N.Y. Comp. Codes R. & Regs. tit. 17 § 134.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 134.6 - Vegetation control requirements

The requirements set forth in this section are intended to ensure that vegetation control is performed in a manner that is environmentally sensitive and, when completed, results in a highway right of way that is aesthetically pleasing to highway users. The department reserves the right to impose additional requirements it determines are necessary to achieve these objectives or for public safety.

(a) All vegetation control performed pursuant to this Part shall be as specified on site plans accompanying the approved permit. Such site plans shall accompany the permit application and be approved by the department and shall include such terms and conditions as deemed appropriate by the department to preserve the scenic quality and conditions of the site of the vegetation control. The site plans shall conform to the following criteria:

(1) The scale shall be 1:250 (metric) or of greater detail.

(2) Existing vegetation and vegetation to be controlled shall be identified, including size and species and condition.

(3) Fixed structures, including, but not limited to, the roadway, utilities, the advertising sign structure, and drainage structures, shall be identified.

(4) The topography, including drainage patterns, of the site shall be depicted, unless the proposed work is limited to pruning.

(5) Landscaping, of the site, if necessary, shall be identified, including the size, location, number, and species names, as applicable.

(b) The permittee shall provide photographs demonstrating the condition of vegetation in the State highway right of way, relative to the advertising sign, following the completion of the permitted work.

(c) Any vegetation control performed shall be conducted in accordance with nationally recognized guidelines, such as the American National Standards Institute's Pruning Standard, ANSI 300; the American National Standard for Tree Care Operations, ANSI Z133.1; and the International Society of Arboriculture's Tree Pruning Guidelines. No tree may be controlled so as to result in the tree having an unnatural shape that is inconsistent with that of a well-landscaped or maintained example of its species. No topping of trees shall be conducted. The vegetation control of trees shall not include the removal of large branches or portions of the trunks of trees which would result in an unnatural character or balance of the tree.

(d) The use of chemical pesticides, herbicides or burning for vegetation control is prohibited.

(e) No vegetation control within the median of a divided highway may be permitted pursuant to this Part.

(f) No vegetation control shall be conducted that results in the exposure of an unvegetated area.

(g) Trees or other vegetation may only be removed as expressly authorized in a permit issued pursuant to this Part. Trees may only be removed:

(1) if the tree is dead or dying; or

(2) if:

(i) the tree has a trunk diameter of eight inches (204 mm) or less or the department determines that removal of the tree would have no undesirable or adverse effect;

(ii) the department determines that the tree directly and significantly interferes with the view of the advertising sign in the advertising signs's viewing zone; and

(iii) the department determines that the removal of the tree or trees would not result in a significant change in the scenic quality of the view of the State highway right of way from the main traveled way, relative to the advertising sign.

No more than six live trees with trunk diameters over six inches (152 mm) may be removed from the viewing zone of a sign (or multiple signs located on a common structure and facing in the same direction) pursuant to a permit issued pursuant to this Part. Stumps and roots shall be cut flush with the ground, except that stumps and roots in lawn areas shall be removed to at least six inches (152 mm) below ground level. Stump holes shall be backfilled.

(h) Damage caused by the permittee to any structure, landscaping, pavement, drainage facility, slope, shoulder or vegetation (planted or natural), unless expressly permitted by the department, shall be promptly corrected by the permittee at no cost to the department.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 134.6