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
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