37 Miss. Code. R. § 1-7501-09002-503 - Vegetation Removal Permit, Form MND-830

1. General: A Vegetation Removal Permit must be secured from the Department by any person or company before cutting, or trimming vegetation from the Department's right-of-way. Trees, bushes and vegetation growing at or near permitted sites that have grown into the view of the sign face may be cleared or removed by a permittee, his employee, or contractor upon application made to and approval by the Department. The Department shall charge a permittee a vegetation clearance fee of fifty dollars ($50.00) per site each time that the Department authorizes a vegetation clearance as provided in Section 49-23-11, Mississippi Code of 1972, as amended.

2. Procedure: Any person or company requesting a Vegetation Removal Permit to selectively cut and remove vegetation from the Department's right-of-way must submit a written request on Form MND-829 to the State Maintenance Engineer or his/her designated agent via the Maintenance Division. Except as provided herein, a Vegetation Removal Permit may be granted for legally permitted sign locations only. Before a permit is granted, said sign must be in place for at least three (3) years. A Vegetation Removal Permit at Grandfathered Sign locations will not be allowed unless a permit is obtained under section 501. No Vegetation Removal Permit will be allowed on a scenic byway. The vegetation control view area shall not extend beyond the distances indicated in the diagram that shall be attached to the Vegetation Removal Permit. The maximum vegetation control view area is determined in the manner set forth in section 350 of this Rule. This distance shall be measured along the highway from the viewable face(s) of the advertising device. Vegetation Cuts will not be allowed in the median of a State Controlled Route. Any agreement with any local governing body relative to the planting of vegetation on the right of way of any state controlled route shall direct that the provisions of these regulations shall continue to apply to vegetation removal in those affected areas. The written request for a vegetation cut must include definite mileage from certain points to the sign location, permit number from the approved permit application, a description of the work to be performed and a permit fee of fifty dollars ($50.00) for each location.

3. The applicant will submit all correspondence, a completed Vegetation Removal Permit request (Form-829), and fee to the State Maintenance Engineer or his/her designated agent. The State Maintenance Engineer's agent will arrange with the applicant for a field inspection. After completing the field inspection, the State Maintenance Engineer's designated agent shall determine the existence of marketable timber and the value thereof. The State Maintenance Engineer may, in his discretion, require the applicant to pay the market value of the timber before the Vegetation Removal Permit is granted. The State Maintenance Engineer's designated agent shall approve or disapprove the Vegetation Removal Permit. If the Vegetation Removal Permit is approved, the State Maintenance Engineer's designated agent shall send copies of the approved Vegetation Removal Permit and a diagram of the vegetation removal area to the applicant, and the appropriate District Maintenance Engineer. If the Vegetation Removal Permit request is denied, a letter of explanation will be sent to the applicant. The applicant shall have the right to appeal this denial in accordance with Section 1800 herein. If approved, the Applicant will provide a Vegetation Removal Performance Bond as required in Section 400 herein before beginning any work. The applicant will also provide proof of general liability insurance with a registered Mississippi agent in the amount of $500,000 or more. Upon posting said bond the Applicant will advise the State Maintenance Engineer or his/her designated agent at least two (2) working days in advance of performing any work. All work is to be performed Monday through Friday excluding State Employee Holidays. The State Maintenance Engineer's designated agent shall observe the work in progress.

4. The Vegetation Removal Permit holder or his/her agent shall not impede traffic on any highway while performing the work. If workers or equipment are to be in the proximity of the traffic lanes, the applicant shall furnish, place and maintain traffic control in accordance with Part 6 of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). The applicant or the State Maintenance Engineer shall attach a special traffic control plan to the application if special traffic control details are required.

5. The Vegetation Removal Permit will expire on the completion of the work or one (1) year from the date of issuance unless canceled, suspended, or revoked prior to the expiration date whichever comes earlier.

6. Violations of this subsection are addressed in Section 1306.

Notes

37 Miss. Code. R. § 1-7501-09002-503

Amended 5/27/2021