La. Admin. Code tit. 70 § III-121

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-121 - Procedure

A. The right-of-way permits engineer will be responsible for the implementation and coordination of these procedures.

B. Any request for visibility improvement for an off-premise or on-premise advertising display will be made using the supplement and application for Project Permit Form DOTD 03-41-0593 below, copies of which will be maintained in each district office.

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C. The application for permit with request form shall be sent to the right-of-way permits unit in Baton Rouge for further handling and in sequence as per the following:

1. headquarters traffic and planning section for verification, location and legal status;

2. right-of-way permits unit for transmittal to and review by the district administrator;

3. review by roadside development specialist:

a. to determine if area affected in a designated landscaped portion of the right-of-way or under vegetation management by maintenance forces;

b. protect the aesthetic value of right-of-way vegetation and determine what the permittee intends to do;

4. transmittal to headquarters right-of-way permits unit by district administrator for final processing.

D. The traffic operations engineer will verify the location of the display and will forward the request to the right-of-way permits unit with information about the display's legal status.

E. Legal status will include any available and pertinent information that should be considered by the district administrator. Legal information could include:

1. Is this display under active citation?

2. Is the display subject to imminent removal?

3. Is the sign illegally placed?

4. Is the display nonconforming to state beautification criteria?

F. The traffic operations engineer will determine whether or not the display is currently under contract with the state to be removed or is required to be removed within one year.

G. The cost of all work to be performed will be borne by the applicant and the necessary trimming, relocation, removal or replacement will be performed by a bona fide, bonded tree care service. The department will then, through the right-of-way permits unit, review the permit, and if satisfactory, issue same to the service for it to enter upon the highway right-of-way and do the work in accordance with the preapproved plan.

H. Prior to issuance of the permit, the tree care service shall furnish bond or deposit in the amount of $2,500 as security.

I. The permit shall contain:

1. language requiring the permittee to have said permit in its possession at all times at the work site;

2. a "hold-harmless" clause wherein the permittee agrees to hold the department harmless for any damage to person or property arising out of its operation under the permit.

J. In the following situations, visibility improvement will not be undertaken:

1. the request will involve highway landscaping in a designated landscape section of the highway;

2. the display is illegally placed;

3. the display is currently under contract with the state to be removed;

4. the display is required to be removed within one year;

5. the display is on state property;

6. a right-of-way take is imminent within one year;

7. the trees or shrubs to be trimmed, relocated or removed are over 500 feet measured along the highway from the display or business;

8. the trimming, relocation or removal will affect the purpose of the plantings;

9. the trimming, relocation or removal will result in permanent damage to the structure or character of the plant.

La. Admin. Code tit. 70, § III-121

Promulgated by the Department of Transportation and Development, Office of Highways, LR 7:269 (May 1981).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:274.1 et seq.