Rule Chapter 14-40, F.A.C., is being amended for clarification of language, including changing “vegetation management” zones to “view” zones, a term that is defined in Section 479.106, Florida Statutes. Also, revised figures 2 and 3 replace the ...

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-40.003: Highway Landscape Projects
14-40.020: Grant Application Process
14-40.022: Florida Highway Beautification Council Grant Award Process
14-40.023: Funding, Construction, and Maintenance of Beautification Projects
14-40.030: Application and Permit Issuance
PURPOSE AND EFFECT: Rule Chapter 14-40, F.A.C., is being amended for clarification of language, including changing “vegetation management” zones to “view” zones, a term that is defined in Section 479.106, Florida Statutes. Also, revised figures 2 and 3 replace the existing figures 2 and 3, and a revised Application to Permit Vegetation Management at Outdoor Advertising Sign, Form 650-050-06, is incorporated by reference. References to the Florida Highway Beautification Council are changed from “FHBC” to “Council.”
SUMMARY: Rule Chapter 14-40, F.A.C., is being amended and a revised application form is incorporated by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 337.2505, 339.2405 FS.
LAW IMPLEMENTED: 334.044(25), 335.167, 337.2505, 337.405, 339.24, 339.2405, 479.106 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 22, 2008, 1:00 p.m.
PLACE: Department of Transportation, Haydon Burns Building, 605 Suwannee Street, Room 250 (Suwannee Room), Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: James C. Myers, Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

14-40.003 Highway Landscape Projects.

(1) Department Authorization Required. No landscaping may be altered, removed, or installed on the Department’s right of way by any person without written authorization by the Department pursuant to this Rule Chapter. All requirements for restoring the Department’s right of way and highway landscape projects, where such restoration is made necessary by the construction or maintenance of utilities, are specified in the Utility Accommodation Manual, incorporated by reference under Rule 14-46.001, F.A.C. Requests to remove, cut, or trim, vegetation that screens outdoor advertising signs for which outdoor advertising sign permits have been issued pursuant to Chapter 479, F.S., must be made in accordance with Part III of this Rule Chapter.

(2) Definitions.

(a) “Abutting Private Property Owner” means any person or entity having lawful control of land which adjoins, or is contiguous to, Department non limited access right of way.

(b) “Department” means the Florida Department of Transportation.

(c) “Highway Landscape Project” means any planned or actual landscape or landscaping on Department right of way, including construction or installation, planning, beautification, and maintenance thereof, by a local government entity, non governmental entity, or abutting private property owner.

(d) “Landscape” or “Landscaping” means any vegetation, mulches, irrigation systems, and any site amenities, such as, street furniture, decorative paving, fences, and lighting (excluding public utility street and area lighting).

(e) “Local Governmental Entity” means as defined in Section 11.45(1)(e), F.S.

(f) “Non Governmental Entity” means any person or organization, other than a governmental entity, who seeks approval of a highway landscape project.

(g) “Screen” or “Screening” means the planting or installation of any vegetation or other landscape material which will reach a height greater than the height of the bottom of the lowest sign face, as viewed from a height of 3.5 feet above the roadway surface at the edge of the travel lane closest to the outdoor advertising sign.

(h) “View Zone” means as defined in Section 479.106(6), F.S.

(3) Approval Criteria.

(a) Approval is based on review of a complete set of landscape plans. The District Landscape Architect Manager can be consulted during preparation of landscape plans. The following plan preparation guidelines must be used:

1. Project data must be included on sheet 1 of the plans, and must include a location map with beginning and end of project mile posts, index of plans included in the set, state road number, local government and contact information, and name and address of the person and firm who prepared the plans.

2. Plans must be drawn to scale, exhibiting an accurate and legible representation of existing conditions (above and below ground), and all proposed work. Plans must show all dimensions necessary to demonstrate compliance with this rule. If there is a baseline survey or centerline of construction, station points must be used. If there is no baseline survey or centerline, dimensioning must be from a fixed point. All dimensions must be noted in English system measurements (inches, feet, yards, miles, etc.). Plans must be drawn at no less than 100 scale (1 inch =100 feet) on 24 inch by 36 inch or smaller sheets (folded, not rolled). Computer generated plans must use 11 inch by 17 inch sheets. Plans must contain a graphic scale and north arrow with standard orientation on each plan sheet, and reference the state road number, section number, milepost, and local street names. Plans must also include curbs, edge of pavement, edge of travel lanes, guardrails, right of way fence and/or right of way lines, sidewalks, intersections, median breaks, driveways, bike lanes, transit facilities, surveying monuments, signs, view vegetation management zones of permitted outdoor advertising signs, lighting, traffic signals, other traffic control devices, drainage features, limits of clear sight, set backs and clear zone limits, existing off site features and conditions which affect or are affected by the project, easements, above and below ground utilities, and all existing vegetation. Details and text must be large enough to be legible on all plan sheets.

3. Only Bblackline, blueline, or xerographic reproductions will be accepted for the review process. Electronic files will be accepted when requested by the Department.

4. All proposed landscaping must be identified on the plans. For all plants, give the following information in tabular form:

 

Common Name

Botanical Name, including variety or cultivar

Quantity

Size when installed (height, caliper, spread, container size, clear trunk, multi-trunk, or any other descriptive aspect of the desired plants)

Maximum maintained or typical mature height, spread, and trunk diameter of normal mature plant specimens measured 6 inches above the ground.

Specifications (written and/or graphic)

 

5. The approval of landscape plans requires a work zone traffic control plan in accordance with FDOT Design Standard 600, and the Manual on Uniform Traffic Control Devices as incorporated by reference under Rule 14-15.010, F.A.C.

6.5. A comprehensive maintenance plan for all proposed landscaping must accompany the plans. This may be on a separate set of plans or documents. Special maintenance requirements for the plant establishment period must be noted. The intent of design elements, such as to screen a view, maintain a clear sight distance, or assist with water retention, must be included in a description of the project, accompanied by a written or graphic guide describing the performance requirements of the entity responsible for maintaining the project as to the maintenance which will be provided to the plants and other areas within the project limits. The maintenance plan must include requirements necessary to maintain and manage sight distance, horizontal and vertical clearance, accessibility, plant health, form, height and spread, mulch thickness and cover, edges, weeds and litter, irrigation system(s), hardscape, lighting, benches, and site amenities, and any other requirements necessary for the design intent to be fulfilled. The maintenance plan must include a work zone traffic control plan, and define the limits of the mowing and litter control that will be performed as part of the landscape project. When the landscape project is to be maintained by the Department, a maintenance cost estimate based on anticipated scheduled maintenance activities must be an attachment to the plans. Maintenance details and specifications must include the following:

[Editorial Note: Delete entire table.]

 

Mowing schedule and height of grass, along with physical depiction of the limits of the mowing that will be performed as part of the landscape project.

Fertilizing schedules, formulas, rates, and methods of application.

Weeding/edging schedule and method: chemical, mechanical, or manual.

Herbicide schedules, formulas, rates, methods of application, special instructions, and precautions.

Pruning schedule and methods. In order to have safe, healthy, and aesthetic plants, and to maintain limits of clear sight, special attention must be given to changes in the schedule due to the maturity and size as trees and shrubs grow.

Mulch materials, thickness, and replacement frequency.

Irrigation schedule, supply source, and method of application.

Special care required for any hardscape materials, lighting, signage, benches, or other site amenities.

Litter pick-up and removal schedule (prior to mowing cycle or as needed).

A work zone traffic control plan (if necessary) for installation and maintenance of the project.

An estimate of manpower and equipment required to achieve an acceptable level of maintenance.

 

6. As-built plans, or a summary of changes, are required for all landscape projects.

7. Plans prepared by or for Department highway landscape projects must be signed and sealed by a registered landscape architect.

(b) No planting or installation of vegetation or other landscape material for landscape projects, or issuance of permits for such planting or installation, including construction and beautification projects, is allowed on Department right of way which screens or which, when mature, will screen an outdoor advertising sign permitted under Chapter 479, F.S. This prohibition applies to outdoor advertising signs exempt from Department permitting requirements that are on the state highway system and located within incorporated municipalities. This prohibition applies to all landscape, construction, and beautification projects on Department right of way regardless of the source of funds for the project, except for landscape projects approved by the Department prior to the date of the original, state sign permit for the sign. For purposes of this rule, a landscape, construction, or beautification project is approved when it is specifically identified in the Department’s five year work program, is a permitted landscape project, is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government.

1. Screening is prohibited within a view permitted vegetation management zone, as defined in paragraph 14-40.030(1)(d).

2.   When a landscape project Where there is no permitted vegetation management zone for an outdoor advertising sign, the landscape architect will notify the sign permittee that a highway landscape project is proposed within 1,000 feet approaching a permitted outdoor advertising sign which does not have an approved application for vegetation management, the landscape architect of record will notify the sign permittee at the address provided in accordance with subsection 14-10.011(2), F.A.C., that the view zone. The sign permittee has will have 30 days to submit an Application to Permit for Vegetation Management at Outdoor Advertising Sign, Form 650-050-06, Rev. 08/07, incorporated herein, in accordance with Part III of this rule chapter, that proposes the specific location of a view vegetation management zone (See Part III). The screening prohibition in 1. above will apply upon approval of the Permit for Vegetation Management at Outdoor Advertising Sign. If an aApplication for Vegetation Management is has not been submitted by the sign permittee within 30 days of notification, screening will be prohibited as described in paragraph 479.106(6)(b), F.S., wherever the sign face is not screened within the view zone, beginning at Terminus A and extending along the outside travel lane edge in advance of the sign until the sign face is not screened for a total of 500 feet. Contact information for any permitted sign may be obtained by contacting the State Outdoor Advertising Administrator, Florida Department of Transportation, 605 Suwannee Street, MS 22, Tallahassee, Florida 32399-0450.

3. The limits of the screening prohibition may be adjusted pursuant to a written agreement between the sign permittee and a local governmental entity.

(c) A local governmental entity may request approval to alter, remove, or install landscaping on the Department’s right of way through submission of a landscape plan. After review by the Department, and the making of any necessary revisions by the local governmental entity, the Department will prepare a written agreement requiring the local governmental entity to properly construct and maintain the landscape project. The landscape plan will become Exhibit A to the agreement. If separate, the maintenance plan as described in subparagraph (3)(2)(a)6.7. will become Exhibit B of the agreement. When the agreement is executed, and a Notice to Proceed is issued by the Department, the local governmental entity may proceed with the project.

(d) Non-governmental entities may seek approval to alter, remove, or install landscaping on the Department’s right of way through submission of a landscape plan, and a resolution from the appropriate local government that commits the local government to execution of an agreement to properly construct and maintain the landscape project as described in paragraph (c) above.

(e) An abutting private property owner is not required to comply with paragraph (3)(d) of this rule and may apply for a permit to alter or install landscape materials on the Department’s non limited access right of way directly abutting the owner’s property between the right of way line and the nearest edge of pavement through submission of a Permit for Landscaping on State Road Right of Way, Form 650-050-09, Rev. 01/06, which is incorporated herein by reference and is available at any Department Office or on the Department website at: www.dot.state.fl.us/emo. When public safety, operation of the transportation system, or the quality of the environment is jeopardized, the District Landscape Architect will require aAbutting private property owners to must submit for approval a landscape plan, maintenance plan, and work zone traffic control plan.

(f) Non-governmental entities or abutting private property owners seeking approval to install landscaping on the Turnpike right of way shall submit a completed Form 650-050-09 to the District Landscape Architect Manager, Florida’s Turnpike Operations Center, P. O. Box 9828, Fort Lauderdale, Florida 33310, telephone [phone]. The application must be accompanied by a landscape plan, maintenance plan, and work zone traffic control plan.

(g) Approval will only be granted when it is determined that all plans meet the requirements of this rule. No permit will be issued to an abutting private property owner to provide visibility of such property through the cutting, trimming, or removal of trees, shrubs, or herbaceous plants.

(4) Government Approvals. If the proposed highway landscape project is to be located on an Interstate Highway facility, Federal Highway Administration (FHWA) review is required. Approval pursuant to this Part does not relieve the local governmental entity, non governmental entity, or abutting property owner of local or other jurisdictional requirements.

(5) Installation and Maintenance.

(a) All landscape installation or maintenance activities performed by a local governmental entity, non governmental entity, or abutting property owner on the Department’s right of way must be performed in conformity with the Manual on Uniform Traffic Control Devices (incorporated by reference under Rule 14-15.010, F.A.C.), Standard Specifications for Road and Bridge Construction, (incorporated by reference and available at any Department Office or on the Department website at: http://www.dot.state.fl.us/officeofdesign/ under Rule 14-85.004, F.A.C.), and the Roadway and Traffic Design Standards (incorporated by reference and available at any Department Office or on the Department website at: http://www.dot.state.fl.us/officeofdesign/ under Rule 14-85.004, F.A.C.).

(b) If an agreement exists between the Department and a local governmental entity for the maintenance of an existing median and grassed areas for the section of roadway for which a landscape project is proposed, and if the Department determines that such agreement obligates the local governmental entity to maintain the proposed project in accordance with the approved maintenance plan, the agreement will be applied to the maintenance of the landscape project. If the Department has previously agreed to provide funds for such maintenance, no increased compensation will be provided by the Department for maintenance of the landscape project.

(6) As-built plans, or a summary of changes are required for all landscape projects, and must be submitted to the District Office within 30 days of the project completion.

(7)(6) Donation of Landscape Projects. The Department will accept donations of plants, materials, installation, and maintenance for landscape projects on the State Highway System that meet the requirements of this rule. The donated landscape projects must substantially improve the appearance or manageability of the median or roadside. The agreement must stipulate that the sign and the landscape project may be removed by the Department for failure to meet the requirements of this Rule Chapter or the agreement. An agreement must be on file with the Department for the area in question before placement of the sign. Signs acknowledging donated landscape projects by an individual or entity may be erected on the right of way, when the donation includes installation and maintenance pursuant to an executed agreement. Such signs will remain in place for a term of five years, unless otherwise specified in the agreement. The sign must not contain commercial logos or trademarks. Signs will be placed at each end of the landscape project.

(a) Interstate Highways: The sign acknowledging donation of landscape projects on the Interstate Highway System will be provided by the Department. This sign will be similar to the Adopt-a-Highway Program sign used by the Department, except that the word “landscaping” will be substituted for the words “litter control” and the colors will be green lettering on white background. The signs shall be installed and maintained by the Department.

(b) Arterial Highways: The approved sign design for arterial highways is depicted in Figure 1. The sign panel will be 18 inches tall and 24 inches wide with white background and green lettering, using lettering shown in Figure 1 and fabricated with non-reflective materials. The sign must be mounted on 4 inch by 4 inch pressure treated posts, or break away posts that meet or exceed the requirements of the Roadway and Traffic Design Standards (incorporated by reference under Rule 14-85.004, F.A.C.). The top of signs will be a maximum of no more than two feet above grade. Installation of signs is contingent upon an agreement with the appropriate local governmental entity. The approved sign panel(s) must be provided and replaced by the local governmental entity. Signs will be placed according to the approved landscape plan.

Specific Authority 334.044(2), 337.2505 FS. Law Implemented 334.044(26)(25), 335.167, 337.2505, 337.405, 339.24, 339.2405, 479.106 FS. History–New 9-22-92, Amended 1-19-99, 4-2-02, 5-22-05, 2-8-06,________.

 

PART II FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANTS

14-40.020 Grant Application Process.

(1) Purpose. The Department may provide grant assistance for highway beautification projects in accordance with Section 339.2405, F.S., to a local governmental entity or a local highway beautification council.

(2)(1) Definitions.

(a) “Agreement” means the contract between the Applicant and the Department setting forth the terms of the grant.

(b) “Applicant” means a local governmental entity, as defined in Section 11.45(1)(d), F.S., or a local highway beautification council as established in accordance with Section 339.2405(9), F.S.

(c) “Council” means the Florida Highway Beautification Council.

(d)(c) “Department” means the Florida Department of Transportation.

(d) “FHBC” means the Florida Highway Beautification Council.

(e) “Grant” means funds provided by the Department to Applicants, pursuant to this Rule Chapter.

(f) “Grant Application” means the Florida Highway Beautification Council Grant Application, Form 650-050-10, Rev. 01/04, incorporated herein by reference.  Copies of the grant application form and instructions for completing the grant application may be obtained from any Department Office or on the Department webbiest at: www.dot.state.fl.us/emo.

(g) “Grant Coordinator” means the Department District employee responsible for the FHBC grant program.

(3)(2) Grant Application.

(a) Grant applications for highway beautification grants from the FHBC must be filed and processed in accordance with this Rule Chapter. When preparing a grant application, applicants should meet and work with the Grant Coordinator on or about July 1, to give adequate time for review and revisions before the October 1, application deadline.

(b) Previous recipients of grants are eligible to submit a grant application if their previous FHBC grant projects are maintained according to the terms of previous agreements.

(a)(c) Applicants must submit grant requests on a completed grant application to the Grant Coordinator having jurisdiction over the state highway on which the beautification project is proposed. Grant applications must be accompanied by the following supporting documents: location map, photographs of existing conditions, one page written project narrative, written or graphic conceptual plan (in accordance with Part I of this Rule Chapter), one paragraph descriptions of each evaluation attribute, photographs or sketches of examples of proposed improvements, list of proposed plant species (scientific and botanical names) and anticipated quantities, anticipated maintenance schedule, proposed means of providing supplemental water, project schedule, and resolutions required in section (e)(g) below.

(b) The grant application deadline is October 1 for the next fiscal year which begins on July1. When preparing a grant application, applicants should meet and work with the Grant coordinator on beginning three months or more in advance of the deadline, to give adequate time for review and revisions. Any incomplete or late filed applications will not be accepted. Grant applications for highway beautification grants from the Council must be filed and processed in accordance with this rule chapter.

(c)(d) In order for the Council FHBC to consider a grant application for the following any Department fiscal year, ten paper copies or electronic file copies of the completed grant application and supporting documents must be received by the Grant Coordinator by October 1 of the Department fiscal year.  When requested by the Grant Coordinator, additional copies will be provided.  Incomplete grant applications, or grant applications that do not comply with state or federal regulations, will be returned to the applicant.  An applicant may amend and resubmit any returned grant application by the October 1 deadline.

(e) In accordance with Section 215.01, F.S., the Department’s fiscal year begins on July 1 and ends on June 30.

(d)(f) Applicants may submit an unlimited number of grant applications, for any number of project sites. The Grant Coordinator will note on the application if the applicant previously received Council grants and if previous projects were maintained in accordance with the terms of prior agreements.

(e)(g) The applicant’s governing body must have passed a resolution approving the grant application and authorizing the individual who signs the grant application for the applicant to execute agreements and documents associated with the grant. A copy of such resolution must be included with the application.

(f) Applicants are encouraged to submit grant applications for projects supported with equal (50 percent) matching funds or in kind contributions from other sources. Design fees up to 10 percent of the grant amount may be considered towards the applicant’s match.

Specific Authority 339.2405 FS. Law Implemented 339.2405 FS. History–New 1-19-99, Amended 11-22-01, 3-20-03, 8-10-03, 12-23-03, 2-8-06,_________.

 

14-40.022 Florida Highway Beautification Council Grant Award Process.

(1) The Council shall meet semiannually, or more often if needed to consider all grant applications submitted by each Grant Coordinator.

(2)(1) The Council FHBC will consider all grant applications submitted by each Grant Coordinator.

(a) The Council FHBC will evaluate the applications based on the following attributes:

1. Aesthetic value and imaginative conceptual design.

2. Level of local support and community involvement.

3. Cost effectiveness.

4. Feasibility of installation and maintenance.

5. Contribution to improvement of environmental conditions, including litter prevention, erosion control, visual screening, and noise abatement.

6. Use of Florida native wildflowers, and diversity of other desirable native, hybrid native, or noninvasive plant species.

7. Emphasis on low maintenance and water conservation.

8. Use of recycled materials such as mulch, reuse water, or solid yard waste compost.

9. Contribution to an area wide or regional beautification plan.

10. Value to the community.

(b) The Council FHBC will assign a numerical score to each application by:

1. Reviewing each grant application and assigning a numerical score using the established range of 0 to 10 points for each attribute for a total possible score of 100 points.

2. Totaling all the attribute scores for a total application numerical score.

(c) Grant applications will be ranked in priority by numerical score, the highest numerical score being ranked the highest priority.

(3)(2) The Council FHBC will provide the Department Secretary with a list of prioritized grant applications, with recommended funding levels, and conditions for grant awards.

Specific Authority 339.2405 FS. Law Implemented 339.2405 FS. History–New 3-9-99, Amended 11-22-01, 3-20-03, 8-10-03, 12-23-03, ________.

 

14-40.023 Funding, Construction, and Maintenance of Beautification Projects.

(1) Award of Grants.

(a) The Secretary will award grants in the order they appear on the Council’s prioritized list and in accordance with available funding. Each grant will be limited to a maximum of 10% of the total Department’s beautification FHBC grants budget. Applicants are encouraged to submit grant applications for projects supported with equal (50%) matching funds from other sources. Other match percentages will be considered.

(b) Official notice of each grant award will be made by the Department by certified mail to the applicant named in the grant application.

(c) To accept a grant, an applicant must send a letter of acceptance by certified mail to the Grant Coordinator within 15 days from the date of receipt of the offer of the award.

(d) Funds will be released by the Department when agreements are executed, the project is constructed as per plans approved by the Department (see Part I of this Rule Chapter), there is written final acceptance by the Department, and receipts for grant expenses are reviewed and approved by the Department.

(e) All funding of grants is contingent upon legislative appropriations.

(2) Execution of Agreements.

(a) Agreements associated with the grant must be executed within one year from date of the letter of acceptance, and meet the requirements of paragraph 14-40.003(3)(c), F.A.C. Failure to execute the required agreements will result in the grant award being withdrawn. Future grant applications from an applicant who fails to comply with this subsection will not be accepted for a period of two fiscal years.

(b) The agreement(s) between the applicant and the Department must state:

1. The intended use of the grant, as described in the grant application.

2. The payment terms for the grant (e.g., lump sum reimbursement or progress payments for long term work).

3. Any actions which the Department will take in the event of noncompliance by the applicant.

4. The methods to be used by the Department to determine compliance with the terms of the agreement.

(c) The individual(s) who sign the agreements on behalf of the grant applicant, or the grant applicant’s designee, shall certify that the project is implemented as specified in the agreements, and shall provide a certification of completion before the final invoices are submitted for the project.

Specific Authority 339.2405 FS. Law Implemented 339.2405 FS. History–New 3-20-03, Amended 8-10-03,________.

 

PART III VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING SIGNS

14-40.030 Application and Permit Issuance.

(1) Permit Required.

(a) No person or entity may remove, cut, or trim, trees, shrubs, or herbaceous plants on the Department’s right of way to make visible or to ensure future visibility of off-premise outdoor advertising signs without Department approval of an Application to obtaining a Permit for Vegetation Management at Outdoor Advertising Sign, Form 650-050-08, Rev. 08/07 07/97, (Application) which is incorporated herein by reference, pursuant to this Rule Chapter. For purposes of this rule, the use application of chemical control constitutes removing, cutting, or trimming, depending on the impact on the tree, shrub, or herbaceous plant. Department approval is A Permit for Vegetation Management at Outdoor Advertising Sign may be requested by submitting a completed Application for Vegetation Management at Outdoor Advertising Sign, Form 650-050-06, Rev. 01/02, which is incorporated herein by reference, to the Department District Maintenance Engineer or designee with responsibility for the segment of state road to which the subject sign is permitted. Alternatively, the Application for Vegetation Management at Outdoor Advertising Sign may be submitted to the State Outdoor Advertising Administrator, with an application for a new sign permit. Form 650-050-06 is available at any Department Office or on the Department website at: www.dot.state.fl.us/emo.  This rule does not apply to requests to trim or remove vegetation that screens on-premise signs.

(b) An Application for Vegetation Management at Outdoor Advertising Sign must be submitted by the outdoor advertising sign permit holder. A separate Aapplication is required for each sign facing. The vegetation management plan and appraisal, described in paragraph (c), shall both be prepared by a qualified individual. Qualified individuals shall be one of the following: 1. aAn International Society of Arboriculture (ISA) Certified Arborist with Advanced Training in Roadside Vegetation, or an individual with equivalent credentials from a nationally recognized arboricultural organization, or a 2. A landscape architect registered pursuant to Chapter 481, Part II, F.S.

(c) The Aapplication shall contain:

1. The name, address, telephone number, facsimile number, and E-Mail address if available, of the applicant; the Department’s current outdoor advertising sign tag number; the sign permit holder’s sign face number; and the notarized signature of the applicant’s authorized representative.

2. The applicant’s vegetation management plan (plan).  The plan shall be for a period of not less than two years and not greater than five years. The plan shall include a plan for removing vegetation within the view vegetation management zone, cutting (removing or altering more than one quarter of any plant’s height, spread, or density of branches), or trimming (the shaping or pruning of less than one quarter of any plant’s height, spread, or density of branches). The vegetation management plan shall be a graphic and written document that describes the removal, cutting, trimming, planting, fertilizing, mulching, irrigation, and desired condition and appearance of existing and proposed vegetation, including a plan for disposal of debris, and a schedule and description of the intended vegetation management method(s) within the vegetation management zone. All vegetation management proposed in the plan shall be in accordance with this rule and Rule 14-40.003, F.A.C. A vegetation management plan will not be required for applications submitted exclusively to establish the location of a view zone or to cut, trim, or remove vegetation that would be removed as part of the Department’s routine maintenance.

3. Color photographs of the sign and entire view zone taken within six weeks prior to the application being made to the Department.  The photographs and accompanying drawings must depict a clear representative overview of the vegetation to be removed, cut, or trimmed.

4. A photocopy of the qualifying credentials of the person preparing the vegetation management plan, and appraisal for mitigation, if mitigation is required.  If herbicides will be used, the application must include a photocopy of the applicator’s license in three categories (core curriculum, right of way, and aquatic) by the Florida Department of Agriculture and Consumer Services.

5. An itemized appraisal of the mitigation value of vegetation to be removed, cut, or trimmed, if mitigation is required.

6. A non-refundable application fee of $25.00. The non-refundable Aapplication fee shall be a total of  $200.00 for more than eight applications submitted simultaneously, providing that they are within the same Department District. If payment is by check, the fee submitted with an Application for Vegetation Management at Outdoor Advertising Sign must be paid separately from fees for other types of permits. The approved application, including any conditions stated therein, and the approved vegetation management plan, shall become part of the permit. The permit, issued by the Department, shall allow vegetation management within the vegetation management zone for the duration of the approved vegetation management plan. After approval, the permittee must give the Local Maintenance Engineer a minimum of two working days notification prior to all permitted vegetation management activity on the Department’s right of way, unless otherwise stipulated as a special provision of the permit.

(d) An approved Application will serve as a permit, and Permit for Vegetation Management at Outdoor Advertising Sign authorizes the permittee to remove, cut, or trim trees, shrubs, or herbaceous plants only as provided in the approved plan permit, and only within an approved view vegetation management zone, which will be determined as follows:

1. The approved view vegetation management zone shall meet the requirements of Subsection 479.107(6)(b), F.S. be based on a continuous or cumulative 500 foot linear distance along the edge of the travel lane within the 1,000 foot linear view zone (as described below), all within the Department’s right of way (see Figures 2 and 3).

2. A sign facing shall have only one view zone, and only within the Department’s right of way of the roadway to which the sign is permitted.

a. The view zone for a right-view sign (see Figure 2) is a four sided nearly triangular area with the critical dimensions of 350 feet for posted speed limits of 35 miles per hour or less, or 500 feet for posted speed limits over 35 miles per hour measured along the right edge of the nearest travel lane on the same side of the highway to which the sign is permitted., which has:

(I) Terminus A, the point on the edge of the travel lane immediately opposite the edge of the outdoor advertising sign face closest to the highway;

(II) As terminus B, the point measured along the edge of pavement 1,000 feet in the direction from which the sign is viewed; and

(III) As a terminus C, the point on the edge of the sign face which is furthest from the road.

b.  The view zone for a left-view sign (see Figure 3) is a four sided area with the critical dimension of 350 feet for posted speed limits of 35 miles per hour or less or 500 feet for posted speed limits over 35 miles per hour is shall be measured as above, except that terminus A and terminus B shall be measured along the left edge of the nearest travel lane on the other side of the highway centerline.

[Editorial Note: New Figures 2 and 3 replace the existing Figures 2 and 3 in the Florida Administrative Code.]

 

c.  Areas within tThe median area will be included in an approved for vegetation management zone only for left-read signs legally erected before January 19, 1999, and only as necessary to maintain the view of that sign across the median as it existed before January 19, 1999.  Vegetation within the pre-existing view zone that could not be managed prior to the adoption of this rule may be managed to restore visibility in accordance with this rule.

(e) An Application will not be approved No Permit for Vegetation Management at Outdoor Advertising Sign will be issued:

1.  For applications that are incomplete;

2. For vegetation control to enhance the view of an outdoor advertising sign which does not have a currently valid state permit.

3.  For mowing (nonselective mechanical or chemical control of vegetation) of grass or other vegetation.   Mechanical mowing, to a minimum height of 6 inches, will be permitted when no other means of vegetation management is practicable to control vegetation that screens or is likely to screen a sign face.

4.  To make a sign visible for more than the distance allowed by Section 479.106(6), F.S. 500 feet within a view zone.

5. To remove, cut, or trim, vegetation that has established historic, cultural, economic, environmental, or aesthetic significance.  Such vegetation would:

a. Form an important part of the setting or landscaping for an historic structure;

b. Possess historic significance through a direct association with an event or person important in history;

c. Contribute strongly to the historic character as well as visual appeal of an historic structure or district;

d. Screen historic structures or residential property from traffic congestion;

e. Serve as memorials;

f. Be directly descended from historically significant trees or plants;

g.  Be listed on the National Register of Historic Places, the State Register of Historic Sites, or local historical registries;

h. Be the only vegetation in the immediate vicinity, such that removal would leave the area barren of any substantial trees;

i. Have reached an age, size, or shape that it is known to be a local landmark; or

j. Be in the immediate vicinity of a roadway that has been lined with trees for  a lengthy period of time where removal of such vegetation would significantly diminish the “tree lined” character of the roadway;

6. To remove, cut, or trim, trees, shrubs, or herbaceous plants that are protected by state law.

7. To remove, cut, or trim trees, shrubs, or herbaceous plants in violation of provisions of Section 479.106(5), F.S.

7.8. To remove, cut, or trim trees, shrubs, or herbaceous plants, when the Department has determined that the proposed vegetation management will significantly disrupt natural systems, roadside aesthetics, or have other negative impacts on the operation of the highway.

8.9. To create a new view zone by removing, cutting, or trimming existing vegetation for any sign originally permitted after July 1, 1996, unless the applicant removes at least two approximate comparable size nonconforming signs under valid permits issued pursuant to Section 479.07, F.S., and surrender the permits to the Department.

9.10. To remove, cut, or trim trees that have a circumference, measured at 42 feet above grade, equal to or greater than 70% of the circumference of the Florida Champion of the same species as listed in the Big Trees, The Florida Register, Florida Native Plant Society, 1997, which is incorporated herein by reference, and available at many public libraries in Florida, and at on-line bookstores.

10.11. To remove, cut, or trim trees, shrubs, or herbaceous plants in violation of provisions of Section 479.106(5), F.S.  This applies to vegetation that is part of a beautification project, when the project was approved prior to the permitting of any sign originally permitted after July 1, 1996.  For the purpose of this rule, beautification projects include landscape projects, mitigation projects, and restoration projects.  For the purpose of this rule, a beautification project is approved when it is specifically identified in the Department’s five-year work program, or is a permitted landscape project, or is part of an executed agreement between the Department and a local government, or has been approved in writing by the Department for installation at a later date by a local government.

(f) Applications will be reviewed and approved or denied within 90 days of receipt of a completed application.  The Department will notify the applicant of any apparent errors or omissions and request any additional information within 30 days of the receipt of an application. When an application is denied, no application fee will be charged for a revised application submitted within 90 days after the date shown on the notice of denial.

(g) An approved Application (permit) is Permit for Vegetation Management at Outdoor Advertising Sign is valid for the term of the proposed vegetation management plan (two to five years), as represented in on the plan unless Application of Vegetation Management at Outdoor Advertising Sign and the permit.) tThe Department establishes a different will determine the expiration date on the of any pPermit for Vegetation Management at Outdoor Advertising Sign, based on the safety of all users of the Department’s right of way, and the need to avoid conflict with other permitted activities on the Department’s right of way, or changes in roadside conditions.

(h) After approval, the permittee must give the Local Maintenance Engineer a minimum of two working days notification prior to all permitted vegetation management activity on the Department’s right of way, unless a different time period is listed as a special condition of the permit.

(i)(h) Permit holders are responsible to track the expiration date of the permit.  When a pPermit has expired for over 30 calendar days, changes are proposed, or previous permit conditions were not met, for Vegetation Management at Outdoor Advertising Sign expires, a new permit may be requested by submitting a new complete Application for Vegetation Management at Outdoor Advertising Sign in accordance with this rule.  When a permit is about to expire, or has expired within 30 calendar days of an application for a new permit at the same location, the conditions of the previous permit have been met, and there are no proposed changes to the previously approved vegetation plan; only the following will be required from the applicant:

1.  Cover letter to the District Maintenance Engineer in the Department District Office where existing permit was secured.  The cover letter must include a statement that the applicant will adhere to the conditions of the original permit and vegetation management plan.

2.  Completed application.

3.  Copy of the previous application that shows the District’s approval.

4.  Application fee.

(i) A permit placard (FDOT Form 650-050-08) must be displayed within the vegetation management zone in clear view from the main traveled way when vegetation management is in progress.

(2) Vegetation Management on the Right of Way.

(a) A copy of the entire approved Application and vegetation management plan must be on site and available for review by the Department when vegetation management is in progress.

(b)(a) All work performed pursuant to a Permit for Vegetation Management at Outdoor Advertising Sign shall follow the approved vegetation management plan.

(c)(b) Chemical control of vegetation is limited to the use of United States Environmental Protection Agency approved selective herbicides. Foliar application of herbicides is limited to the control of invasive exotic plants.

(d)(c) Within 10 working days after completion of the removal, cutting, or trimming of vegetation, a qualified individual, as described in paragraph (1)(b) above, must inspect the view vegetation management zone and adjoining right of way, and submit written notification to the District Maintenance Engineer or designee that the work is complete. The correspondence must indicate the extent and nature of any unauthorized removal, cutting, or trimming.

(3) Mitigation.  An applicant shall mitigate in accordance with this Rule Chapter for the impact to vegetation from removal, cutting, trimming, or accidental damage of vegetation on the Department’s right of way.

(a) Mitigation is required:

1.  Where cutting or trimming of, or damage to vegetation permanently detracts from the appearance or health of trees (including palm trees), shrubs, or herbaceous plants, or where cutting and trimming of trees or shrubs is not done in accordance with the standards set forth in the following documents:  American National Standards Institute Tree Shrub and Other Woody Plant Maintenance‑Standard Practices, 1995, and Fertilization, 1998, Publication #A300 (Part 2), and Tree‑Pruning Guidelines authored and published by the International Society of Arboriculture, 1995, which are hereby incorporated by reference.  Copies of these publications are available for purchase from the International Society of Arboriculture, Post Office Box GG, Savoy, Illinois 61874‑9902, phone (217)355‑9411, Fax (217)355‑9516, or on the Internet at www.flaisa.org.  This requirement does not apply to the cutting or trimming of, or damage to invasive exotic plants (plants listed by the Florida Department of Environmental Protection Rule Chapter 62C-52, F.A.C., Aquatic Plant Importation, Transportation, Non-Nursery Cultivation, Possession, and Collection, and plants listed by the Florida Department of Agriculture and Consumer Services, Rule Chapter 5B-57, F.A.C., Introduction or Release of Plant Pests, Noxious Weeds, Arthropods, and Biological Control Agents, or other plant species determined by the Department to be a nuisance to natural habitats or agriculture, or to have an adverse effect on the maintenance or safety of the Department’s right of way).

2. Where trees taller than the surrounding shrubs and herbaceous plants are permanently damaged or removed.

3.  Where trees or shrubs of a species that are not likely to grow to interfere with the visibility of displays are damaged or removed.

4. Where trees or shrubs of a species that are likely to grow to interfere with the visibility of displays are trimmed improperly, permanently damaged, or removed.

5. Where herbaceous plants are permanently damaged.

(b) Where mitigation is necessary, the applicant will provide with the Application for Vegetation Management an appraisal prepared by a qualified individual as defined in paragraph (1)(b) using the appropriate appraisal method found in Determining the Mitigation Value of Roadside Vegetation, Florida Chapter of the International Society of Arboriculture, 2000, which is incorporated herein by reference. Copies of this document can be obtained by contacting the International Society of Arboriculture as listed in subparagraph (3)(a)1., above. Pending approval by the Department, the appraised value of the vegetation to be cut and removed will be the required mitigation. Approval is based on completeness and accuracy of mitigation calculations.

1. The mitigation may be paid as a fee (Option 1) equal to the amount of the mitigation appraisal prepared in accordance with paragraph (b) of this rule. Mitigation fees must be paid to the Department prior to approval of an Application issuance of a Permit for Vegetation Management at Outdoor Advertising Sign.

2. The permittee may design and build a mitigation project equal to the appraised value, at an approved location within the right of way (Option 2). Applicants must contact the District Landscape Architect Manager when preparing to develop a mitigation plan. For mitigation projects, the applicant must submit a mitigation plan which, in addition to the requirements of this rule, meets the requirements for landscape plans in Rule 14-40.003, F.A.C., to the Department for approval.  Mitigation projects must be designed to avoid additional maintenance costs by the Department.  The mitigation plan shall include a landscape plan, maintenance plan (including watering for establishment for a period of one year from the date of planting), and an estimated budget of all expenses to install, establish, and maintain the replacement vegetation.  The value of the completed mitigation project must be equal to or greater than the appraised value of the cut and removed vegetation.  When a mitigation project does not meet the required mitigation value, the balance is due to the Department as a mitigation fee.  When the mitigation plan is approved, the applicant may proceed to construct the mitigation project.  Failure to complete the mitigation project within six months after the vegetation is cut or removed will result in a penalty for unauthorized removal, cutting, or trimming as described in subsection (4) of this rule.  The permittee is required, at the permitee’s expense, to remove and replace any mitigation materials that have not survived in a healthy condition for the first full year after planting.  The replacement materials shall be of like size and variety as the replaced material, or may be other material proposed by the permittee, and determined by the Department, to be more likely to survive.  If the mitigation project is not restored to meet the permit requirements, the permittee is subject to enforcement of required mitigation and the penalty for unauthorized removal, cutting, or trimming.

(c) Mitigation is not required when trimming maintains a plant’s natural habit of growth, and is performed in accordance with professionally accepted arboricultural standards, cited in the documents previously referenced in subparagraph (3)(a)1. of this rule. Young trees (immature trees that are no taller than the surrounding shrubs and herbaceous plants) of species that upon their maturity are likely to interfere with the visibility of displays may be removed without mitigation. Invasive exotic plants may be removed without mitigation. Where the Department has determined that vegetation is diseased, or structurally damaged through no fault of the applicant, beyond a point where restoration is practicable, the vegetation may be removed without mitigation.

(d) Special Conditions Affecting Mitigation. The following additional provisions apply only to vegetation management pursuant to a permit issued under this rule:

1. Mitigation is not required for vegetation that the Department normally cuts or removes pursuant to its regular maintenance of the Department’s right of way.

2. Mitigation is not required for vegetation when the Department’s roadway plans explicitly show that the vegetation will be removed as part of the clearing and grubbing for a construction project designed and included in the Department’s five-year work program.

3. Mitigation is not required for vegetation that was installed within the approved view zone after July 1, 1996, so long as the sign was permitted prior to the installation of the vegetation.

(4) Unauthorized Removal, Cutting, or Trimming of Vegetation. Any person engaged in unauthorized removal, cutting, or trimming of vegetation in violation of Section 479.106, F.S., or who benefits from such action, is subject to a penalty of $1,000 per incident per sign facing and shall provide mitigation as required by subsection (3). For purposes of this subsection, the application of any chemical compound that kills or injures a tree, shrub, or herbaceous plant constitutes removal, cutting, or trimming.

Specific Authority 334.044(2), 337.2505(1) FS. Law Implemented 334.044(26)(25), 335.167, 337.405, 479.106 FS. History–New 1-19-99, Amended 2-7-02, 2-8-06,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeff Caster, State Transportation Landscape Architect, Environmental Management Office

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 11, 2008

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2008