SECTION 730:35-5-18. Vegetation management

(a)   In accordance with 69 O.S. § 1275(e), the Department of Transportation is authorized to enter into written agreements ("Vegetation Clearing Agreement") with outdoor advertising sign owners/permit holders for the purpose of conducting vegetation management activities within a specific area on state highway rights-of-way.

(b)   Unless otherwise noted, the following establishes the procedures, processes and criteria for an outdoor advertising sign owner/permit holder to make visible or ensure future visibility of the facing of a legal outdoor advertising sign:

(1)   No person, firm or corporation shall trim or remove brush or trees from any portion of the state highway rights-of-way without first obtaining a written permit from the Department. The process for obtaining a vegetation clearance permit is as follows:

(A)   Application for a clearance permit shall be submitted to the appropriate Field Division Engineer using forms provided by the Department.

(B)   Upon issuance, a permit shall be valid for a duration of up to six (6) months.

(C)   The fee shall be two hundred dollars ($200) per clearance area.

(2)   A copy of the approved clearance permit shall be available on the worksite for inspection at all times.

(3)   No clearance permit shall be issued for a sign which has been deemed illegal by the Outdoor Advertising Control Branch as a result of, but not limited to, violations of the Highway Advertising Control Act of 1968 (69 O.S. § 1275).

(4)   The Permittee will not occupy or operate any equipment within designated wildflower plots from initial growth until after the flowers have gone to seed. Additionally, any necessary equipment will not be left unattended on the rights-of-way within thirty (30) feet of the roadway shoulder.

(5)   The Permittee shall be solely responsible to ensure that proper agreements for vegetation clearance is granted from all adjacent property owners of the clearing area including the owner of the property upon which the outdoor advertising sign is located. The permit holder shall also be held solely responsible for any damages to fences, traffic signs, guardrails, or other highway features resulting from vegetation clearance operations.

(6)   All vegetation management activities shall be done in a workman-like manner and the cleared area shall be left in a neat condition upon completion of the work. Brush and tree clearing and debris removal will be contiguous within the designated area and selective clearing is not permitted. The burning of brush piles is not permitted, therefore, all brush and tree debris must be removed from the highway right-of-way within ten (10) days after clearing.

(7)   All efforts will be made by the permittee to prevent erosion from occurring as a result of vegetation management activities.

(8)   A Permittee shall be required to comply with any indemnification and assumption of risk clause(s) as part of the "Vegetation Clearing Agreement". A Permittee shall also be required to keep in force liability insurance throughout the permit period, as stated in the "Vegetation Clearing Agreement".

(9)   All operations on state highway rights-of-way must be performed in accordance with the stipulations put forth in the "Vegetation Clearing Agreement". The Department reserves the right to cancel any and/or all clearance permits.

(c)   The aforementioned procedures, processes and criteria are applicable to any person, firm or corporation that intends to perform brush or tree trimming or removal on state highway rights-of-way.

(d)   All vegetation management activities are subject to Oklahoma Law as stated at 69 O.S. § 1213.

[Source: Added at 29 Ok Reg 1495, eff 6-25-12]