                                 CODE OF VIRGINIA

SELECTIVE PRUNING PERMITS; FEES; PENALTY (§ 33.2-1221)

A. As used in this section, &#8220;local beautification project&#8221; means any
project in a locality that includes installation of plant materials, using
public or other funds, in any public right-of-way within a county, city, or
town.

B. Notwithstanding the provisions of § 33.2-1202 or any other provision of law:

   1. The Commissioner of Highways shall by permit authorize the selective
   pruning, within highway rights-of-way, as highways are defined in &#xA7;
   33.2-1200, including within corporate limits of municipalities, of vegetation
   that obstructs motorists&#8217; view of signs displayed on outdoor advertising
   structures legally erected and properly maintained along the highways. Permits
   authorizing such pruning shall be issued in accordance with this section.
   				a. All work performed under the permit shall be (i) subject to the
   direction of the Commissioner of Highways, (ii) supervised on-site by a
   certified arborist approved by the Commissioner of Highways, (iii) completed
   to the satisfaction of the Commissioner of Highways, and (iv) performed solely
   at the expense of the permittee.
   				b. All pruning shall be performed in a manner that (i) creates a picture
   frame effect around the sign and (ii) beautifies the area surrounding the
   advertising structure. All cutting shall be limited to vegetation with trunk
   base diameters of less than six inches. Pruning cuts of limbs or branches or
   other vegetation with diameters greater than four inches and clear cutting
   shall not be authorized and shall be strictly prohibited. Pruning of
   vegetation in a highway median shall not be permitted where the locality
   within which the pruning is to be done has a local beautification project in
   the area within the scope of the selective pruning application; however,
   relocation or replanting of such vegetation shall be permitted in accordance
   with a landscaping plan as provided in this section.
   				c. Any diseased or unsightly vegetation or any vegetation that endangers
   the health or retards the growth of desirable vegetation may be removed at the
   discretion of the certified arborist supervising the work. Any such removed
   vegetation shall be replaced at the permittee&#8217;s expense with desirable
   vegetation.

   2. The requirements of this section shall not apply to the owner or authorized
   agent of the owner of any sign, advertisement, or advertising structure
   exempted from the provisions of this article by &#xA7; 33.2-1204.

   3. The Commissioner of Highways shall promulgate such regulations as he deems
   necessary or desirable to carry out the provisions of this section. Such
   regulations shall include the following requirements:
   				a. Every application for a permit submitted under this section shall be
   accompanied by photographs of the affected site and a detailed description of
   work proposed to be performed.
   				b. A fee of $400 shall accompany every application made to the
   Commissioner of Highways or, if applicable, to the locality within which the
   pruning is to be performed. All such fees collected by the Commissioner of
   Highways shall be paid by the Commissioner of Highways into the state treasury
   and allocated to the Board.
   				c. Every applicant shall post a bond payable to the Commonwealth, with
   surety approved by the Commissioner of Highways and in a form approved by the
   Attorney General, in the sum of $2,500, conditioned on the permittee&#8217;s
   fulfillment of all requirements of the permit.
   				d. No permit shall be issued under this section in order to create a new
   site for an outdoor advertising structure.

   4. Where the applicant is seeking a vegetation control permit in a locality
   where the public right-of-way is within the jurisdictional limits of a city or
   town on a highway or street not within the jurisdiction of the Commissioner of
   Highways under &#xA7; 33.2-1202 or on a highway or street in a county having
   the county manager form of government, the Commissioner of Highways shall
   delegate the administration of this section to that locality, and if so
   delegated, the locality shall apply the provisions of this section.

   5. If there are plant materials in the public right-of-way that are part of a
   local beautification project, the Commissioner of Highways or the locality, as
   the case may be, may include a requirement in accordance with the provisions
   of subdivisions 4 through 7 that as a condition of the issuance of a
   vegetation control permit for selective pruning, the applicant must submit a
   landscaping plan showing how the applicant will relocate or replant the
   vegetation obstructing the motorists&#8217; view from the main traveled way of
   the highway or street of signs displayed on outdoor advertising structures, in
   lieu of the selective pruning of such plant materials. In the absence of the
   existence of a local beautification project in the area within the scope of
   the selective pruning application, no landscaping plan requirement shall be
   imposed on the applicant.

   6. If subdivision 5 is applicable, the applicant shall pay the reasonable
   costs of implementing the landscaping plan, which may include relocating
   existing plant materials, purchasing new replacement plant materials, and
   planting vegetation that will not grow to a height or position in the future
   so as to obstruct motorists&#8217; view from the main traveled way of the
   highway or street of signs displayed on outdoor advertising structures, as
   otherwise set out in the landscaping plan.

   7. The provisions of subdivisions 4 through 6 shall apply to any local
   beautification project installed prior to July 1, 2006. On and after July 1,
   2006, the locality shall not plant materials that obstruct motorists&#8217;
   view from the main traveled way of the highway or street of signs displayed on
   outdoor advertising structures. If the local beautification project violates
   this section, in addition to other applicable penalties, the locality shall
   bear the costs to bring such beautification project into compliance with this
   section.

   8. The locality shall provide a 30-day written notice to the Commissioner of
   Highways prior to installation of a local beautification project within the
   right-of-way of a Department maintained highway that may obstruct the
   motorists&#8217; view of signs displayed on outdoor advertising structures.
   Such notice shall include a description of the plant materials to be used in,
   and a copy of the plans for, such beautification project.

   9. Any application for vegetation control in compliance with this section
   submitted to the Commissioner of Highways shall be acted upon within 60 days
   of submission or shall be deemed approved. Any application for vegetation
   control in compliance with this section submitted to any city or town or on a
   highway or street in a county with the county manager form of government shall
   be acted upon within 60 days of submission or shall be deemed approved. The
   locality may impose conditions in approval of the landscaping plan consistent
   with this section and the regulations promulgated thereto. If the locality is
   not satisfied that the landscaping plan submitted by the applicant complies
   with this section, the locality may appeal to the Commissioner of Highways
   prior to the expiration of the 60-day period from the date of submission. If
   the applicant objects to the conditions imposed by the locality as part of the
   approval of the landscaping plan, the applicant may appeal to the Commissioner
   of Highways within 30 days after the final action on the landscaping plan. The
   appealing party shall submit a written appeal to the Commissioner of Highways,
   stating the reasons for such appeal, along with a fee of $400. The
   Commissioner of Highways shall review the landscaping plan and the reasons for
   the appeal and shall issue a determination in accordance with this section
   within 30 days after filing of the appeal, which determination shall be
   binding upon the applicant and the locality.

   10. Upon issuance of a vegetation control permit in accordance with this
   section, the applicant shall give written notice, at least seven days in
   advance of any site work, as authorized by the permit, of the date and time of
   the commencement of the site work as approved by the permit. Such written
   notice shall be given to the Commissioner of Highways unless the public
   right-of-way is within the jurisdictional limits of a city or town on a
   highway or street not within the jurisdiction of the Commissioner under &#xA7;
   33.2-1202, in which case the written notice shall be given to the local
   government official who approved the permit.

   11. Any person, firm, or corporation found by a court of competent
   jurisdiction to have violated any provision of this section, any regulation
   adopted pursuant to this section, or any permit issued under this section
   shall be subject to the penalties provided in &#xA7; 33.2-1229.

HISTORY: 1998, cc. 525, 540, § 33.1-371.1; 2006, cc. 512, 543; 2012, cc. 760,
818; 2013, c. 737; 2014, c. 805.