33.1-371.1 - Selective pruning permits; fees; penalty.
§ 33.1-371.1. Selective pruning permits; fees; penalty.
Notwithstanding the provisions of § 33.1-353 or any other provision of law:
1. The Commonwealth Transportation Commissioner shall by permit authorize theselective pruning, within highway rights-of-way, as highways are defined in §33.1-351, including within corporate limits of municipalities, of vegetationthat obstructs motorists' view of signs displayed on outdoor advertisingstructures legally erected and properly maintained along the highways.Permits authorizing such pruning shall be issued in accordance with thissection.
(a) All work performed under the permit shall be (i) subject to the directionof the Commissioner or his designee, (ii) supervised on-site by a certifiedarborist approved by the Commissioner, (iii) completed to the satisfaction ofthe Commissioner or his designee, and (iv) performed solely at the expense ofthe permittee.
(b) All pruning shall be performed in a manner that (i) creates a pictureframe effect around the sign and (ii) beautifies the area surrounding theadvertising structure. All cutting shall be limited to vegetation with trunkbase diameters of less than six inches. Pruning cuts of limbs or branches orother vegetation with diameters greater than four inches and clear cuttingshall not be authorized and shall be strictly prohibited. Pruning ofvegetation in a highway median shall not be permitted where the localitywithin which the pruning is to be done has a local beautification project, asdefined in this section, in the area within the scope of the selectivepruning application; however, relocation or replanting of such vegetationshall be permitted in accordance with a landscaping plan as provided in thissection.
(c) Any diseased or unsightly vegetation or any vegetation that endangers thehealth or retards the growth of desirable vegetation may be removed at thediscretion of the certified arborist supervising the work. Any such removedvegetation shall be replaced at the permittee's expense with desirablevegetation.
2. The requirements of this section shall not apply to the owner orauthorized agent of the owner of any sign, advertisement, or advertisingstructure exempted from the provisions of this article by § 33.1-355.
3. The Commissioner shall promulgate such regulations as he deems necessaryor desirable to carry out the provisions of this section. Such regulationsshall include but not necessarily be limited to the following requirements:
(a) Every application for a permit submitted under this section shall beaccompanied by photographs of the affected site and a detailed description ofwork proposed to be performed.
(b) A fee of $400 shall accompany every application made to the Commissioner,or if applicable, to the locality within which the pruning is to beperformed. All such fees collected by the Commissioner shall be paid by theCommissioner into the state treasury, allocated to the CommonwealthTransportation Board.
(c) Every applicant shall post a bond payable to the Commonwealth, withsurety approved by the Commissioner and in a form approved by the AttorneyGeneral, in the sum of $2,500, conditioned on the permittee's fulfillment ofall requirements of the permit.
(d) No permit shall be issued under this section in order to create a newsite for an outdoor advertising structure.
4. Where the applicant is seeking a vegetation control permit in a localitywhere the public right-of-way is within the jurisdictional limits of a cityor town on a highway or street not within the jurisdiction of theCommissioner under § 33.1-353 or on a highway or street in a county havingthe county manager form of government, the Commissioner shall delegate theadministration of this section to that locality and, if so delegated, thelocality shall apply the provisions of this section.
5. If there are plant materials in the public right-of-way that are part of alocal beautification project, the Commissioner or the locality, as the casemay be, may include a requirement, in accordance with the provisions ofsubdivisions 4 through 7, that, as a condition of the issuance of avegetation control permit for selective pruning, the applicant submit alandscaping plan, showing how the applicant will relocate or replant thevegetation obstructing the motorists' view from the main traveled way of thehighway or street of signs displayed on outdoor advertising structures, inlieu of the selective pruning of such plant materials. For purposes of thissection, "local beautification project" means any project in a localitythat includes installation of plant materials, using public or other funds,in any public right-of-way within a city or town or on a highway or street ina county with the county manager form of government. In the absence of theexistence of a local beautification project in the area within the scope ofthe selective pruning application, no landscaping plan requirement shall beimposed on the applicant.
6. If subdivision 5 is applicable, the applicant shall pay the reasonablecosts of implementing the landscaping plan, which may include but not belimited to, relocating existing plant materials, purchasing new replacementplant materials, and planting vegetation that will not grow to a height orposition in the future so as to obstruct motorists' view from the maintraveled way of the highway or street of signs displayed on outdooradvertising structures, as otherwise set out in the landscaping plan.
7. The provisions of subdivisions 4 through 7 shall apply to any localbeautification project installed prior to July 1, 2006. On and after July 1,2006, the locality shall not plant materials that obstruct motorists' viewfrom the main traveled way of the highway or street of signs displayed onoutdoor advertising structures.
8. Any application for vegetation control in compliance with this sectionsubmitted to the Commissioner shall be approved within 60 days of submissionor shall be deemed approved. Any application for vegetation control incompliance with this section submitted to any city or town or on a highway orstreet in a county with the county manager form of government shall beapproved within 60 days of submission or shall be deemed approved. Thelocality may impose conditions in approval of the landscaping plan consistentwith this section and the regulations promulgated thereto. If the locality isnot satisfied that the landscaping plan submitted by the applicant complieswith this section, the locality may appeal to the Commissioner prior to theexpiration of the 60-day period from the date of submission. If the applicantobjects to the conditions imposed by the locality as part of the approval ofthe landscaping plan, the applicant may appeal to the Commissioner within 10days after the final action by the locality. The appealing party shall submita written appeal to the Commissioner, stating the reasons for such appeal,along with a fee of $400. The Commissioner shall review the landscaping planand the reasons for the appeal and shall issue a determination in accordancewith this section within 30 days after filing of the appeal, whichdetermination shall be binding upon the applicant and the locality.
9. Upon issuance of a vegetation control permit in accordance with thissection, the applicant shall give written notice, at least seven days inadvance of any site work, as authorized by the permit, of the date and timeof the commencement of the site work as approved by the permit. Such writtennotice shall be given to the Commissioner unless the public right-of-way iswithin the jurisdictional limits of a city or town on a highway or street notwithin the jurisdiction of the Commissioner under § 33.1-353, in which case,the written notice shall be given to the local government official whoapproved the permit.
10. Any person found by a court of competent jurisdiction to have violatedany provision of this section, any regulation adopted pursuant to thissection, or any permit issued under this section, shall, in addition to thepenalties provided in § 33.1-377, be prohibited by the court from applyingfor any other permit under this section for a period of not more than fiveyears.
(1998, cc. 525, 540; 2006, cc. 512, 543.)