Current through Register Vol. 49, No. 18, September 16, 2024
(1) Permits. To promote
highway safety, a permit issued by the department's authorized representative
is required to cut or trim any vegetation in front of any lawful sign. A
vegetation permit may be denied or limited if the plan is deemed to be
detrimental to the stability of the state right-of-way as determined by the
department's authorized representative.
(A)
Performance Bond. A performance bond in an amount up to one thousand dollars
($1,000) is required to ensure restoration of highway right-of-way.
(B)
Duration. All permits expire after three hundred sixty five (365)
days.
(2) Access. To
promote highway safety, access to the cutting or trimming area shall be from
private property or outer roadways and cannot be made from the through traffic
roadway of any highway maintained by the department without written permission
from the department. Parking of equipment or placement of materials on the
traffic lanes or shoulders is strictly prohibited.
(3) Conditions. To promote highway safety,
the following conditions apply to trimming and cutting of vegetation on highway
right-of-way:
(A) Removal. All vegetation
trimmed or cut will be removed from the right-of-way and no burning on the
right-of-way is permitted. Trees are to be cut to ground level;
(B) Damage to Right-of-Way. The applicant is
responsible for any damage to the right-of-way. Any destruction of turf
requires the applicant to restore the right-of-way to a like or better
condition, which may require seeding, mulching, or sodding of the right-of-way
which has been disturbed;
(C)
Herbicides. Only herbicides approved by the department's authorized
representative may be used to trim or remove vegetation. The applicant will
comply with the Missouri Pesticide Use Act, sections
281.005
through
281.115,
RSMo.
(D) Destruction of
Vegetation. A vegetation permit will be revoked if an applicant destroys
desired vegetation due to excessive cutting, trimming, or inappropriate use of
herbicides on vegetation. If revoked, the department will retain and collect
against any bonds filed.
(E)
Indemnity. Applicants shall agree to indemnify and hold harmless the commission
against any damage or harm to persons, including commission employees, or
property which may occur as a result of or in the course of its cutting or
trimming of vegetation and use of herbicides;
(F) Trimming of Trees. Trees of any size may
be trimmed in accordance with the following guidelines:
1. Trimming is permitted any time of
year;
2. A tree may not have more
than one-third (1/3) of its canopy removed in a single pruning operation. For
pruning operations, the "National Arborist Association Standards" shall be used
as a guideline to insure trees are being pruned properly and all pruning must
be done in accordance with "National Arborist Association Standards." Pruning
cuts should be made so that the tree may close the resulting wound as easily as
possible. Generally, remove parts of a twig or branch at their origin. Remove
tips of branches back to a good bud or to the next larger branch. The final
pruning cut should be made along the natural branch collar and not flush with
the trunk. Any additional pruning of this magnitude cannot be repeated for
three (3) full years (thirty-six (36) months) on hardwood species. A "Tree
Pruning Chart" developed by MoDOT is used to determine the maximum amount of
canopy that can be removed in a single pruning operation. A copy of the chart
may be obtained by contacting the area permit specialist; and
3. In situations where pruning is to be done
on a stand of trees and it is not practical to distinguish individual trees
from the stand, the stand of trees should be judged by the canopy height of the
stand. The amount of tree height to be removed should be determined from the
"Tree Pruning Chart" according to the canopy height of the stand of trees.
Proper tree pruning practices are to be observed in reducing the height of the
stand of trees, just as it would be for an individual tree. Brush over six feet
(6') that is approved for removal should be cut first and the stump(s) treated
with herbicides. Illustrations are available to assist in proper pruning. A
copy may be obtained by contacting the area permit specialist; and
(G) Destruction of Vegetation. A
vegetation permit will be revoked if an applicant destroys desired vegetation
due to excessive trimming or inappropriate use of herbicides on vegetation. If
the permit is revoked due to excessive trimming or inappropriate use of
herbicides, the department will retain and collect against any bonds
filed.
(4) Informal
Hearing on Denial of Permit to Cut or Trim.
(A) Request for Informal Hearing. If denied a
permit to cut or trim vegetation, the applicant will have twenty (20) working
days to request an informal hearing for the purpose of appealing the denial by
submitting its request for an informal hearing to the Outdoor Advertising
Manager, Missouri Department of Transportation, PO Box 270, Jefferson City, MO
65102.
(B) Procedure. If the
applicant requests an informal hearing, the department's authorized
representative will advise the applicant of the time, date, and place. This is
not a contested case under Chapter 536, RSMo. The rules of evidence will not
apply at the hearing.
