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. 46 No. 135, July 13, 2020 issue of the Florida Administrative Register.
The changes are in response to comments by the Joint Administrative Procedures Committee in a letter dated July 27, 2020.
14-10.057 Vegetation Management 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 Permit Vegetation Management at Outdoor Advertising Sign, Form 650-050-06, Rev. 10/20 650-050-06, Rev. 09/08, which is incorporated herein by http://www.flrules.org/Gateway/reference.asp?No=Ref-12209 and available electronically at https://osp.fdot.gov pursuant to this rule chapter. For purposes of this rule, the use of chemical control constitutes removing, cutting, or trimming, depending on the impact on the tree, shrub, or herbaceous plant. Department approval is requested by submitting a completed Application to the Department District Maintenance Engineer or designee with responsibility for the segment of state road to which the subject sign is permitted. Alternatively, Tthe Application must may be submitted to the State Outdoor Advertising Administrator, at the address referenced in Rule 14-10.0011(2), F.A.C., of this rule chapter or through the on-line portal 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 that are not permitted by the Department pursuant to Section 479.07, F.S.
(b) No change.
(c) The Application Package shall contain the completed application and:
1. through 4. No change.
5.6. TheA non-refundable application fee isof $25.00. The non-refundable application 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 aApplication must be paid separately from fees for other types of permits.
6. No change.
(d) No change.
(e) An Application will not be approved:
1. through 9. No change.
10. To remove, cut, or trim trees, shrubs, or herbaceous plants within the right of way of a roadway section to which a sign is not permitted, or proposed to be permitted, or to remove, cut, or trim trees, shrubs, or herbaceous plants within the right of way outside of the 1,000 feet view zone parameter in Section 479.106(6)(b), F.S.
(f) through (h) No change.
(2) through (3) No change.
(4)(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) No change.
(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 above paragraph (1)(b) using the appropriate appraisal method found in Determining the Mitigation Value of Roadside Vegetation, Rev. 10/20, Florida Chapter of the International Society of Arboriculture, 2000, which is incorporated herein by reference at http://www.flrules.org/Gateway/reference.asp?No=Ref-12210Copies 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, Tthe appraised value of the vegetation to be cut and removed will be the required mitigation subject to Department verification of the Approval is based on completeness and accuracy of mitigation calculations.
1. through 2. No change.
(c) Mitigation is not required for the following activities:
1. through 2. No change.
3. Removal of iInvasive 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, F.A.C., Prohibited Aquatic Plants may be removed without mitigation.
4. through 7 No change.
(5) through (6) No change.
Rulemaking Authority 334.044(2), 337.2505(1), 479.02(7), 479.106(8) FS. Law Implemented 334.044(26), 335.167, 337.405, 479.106 FS. History–New 1-19-99, Amended 2-7-02, 2-8-06, 12-24-08,, . Formerly 14-40.030.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Denise Johnson, Deputy General Counsel, Florida Department of Transportation, 605 Suwannee Street, MS 58, Tallahassee, Florida 32399-0458, (850) 414-5265, denise.johnson@dot.state.fl.us.
