California Code of Regulations
Title 4 - Business Regulations
Division 6 - Outdoor Advertising, Department of Transportation
Chapter 5 - Outdoor Advertising Displays Adjacent to Landscaped Freeways
Section 2505 - Change in Freeway Character-Preliminary Landscape Determination
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Before the award of a Highway Planting Project, the Chief Landscape Architect makes a preliminary landscape determination, based on the project design plans, specifications, and/or concept plans of whether the project will change the character of the freeway to a landscaped freeway. If the preliminary landscape determination is that the project will meet the criteria for being a landscaped freeway and the Highway Planting Project adjacent to existing freeway segments will begin within 180 days or that the Highway Planting Project adjacent to a new segment of freeway will begin within two fiscal years, the Chief Landscape Architect issues a notice of preliminary landscape determination to the Office of Outdoor Advertising and posts that determination on the Landscape Architect's web page.
(b) The Office of Outdoor Advertising shall not issue a permit for a Display Adjacent To a section of freeway that is designed primarily to be viewed by a person traveling on the landscaped section after a preliminary landscaped determination is made. A Display permit which is issued, but where no physical construction of the Display has begun or exists, confers no vested rights and is canceled no earlier than 180 days after and the Permittee is notified of the action in writing by the Office of Outdoor Advertising. Physical construction of a Display begins when the Permittee has applied for a local building permit before the Department issues notice that the permitted location has become nonconforming, and the Display is constructed before the local building permit expires or 180 days whichever occurs first. Only customary maintenance, as described in section 2270 of this chapter may be performed on existing outdoor advertising displays adjacent to a landscaped freeway section.
(c) If the Highway Planting Project does not begin within 180 days after the date the preliminary landscape determination along an existing segment of freeway is made or within two fiscal years along a new segment of freeway, the determination lapses. The Chief Landscape Architect shall post a notice within 30 days of the lapsed preliminary landscape determination on the Landscape Architect's web page and send notice to the Office of Outdoor Advertising.
(d) After the Office Outdoor Advertising is notified of the preliminary landscape determination lapse, a permit for a Display shall be issued if the Display meets the provisions of the Act and these regulations.
(e) A preliminary landscape determination lapse may not prevent a future determination that the same or similar proposed Planting meets the landscaped criteria.
1. Repealer of
former section
2505 and renumbering of former
section 2509 to section
2505, including amendment of
section heading and section and new NOTE, filed 9-20-99; operative 10-20-99
(Register 99, No. 39).
2. Amendment of subsections (a) and (c) and
amendment of NOTE filed 11-23-2004; operative 12-23-2004 (Register 2004, No.
48).
Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Sections 5216 and 5440, Business and Professions Code.
