To clarify the provisions for requesting authorization to install, alter, or remove landscaping on Department right of way. To allow highway beautification grants to be used on areas outside Department right of way, provided it is visible to a ...

 

DEPARTMENT OF TRANSPORTATION

RULE NOS.:RULE TITLES:

14-40.003Highway Landscape Projects

14-40.020Grant Application Process

PURPOSE AND EFFECT: To clarify the provisions for requesting authorization to install, alter, or remove landscaping on Department right of way. To allow highway beautification grants to be used on areas outside Department right of way, provided it is visible to a state highway.

SUBJECT AREA TO BE ADDRESSED: Highway landscaping and beautification.

SUMMARY: Rule 14-40.003, F.A.C. is being revised to clarify the requirements for local governments, garden clubs, or abutting landowners to install, alter or remove landscaping on state highway right of way. Rule 14-40.020, F.A.C. is being revised to authorize matching highway beautification grants to be used for landscaping of local government property if the landscaping is visible to and would enhance the beauty of the state highways.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the rules do not impose an application or permit fee. Participation is voluntary.

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.

RULEMAKING AUTHORITY: 334.044(2), 337.2505, 337.405, 339.2405, FS.

LAW IMPLEMENTED: 334.044(26), 335.167, 337.2505, 337.405, 339.24, 339.2405, 479.106, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Susan Schwartz, Assistant General Counsel, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

14-40.003 Highway Landscape Projects.

(1) Department Authorization Required. Written authorization by the Department pursuant to this Rule is required for any person to alter, remove, or install landscaping 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. Whenever 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 causes the displacement of landscaping on the Department’s right of way, restoration will be conducted as 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 Rule 14-10.057, F.A.C. Part III of this rule chapter.

(2) Definitions.

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

(b) through (h) No change.

(3) Approval Criteria.

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

1. through 4. No change.

5. Landscape plans must include written specifications for materials and installation that equal or exceed the requirements of Section 580 of the FDOT Standard Specifications for Road and Bridge Construction, January 1, 2007, incorporated herein by reference.

6. Landscape plans must include graphic installation details and demonstrate that lateral offsets and sight distances at intersections will not be adversely impacted. that meet or exceed the requirements of Design Standard 544, Landscape Installation, of the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, 2008, incorporated herein by reference.

7. through 8. No change.

9. Plans must document conformity with sight distance requirements prescribed in FDOT Design Standard 546, Sight Distance at Intersections, of the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, 2008, incorporated herein by reference. Plans must also document conformity with clear zone and horizontal clearance requirements prescribed in FDOT Design Standard 700, Roadside Offsets, of the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System, 2008, incorporated herein by reference.

9.10. Plans prepared by or for Department highway landscape projects must be prepared by a person who meets meet the requirements of Chapter 481, Part II, F.S.

(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 also applies to outdoor advertising signs exempt from Department permitting requirements that are on the state highway system, and located within incorporated municipalities and not required to obtain a Department permit pursuant to s. 479.07(1), F.S. 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 an established a view zone.

2. When a 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 designer of record will notify the sign permittee at the address provided in accordance with rule subsection 14-10.011(2), F.A.C.,  that the permittee has 30 days to submit an Application to Permit Vegetation Management at Outdoor Advertising Sign, Form 650-050-06, Rev. 09/07, incorporated herein, in accordance with Part III of this rule chapter, that proposes the specific location of a view zone. If an application is not submitted by the sign permittee within 30 days of notification, screening will be prohibited as described in paragraph 479.106(6)(b), F.S.

3. The limits of the screening prohibition may be adjusted to greater than or less than the dimensions provided in section 479.106(6)(b), F.S. pursuant to a written agreement between the Department, sign permittee, and a local governmental entity. Such agreement must be transferable to all future sign owners.

(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. When public health, safety, and welfare, operation of the transportation system, or the quality of the environment may be jeopardized, the Department will require that plans be signed and sealed by a registered landscape architect. 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, including the entire landscape irrigation system. The landscape plan will become an exhibit Exhibit A to the agreement. If separate, the maintenance plan as described in subparagraph (3)(a)86. will become an additional exhibit 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) No change.

(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. 09/08, which is incorporated herein by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-05493 and is available at any Department Office or on the Department website at: www.dot.state.fl.us/projectmanagementoffice/beauty/beauty.shtm. 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 abutting private property owners to submit for approval a landscape plan, maintenance plan, and work zone traffic control plan.

(f) through (g) No change.

(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 private 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 private property owner on the Department’s right of way must be performed in conformity with approved landscape plans.

(b) If a landscape project is proposed for a median or grassed area which is maintained pursuant to 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 median or grassed area proposed project in accordance with an 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) No change.

(7) 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. An agreement must be on file with the Department before installation of plants, materials, or signs. 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.

(a) 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 or solely maintenance pursuant to an executed agreement. Such signs will remain in place for a term of five years, unless otherwise specified in the agreement. Signs recognizing donated landscape projects are a feature of the landscape project, not a traffic control device. Signs within the same local governmental jurisdiction should have a unifying theme represented through the sign appearance, design, fabrication, and installation and can include the local governmental jurisdiction logo as part of the sign design. The sign face must be non-retroreflective, have no moving parts, not be illuminated, and not contain commercial logos, business slogans, tag lines, telephone numbers, web addresses, or trademarks, or give the impression of promotional advertising. Color combinations or shapes that are similar to warning and regulatory signs are prohibited. Signs cannot interfere with any official traffic control device. Signs will be placed at each end of the landscape project. Any sign acknowledging donated landscape projects not meeting the requirement of this rule will be removed by the Department.

(b)(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.

(c)(b) Arterial Highways: The approved sign design for arterial highways is depicted in Figure 1. The rectangular sign panel will be no larger than 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. Recommended text sizes and message are shown in Figure 1. The sign must be mounted on 4 inch by 4 inch pressure treated posts, or break away posts. 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.

Figure 1. No change.

Rulemaking Specific Authority 334.044(2), 337.2505, 337.405 FS. Law Implemented 334.044(26), 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, 12-24-08,_____

 

14-40.020 Grant Application Process.

(1) No change.

(2) Definitions.

(a) No change.

(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) through (e) No change.

(f) “Grant Application” means the Florida Highway Beautification Council Grant Application Form 650-050-10, Rev. 5/15 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 at https://www.flrules.org/Gateway/reference.asp?No=Ref-05492 and available on the Department’s website at www.dot.state.fl.us/projectmanagmentoffice/highwaybeautification.

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

(h) “Highway Beautification Project” means landscaping intended to enhance the attractiveness of roads on the State Highway System. Landscaping is to be installed on state highway right of way and may include property owned by a local governmental entity that abuts Department right of way, if the property is visible to the state highway system.

(3) Grant Application.

(a) No Change.

(b) The grant application deadline is October 1 for each the next fiscal year which begins on July 1. 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. Because addendums, corrections, and edits will not be accepted after the application deadline, applicants are strongly encouraged to submit a draft application to the Grant Coordinator by September 1. Grant applications for highway beautification grants from the Council must be filed and processed in accordance with this rule chapter.

(c) In order Ffor the Council to consider a grant application for any the following fiscal year , ten paper copies, and one or electronic file copy copies of the completed grant application and supporting documents must be received by the Grant Coordinator by October 1. 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.

(d) 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) 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 fully executed resolution or resolutions must be included with the application.

(f) Applicants are encouraged to submit grant applications for highway beautification 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.

Rulemaking Authority 339.2405 FS. Law Implemented 339.240 FS. History - New 1-19-99, Amended 11-22-01, 3-20-03, 8-10.03, 12-23-03, 2-8-06, 12-24-08,_____

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jim Boxold, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 17, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 25, 2013