RULE NO.:RULE TITLE:
14-10.057Application and Permit Insurance
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 215, November 4, 2019 issue of the Florida Administrative Register.
14-10.057 Vegetation Management Application and Permit Issuance.
(1) Permit Required.
(a) No change
(b) An Application must be submitted by the outdoor advertising sign permit holder. A separate application is required for each sign facing. The vegetation management plan and mitigation appraisal (if required), shall be prepared by a Certified Forestor, an 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 Landscape Architect registered pursuant to Chapter 481, Part II, F.S.
(c) No change.
(d) An approved Application to Permit Vegetation Management at Outdoor Advertising Sign will serve as a permit, and authorizes the permittee to remove, cut, or trim trees, shrubs, or herbaceous plants only as provided in the approved plan, and only within an established approved view zone, which will be determined as follows:
1. In accordance with The approved view zone shall meet the requirements of Section 479.106(6)(a) and (b) 479.107(6)(b), F.S. (see Figures 2 and 3). a view zone is established beginning at a point on the edge of pavement perpendicular to the edge of the sign facing nearest the highway and extending in the direction of approaching traffic, unless an alternative view zone is agreed upon in writing between the sign permittee and the Department’s District (Director of Operations) Maintenance Engineer or his/her designee in the District Office.
(e) An Application will not be approved:
1. through 7. No change.
8. To remove, cut, or trim trees that have a circumference, measured at 4 1/2 feet above grade, equal to or greater than 70% of the circumference of the National Champion or Florida Champion of the same species as listed by the Florida Department of Agriculture and Consumer Services at http://championtrees.freshfromflorida.com, and incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-11487 in the Big Trees, The Florida Register, Florida Native Plant Society, 1997, which is available at many public libraries in Florida, and at on-line bookstores. Posting of this manual for public inspection would violate federal copyright law. A copy is available for public inspection during regular business hours at the Florida Department of Transportation, Program Management Office, 605 Suwannee Street, Tallahassee, Florida.
9-10. No Change.
(f) through (h) No change.
(2) through (3) No change.
(4) 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) No change.
(b) Where mitigation is necessary, the applicant will provide with the Application to Permit for Vegetation Management at Outdoor Advertising Signs, an appraisal prepared by a qualified individual as defined in above in paragraph (1)(b) using the appropriate appraisal method found in Determining the Mitigation Value of Roadside Vegetation, effective January 1, 2020, which is incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-11489. The appraised value of the vegetation to be cut and removed will be the required mitigation subject to Department verification of the completeness and accuracy of mitigation calculations.
(c) No change.
1. through 2. No change.
3. Removal of any Category 1 plant in the Florida Exotic Pest Plant Council’s 2019 List of Invasive Plant Species, incorporated herein at https://www.flrules.org/Gateway/reference.asp?No=Ref-11488 and available at www.fleppc.org invasive exotic plants as listed by the Florida Department of Agriculture and Consumer Services, in Rule Chapter 5B-57, F.A.C., Introduction or Release of Plant Pests, Noxious Weeds, Arthropods, and Biological Control Agents, and Rule 5B-64.011 Prohibited Aquatic Plants may be removed without mitigation.
4. through 7. No change.
(5) No change
(6) The provisions of this rule chapter shall automatically expire on January 31, 2025, unless reviewed, determined to remain necessary, and readopted through the rulemaking process.
Rulemaking Authority 334.044(2), 479.02(7), FS. Law Implemented 334.044(26), 337.405, 479.106 FS. History–New 1-19-99, Amended 2-7-02, 2-8-06, 12-24-08,, . Formerly 14-40.030.
