19A NCAC 02E .0602. REQUESTS FOR PERMITS FOR A FACILITY

(a)  Applications for selective vegetation cutting, thinning, pruning, or removal (exclusive of grasses) at a facility shall be made by the owner of the facility to the appropriate Division Engineer of the North Carolina Department of Transportation, Division of Highways.  Applications with all required documentation shall be submitted in both printed and electronic form.  A non-refundable fee of two hundred dollars ($200.00) must accompany each application.

(b)  Selective vegetation cutting, thinning, pruning, or removal for opening views to facilities shall be permitted only for the permittee's facilities adjacent to highway right of way at locations where such facilities have been constructed. Complete removal of all trees and other vegetation shall not be permitted. Dogwood trees and redbud trees shall be preserved. Other trees, which are not screening the facility from view and are four caliper inches and greater in diameter, measured six inches from the ground, shall be preserved.  Trees, shrubs, and other vegetation less than four caliper inches in diameter may be removed.  Trees, shrubs, and other vegetation, which are four caliper inches or greater in diameter as measured six inches from the ground and not to be preserved, may be cut, thinned, pruned, or removed according to approval of Department personnel designated by the Division Engineer.  All vegetation cutting, thinning, pruning, or removal shall be in accordance with accepted International Society of Arboriculture (ISA) standards.

(c)  The provisions in this Rule shall not be used to provide visibility to undeveloped property or to on-premise signs.

(d)  Applications must be accompanied by a sketch showing the requested limits of the selective cutting, thinning, pruning, or removal of vegetation.  For commercial, industrial, institutional, and office facilities, the limits of selective cutting, thinning, pruning, or removal shall be restricted to the area of right-of-way immediately adjacent to frontage property of the facility but not to exceed 1,000 contiguous linear feet.  The permitted limits of the selective vegetation removal permit shall not be altered for subsequent applications.  The applicant shall also include on the sketch the location, species, and caliper inches of all trees with a diameter of four caliper inches and greater, as measured six inches above ground level, at the time of the application and desired to be cut, thinned, pruned, or removed.

(e)  The applicant must certify that permission has been obtained from the adjoining landowner(s) to access their private property, if applicable, for the purpose of conducting activities related to the selective vegetation removal permit application.

(f)  The selective vegetation removal request may be investigated on site by Department personnel and a representative of the applicant.

(g)  If the application for vegetation cutting is for a site located within the corporate limits of a municipality and if the municipality has previously advised the Division Engineer in writing of its desire to review such applications, the applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department, so that local officials shall be given the opportunity to review the application.

 

History Note:        Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-18.7; 136-93; 136-130;

Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Eff. June 1, 1982;

Amended Eff. November 16, 1991; December 1, 1990; August 1, 1985; June 2, 1982;

Temporary Amendment Eff. November 16, 1999;

Amended Eff. August 1, 2000;

Temporary Amendment Eff. March 1, 2012;

Amended Eff. November 1, 2012.