Kentucky Administrative Regulations
Title 603 - TRANSPORTATION CABINET
Chapter 5 - Traffic
Section 603 KAR 5:155 - Vegetation management
Universal Citation: 603 KY Admin Regs Service 5:155
Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 176.010(2), 176.050(1), 177.106, 177.830(5), 177.990(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 176.050(1)(i) requires the department to promulgate administrative regulations concerning the care and maintenance of roads in the Commonwealth. This administrative regulation establishes a vegetation management permitting process for the removal and pruning of vegetation on department right-of-way.
Section 1. Definitions.
(1) "Advertising device" is defined by
KRS
177.830(5).
(2) "Department" is defined by
KRS
176.010(2).
(3) "Person" means any individual, firm,
co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, business trust, receiver, syndicate,
cooperative, or any other group or combination acting as an individual or
unit.
Section 2. Vegetation Management Permit Eligibility.
(1)
A permit for vegetation management to remove or prune vegetation, including
vegetative obstructions to the visibility of an advertising device, located on
public right-of-way under the jurisdiction of the Kentucky Transportation
Cabinet, shall be obtained from the department, in accordance with this
administrative regulation, prior to entry or disturbance of the
right-of-way.
(2) An applicant
shall apply to the department for a permit for vegetation management to remove
or prune vegetation by submitting a completed Application for Encroachment
Permit, TC 99-1A form, to the Transportation Cabinet district office that is
responsible for the area of the proposed vegetation management.
(3) An application for a permit to remove or
prune vegetation shall be considered by the department if the proposal:
(a) Improves the safety of the traveling
public;
(b) Is necessary to
eliminate hazards to personal property;
(c) Enhances visibility for the travelling
public;
(d) Eliminates an unsightly
condition and improves roadway aesthetics; or
(e) Removes undesirable vegetation listed on
the department's Web site at www.transportation.ky.gov/permits/.
(4) A permit to remove or prune
vegetation shall not be issued for the purpose of increasing visibility of an
advertising device in violation of KRS Chapter 177 or KAR Title 603.
(5) Access to department right-of-way to
perform vegetation management shall be from private property unless otherwise
specified as part of the permit.
Section 3. General Requirements for Vegetation Management.
(1) An applicant
requesting a permit for vegetation management to remove or prune vegetation
shall submit:
(a) A completed Application for
Encroachment Permit, TC 99-1A form;
(b) A general description of work to be
performed;
(c) A location
map;
(d) A detailed and scaled
drawing showing the location of the vegetation proposed to be removed or
pruned;
(e) The name, address, and
phone number of the contractor that will be performing the work;
(f) A signed release from property owners
whose property lines front the right-of-way where the vegetation management is
proposed;
(g) A signed consent from
a private property owner that gives the applicant access from the private
property to the work site;
(h) A
seeding and erosion control plan pursuant to the department's manual, Standard
Specifications for Road and Bridge Construction;
(i) Evidence of bonding maintained until
released by the department; and
(j)
Proof of liability insurance equal to or more than $1 million.
(2) The following applicants are
exempt from Section 3(1) (f), (g, (i), and (j):
(a) Government agencies removing vegetation
for purposes of installing or maintaining government facilities; or
(b) Public utility companies removing
vegetation for purposes of installing or maintaining utility
facilities.
(3) An
applicant shall:
(a) Remove tree stumps and
roots on a slope of 3:1 or less flush with the ground surface;
(b) Remove tree stumps and roots on a slope
greater than 3:1 to a height of three (3) inches or less above the surrounding
ground surface. The height shall be measured from the top of the stump or root
to its base on the lowest side of the slope;
(c) Remove and dispose of cut material and
debris from the state right-of-way as stated in the permit issued by the
department;
(d) Fill, grade, and
compact a hole or void created by the performed work with top soil;
(e) Use a seeding and erosion control
plan;
(f) Not remove more than
twenty-five (25) percent of the crown of each tree approved for pruning by the
department;
(g) Perform work during
the time frame stated in the permit; and
(h) Reimburse the department for any costs
incurred associated with the vegetation removal and pruning permit.
(4) Work shall not be performed
until a permit is issued by the department.
(5) If a tree approved to be pruned dies
related to executing the permit for vegetation management, the department shall
require the permittee to remove the dead tree from department right-of-way,
mitigate for the loss of vegetation, and restore department
right-of-way.
(6) If damage occurs
to vegetation not included in the permit for vegetation management, the
department shall require the permittee to mitigate for the loss of vegetation
and restore department right-of-way.
(7) The permittee shall be solely responsible
for damage or destruction to private property that occurs in the course of
executing the permit for vegetation management.
(8) The permittee shall indemnify the
department and the Transportation Cabinet pursuant to the permit if claims are
brought against the department or Transportation Cabinet by third parties for
damages sustained in the course of executing a permit for vegetation
management.
Section 4. Mitigation.
(1) An applicant shall be required
to mitigate as part of a permit for vegetation management for removal of any
tree with five (5) inch or greater diameter at breast height (dbh), except:
(a) Government agencies removing vegetation
for purposes of installing or maintaining government facilities; or
(b) Public utility companies removing
vegetation for purposes of installing or maintaining utility
facilities.
(2) For
mitigation, the applicant shall make a contribution to the Kentucky Natural
Lands Trust (KNLT), www.knlt.org.
(3) The department shall calculate the
contribution amount pursuant to the department's Indiana Bat Conservation
Memorandum of Agreement with the United States Fish and Wildlife
Service.
(4) The department shall
not approve a permit for vegetation removal prior to receiving proof of the
required contribution from the applicant.
Section 5. Notice of Violation; Appeals.
(1) The department shall provide notification
by certified letter if a violation of this administrative regulation has
occurred.
(2) A person aggrieved by
the findings of the department may request an administrative hearing pursuant
to KRS Chapter 13B.
(a) The request shall be
made in writing within thirty (30) days of the certified letter.
(b) A request for a hearing shall thoroughly
describe the grounds on which the hearing is requested.
(c) The hearing request shall be addressed to
the Transportation Cabinet, Office of Legal Services, 200 Mero Street,
Frankfort, Kentucky 40622.
(3) If a request for an administrative
hearing is not received by the department or the violation is not remedied
within (30) days of notice, the department shall take action to impose
penalties as established in Section 6 of this administrative
regulation.
Section 6. Penalties.
(1) Any person who violates this
administrative regulation shall:
(a) Be
subject to a civil penalty as established in
KRS
177.106;
(b) Mitigate for loss of vegetation in
accordance with Section 4 of this administrative regulation; and
(c) Be responsible for all costs associated
with the restoration of the department right-of-way to an acceptable condition
including the required remedial measures provided for in Section 3(3) of this
administrative regulation.
(2) The department shall deny or revoke a
permit that contains false or misleading information.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Encroachment
Permit", TC 99-1(A), October 2020;
(b) "Indiana Bat Conservation Memorandum of
Agreement", September 2012; and
(c)
"Standard Specifications for Road and Bridge Construction", June 1,
2019.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Transportation Cabinet, Department of Highways, 200 Mero Street, Frankfort,
Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) This material is also available on the
Transportation Cabinet's Web sites at:
41 Ky.R. 2453; Am. 42 Ky.R. 348; 1153; eff. 11-5-2015; 42 Ky.R. 348; 1153; eff. 7/5/2022; Cert. eff. 7-26-2022; 49 Ky.R. 87; eff. 10/18/2022.
STATUTORY AUTHORITY: KRS 176.050(1)(i)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
