North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 02 - DIVISION OF HIGHWAYS › Subchapter E - MISCELLANEOUS OPERATIONS › Section .0600 - SELECTIVE VEGETATION REMOVAL POLICY › Section 02E .0612 - MODIFIED VEGETATION CUT OR REMOVAL ZONE FOR OUTDOOR ADVERTISING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance with
				  G.S.
				  136-133.1(a1), at the
				  request of a selective vegetation removal permit applicant, the Department may
				  approve plans for the cutting, thinning, pruning, or removal of vegetation
				  outside of the cut or removal zone along acceleration and deceleration ramps.
				  Upon approval of this modified cut zone, the conditions of the initial permit
				  as set forth in Rule .0604 and Rule .0610 of this Section, in addition to the
				  following requirements shall apply:
(1) the
				  request for a modified vegetation cut or removal zone along acceleration or
				  deceleration ramps shall be noted on the selective vegetation removal
				  application at the time the application is submitted. The same application
				  requirements as set forth in Rule .0608 of this Section shall apply to a
				  modified vegetation cut or removal zone request.
(2) the application shall include a diagram
				  of the modified cut zone request to indicate the relocated point A to point D
				  line and the relocated point B to point E line. If the request includes removal
				  of existing trees as defined in
				  G.S.
				  136-133.1(b)-(e), the
				  applicant may indicate the relocated points on the required site plan in lieu
				  of a separate diagram. The applicant shall provide calculations showing that
				  the total aggregate area of cutting or removal equals the maximum allowed in
				  G.S.
				  136-133.1(a). The applicant
				  shall mark the modified points A, B, D, and E, as applicable, at the site for
				  review by the Department. Modified points A and B along the right-of-way
				  boundary (or fence if there is a control of access fence) are to be marked with
				  visible flagging tape. Modified points C, D, & E along the edge of the
				  pavement of the ramp are to be marked with spray paint, including the actual
				  distances. Such markings for a modified vegetation cut or removal zone under
				  G.S.
				  136-133.1(a1) shall
				  represent and equal the maximum cut or removal area along the surface of the
				  ground allowed in
				  G.S.
				  136-133.1(a).
(3) the Department may authorize a one-time
				  modification of the maximum vegetation cut or removal zone for each requested
				  sign face when the view to the outdoor advertising sign face will be improved.
				  The modified area of vegetation cutting or removal shall cause the point A to
				  point D line and the point B to point E line as set forth in
				  G.S.
				  136-133.1(a) to be relocated
				  as long as the total aggregate area of cutting or removal does not exceed the
				  maximum allowed for the defined cut or removal zone in
				  G.S.
				  136-133.1(a). Points A and B
				  shall always remain on the right-of-way line and points D and E shall always
				  remain on the edge of the pavement of the ramp.
				  G.S.
				  136-133.1(g) regarding
				  cutting vegetation from the private property side along a controlled access
				  fence shall remain applicable from relocated point A of the modified cut zone
				  to relocated point B of the modified cut zone.
(4) the Department shall establish and
				  document the modified cut or removal zone as the permanent view that shall not
				  be altered for future selective vegetation removal permits.
(5) If an outdoor advertising site has
				  previously been cut under a valid selective vegetation removal permit, in
				  accordance with
				  G.S.
				  136-93(b), to the extent
				  that the requirement of not exceeding the total aggregate area of cutting or
				  removal allowed in
				  G.S.
				  136-133.1(a) cannot be met,
				  the applicant may apply for a modified cut or removal zone no sooner than one
				  year after the most recent cutting activity at the site. Within the one year
				  period, the applicant may, to the extent that the maximum cut or removal zone
				  defined in
				  G.S.
				  136-133.1(a) was not
				  previously cut, apply that uncut area towards determining the limits of the
				  one-time modified cut request as defined in
				  G.S.
				  136-133.1(a1) and the rules
				  of this Subchapter.
(6) Should the
				  outdoor advertising structure subject to a modified cut or removal zone for a
				  selective vegetation removal permit be sold or transferred, the new owner or
				  outdoor advertising permit holder shall be subject to
				  G.S.
				  136-133.1(a1), and the rules
				  of this Subchapter and shall not alter the modified cut zone as established and
				  documented for a previous sign owner or permit holder.
(7) Upon denial or conditioning by the
				  Department of Transportation of a modified vegetative cut or removal zone under
				  G.S.
				  136-133.1(a1), the applicant
				  may file an appeal pursuant to
				  G.S.
				  136-133.3.