Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 200 - VEGETATION CONTROL REGULATIONS ON STATE RIGHTS-OF-WAY › Section 24VAC30-200-20 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Permits will be issued by the department to control vegetation in front of a
				sign or structure that is not exempt from the provisions of § 33.2-1204 of
				the Code of Virginia or business that is visible from any highway as defined in
				§ 33.2-1200 of the Code of Virginia and regulated by the territorial
				limitations as defined in § 33.2-1202 of the Code of Virginia provided the
				vegetation control work meets the criteria set forth in § 33.2-1221 and
				this chapter. An application may be filed with the Commissioner of Highways by
				an agent, including companies that trim trees. In all other areas the local
				government official shall issue the permits.
B. All cutting to make an outdoor advertising
				structure more visible from the roadway shall be limited to vegetation with
				trunk base diameters of less than six inches. All cutting to make a business
				more visible from the roadway shall be limited to vegetation with trunk base
				diameters of less than six inches. All stumps shall be treated with a cut-stump
				pesticide applied by a licensed pesticide applicator with a license issued by
				the Virginia Department of Agriculture and Consumer Services in Category 6. All
				pesticides shall be approved by the department or local government official
				prior to use. Selective thinning in accordance with specifications or removal
				of unsightly vegetation will be allowed on an individual basis to enhance the
				health and growth of the best trees or to eliminate roadway hazards if
				recommended by the certified arborist supervising the work and agreed to by the
				department or local government official. Trees that are diseased, damaged by
				insects, unsightly, or that pose a safety hazard may be removed when
				recommended by the certified arborist supervising the work and approved by the
				department or local government official. When tree removal is recommended by
				the certified arborist and approved by this permit, the permittee shall provide
				a list of suitable trees and shrubs and a landscape plan to replace vegetation
				removed to the inspector or local government official for review and approval
				prior to issuance of the permit. The certified arborist and the department or
				local government official shall agree on size and species of replacement
				vegetation. The permittee shall plant, at the permittee's expense, all
				replacement vegetation at the locations shown on the landscape plan in
				accordance with the specifications. The establishment period for replacement
				vegetation shall be in accordance with § 605.05 of the specifications. No
				pruning of vegetation to make an outdoor advertising sign more visible from the
				roadway will be permitted if the cut at the point of pruning will exceed four
				inches in diameter. No pruning of vegetation to make a business more visible
				from the roadway will be permitted if the cut at the point of pruning will
				exceed four inches in diameter. No leader branches shall be cut off in such a
				manner as to retard the normal upright growth of the tree unless recommended by
				the certified arborist and approved by the department or local government
				official. All trees and brush removed shall be cut at ground level. Dogwood or
				other small flowering trees on the site shall not be removed. The use of
				climbing irons or spurs is positively forbidden in any tree.
C. When day lighting signs, every effort
				shall be made to form a picture frame around the sign with remaining vegetation
				so as to accent the beauty of the surrounding roadside. A picture frame effect
				shall be achieved by leaving vegetation in place that will cover the sign
				structure supports below the face as seen from the main-traveled way.
D. A permit must be obtained from the
				department or local government official prior to any vegetation control work on
				the state's rights-of-way. All work shall be performed by the permittee at his
				expense, including permit and inspection fees.
E. A violation of this chapter shall, in
				addition to penalties provided in § 33.2-1229 of the Code of Virginia,
				result in a permittee or its agent or both losing its vegetation control permit
				privilege for five years. Additionally, the bond amount used to secure the
				permit will be used for any reparations to the site. Inadvertent violations of
				this permit will require replacement on a four-to-one basis with other suitable
				small trees approved by the department or local government official to enhance
				the roadside beauty. The department or local government official shall have
				full authority to determine specie and size of all replacement vegetation if
				inadvertent cutting occurs.
Statutory Authority: § 33.2-210 of the Code of
					 Virginia.