligence or willful misconduct of his or her agents,
				  assigns, or employees. The permittee, in lieu of providing proof of liability
				  insurance as described in this Item, may be shown as an additional insured on
				  the general liability policy of the approved contractor or agent to perform the
				  permitted work if the contractor or agent's policy provides five million
				  dollars ($5,000,000) in coverage, and the permittee provides the Department
				  with proof of the coverage. The permittee, contractor, or agent providing the
				  coverage shall also name the Department as an additional insured on its general
				  liability policy, and provide the Department with a copy of the certificate
				  showing the Department named as an additional insured. The required limit of
				  insurance may be obtained by a single general liability policy, the combination
				  of a general liability and excess liability, or an umbrella policy;
(6) The permittee shall provide a document
				  verifying the requested selective vegetation removal site location in
				  relationship to corporate limits of a municipality, pursuant to
				  G.S.
				  136-133.1(a)(5). The
				  document shall be a current geographic information system map of the nearest
				  municipality, with color-coded boundary lines, a corresponding key or legend
				  indicating corporate limits, territorial jurisdiction boundaries, and
				  indicating the precise location of the outdoor advertising structure. The
				  permittee shall provide the property tax identification number for the parcel
				  where the outdoor advertising structure is located. The Department may require
				  additional information if the boundary or sign location remains in
				  question;
(7) The permittee shall
				  perform site marking of the maximum vegetation cut or removal zone. The
				  applicant shall mark the proper permitted cutting distances according to
				  G.S.
				  136-133.1(a)(1) - (6).
				  Points A & B along the right-of-way boundary (or fence if there is a
				  control of access fence) shall be marked with visible flagging tape. Points C,
				  D, and E along the edge of the pavement of the travel way shall be marked with
				  spray paint, including the actual distances. If the sign is located at an
				  acceleration or deceleration ramp, points C, D, and E shall be marked along the
				  edge of the pavement of the travel way of the ramp instead of the mainline of
				  the roadway;
(8) The permittee
				  shall perform tagging of trees. The permittee shall tag with a visible material
				  or flagging all trees, including existing trees and other trees that are, at
				  the time of the selective vegetation removal application, greater than four
				  inches in diameter as measured six inches from the ground and requested to be
				  cut, thinned, pruned, or removed. The applicant shall tag the existing trees
				  (the exact same existing trees as on the site plan) that are desired to be cut,
				  thinned, pruned, or removed with visible material or contrasting colored
				  flagging. The permittee shall denote on the site plan or application the colors
				  of flagging used to mark each category of trees;
(9) If there are existing trees requested for
				  removal, the permittee shall satisfy the following before any work may be
				  performed:
(a) submit the reimbursement to
				  the Department pursuant to
				  G.S.
				  136-133.1(d) in a cashier's
				  check or certified check;
(b) fully
				  disassemble two non-conforming outdoor advertising signs, their supporting
				  structures, and return the outdoor advertising permits tags to the Department
				  pursuant to
				  G.S.
				  136-133.1(d); or
(c) obtain Departmental approval for the
				  replanting plan in accordance with
				  G.S.
				  136-133.1(e) and Rule .0611
				  of this Section;