AB216,4,125
84.305
(2) Notwithstanding ss. 66.1037 and 86.03,
and subject to sub. (2m), 6upon application, the department
may shall issue permits to sign owners for the
7trimming
, or removal
, or relocation of vegetation that is located in the right-of-way
8of a highway under the jurisdiction of the department for maintenance purposes and
9that obstructs a sign if
any of the following applies: 3. Subject to par. (b), within a
10distance of 500 continuous feet along any portion of the viewing zone, any portion of
11the face of the sign is not viewable because of an obstruction to sight by
natural 12vegetation in the highway right-of-way.
AB216, s. 9
13Section
9. 84.305 (2) (a) 1. of the statutes is repealed.
AB216, s. 10
14Section
10. 84.305 (2) (a) 2. of the statutes is repealed.
AB216, s. 11
15Section
11. 84.305 (2) (a) 4. of the statutes is repealed.
AB216, s. 12
16Section
12. 84.305 (2) (b) of the statutes is repealed.
AB216, s. 13
17Section
13. 84.305 (3) (a) of the statutes is amended to read:
AB216,4,2418
84.305
(3) (a) Subject to pars. (d) to (g) and sub. (4), a permit issued under this
19section authorizes the permittee to trim
obstructing vegetation or remove
or relocate 20obstructing
individual plants vegetation to the extent necessary to eliminate the
21obstruction and
remedy any condition specified under sub. (2) (a) 1. to 4 provide an
22unobstructed view of a sign for 500 continuous feet within the viewing zone. A permit
23issued under this section shall specify the vegetation or the portion of the highway
24right-of-way to which the permit applies.
AB216, s. 14
25Section
14. 84.305 (3) (b) of the statutes is amended to read:
AB216,5,14
184.305
(3) (b) An application for a permit under this section shall specifically
2describe the work proposed by the applicant. The department shall grant or deny an
3application for a permit under this section, and notify the applicant of the
4department's decision, within 60 days of receipt of the application.
Within 30 days
5of receipt of the application, the department shall determine whether the application
6is complete and, if not, the department shall return the application to the applicant
7and inform the applicant of what information, specifically described, must be
8provided by the applicant to complete the application. The department may not deny
9an application for a permit under this section based solely upon receipt by the
10department of an objection or complaint from a property owner or municipality
11receiving notice under par. (c), but the department may consider the objection or
12complaint in determining whether to grant or deny the application for a permit. If
13the department denies an application for a permit under this section, the department
14shall notify the applicant of reasons for the denial.
AB216, s. 15
15Section
15. 84.305 (3) (c) of the statutes is repealed.
AB216, s. 16
16Section
16. 84.305 (3) (d) of the statutes is amended to read:
AB216,5,2017
84.305
(3) (d) A permit issued under this section may not authorize trimming
, 18or removal
, or relocation of vegetation located within a municipality and within 10
19feet of the nearest edge of the highway pavement without prior approval for the
20trimming
, or removal
, or relocation from the municipality.
AB216, s. 17
21Section
17. 84.305 (3) (e) of the statutes is renumbered 84.305 (2m) and
22amended to read:
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84.305
(2m) A permit issued under this section may not authorize the
24permittee to trim, remove, or relocate vegetation in existence prior to the erection of
25the sign obstructed by the vegetation. Nothing in this paragraph prohibits the The
1department
from issuing may not issue a permit
under this section authorizing the
2trimming
, or removal
, or relocation of vegetation
that, at the time the sign was
3erected, did not obstruct obstructing the view of
the a sign
if the department first
4collected a permit fee under s. 84.30 (10m) for that sign within the immediately
5preceding 5 years.
AB216, s. 18
6Section
18. 84.305 (3) (f) of the statutes is repealed.
AB216, s. 19
7Section
19. 84.305 (3) (g) of the statutes is amended to read:
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84.305
(3) (g) A permit issued under this section may not authorize the
9permittee to clear-cut any highway right-of-way. The permit authorizes the
10permittee to trim
, or remove
, or relocate only the vegetation specified in the permit,
11or only vegetation within the area of the right-of-way specified in the permit, in
12accordance with the terms of the permit.
AB216, s. 20
13Section
20. 84.305 (5) (a) of the statutes is amended to read:
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84.305
(5) (a) Each permit issued under this section shall require a permittee
15that removes
planted vegetation to either relocate the planted vegetation or 16reimburse the department for the value of the planted vegetation. The department
17shall present to the permittee the department's calculation of the value of the planted
18vegetation, and the permittee may elect to relocate the planted vegetation or to
19reimburse the department for the value of the planted vegetation as determined by
20the department any tree with a diameter of 4 inches or more as measured at 3 feet
21from the ground, or any other vegetation with a diameter of 4 inches or more, to plant
22comparable replacement vegetation to compensate for all such vegetation removed,
23in compliance with the requirements under pars. (d) and (e).
AB216, s. 21
24Section
21. 84.305 (5) (b) of the statutes is repealed.
AB216, s. 22
25Section
22. 84.305 (5) (c) of the statutes is repealed.
AB216, s. 23
1Section
23. 84.305 (5) (d) of the statutes is created to read:
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84.305
(5) (d) 1. In planting replacement vegetation under par. (a), the
3permittee shall determine the diameters of all trees with a diameter of 4 inches or
4more, as measured at 3 feet from the ground, and of all other vegetation with a
5diameter of 4 inches or more, that was removed and shall calculate the sum total of
6these diameters for each category of vegetation, such as for trees, for shrubs, and for
7hedges. In calculating the sum total of these diameters, the permittee shall not
8include in the calculation the diameter of any vegetation that was dead, diseased, or
9determined to be an invasive species at the time of its removal.
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2. The permittee shall plant sufficient replacement vegetation with a diameter
11of at least 2 inches so that the sum total of the diameters of the replacement
12vegetation, for each category of vegetation, at least equals the sum total of the
13diameters as calculated under subd. 1. for that category.
AB216, s. 24
14Section
24. 84.305 (5) (e) of the statutes is created to read:
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84.305
(5) (e) 1. Subject to subd. 2., the department shall determine where
16replacement vegetation required under this subsection is to be planted.
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2. Replacement vegetation required under this subsection shall be planted in
18the highway right-of-way not farther than 10 miles from the location of the removed
19vegetation being replaced. Replacement vegetation may not be planted in front of
20a sign.
AB216, s. 25
21Section
25. 84.305 (6) of the statutes is amended to read:
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84.305
(6) The department shall have authority to supervise and determine
23how the work authorized under a permit issued under this section is carried out.
The
24department may require as a condition or restriction under any permit issued under
1this section that the work authorized under the permit meet standards established
2by the department.
AB216, s. 26
3Section
26. 84.305 (7) of the statutes is amended to read:
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84.305
(7) Nothing in this section prohibits a sign owner and the department
5from voluntarily negotiating for, and the department from authorizing without the
6issuance of a permit under this section, the trimming
,
or removal
, or relocation of any
7vegetation in a highway right-of-way in order to provide an unobstructed view of a
8sign, except in situations where sub. (3) (d) would apply if a permit were issued under
9this section. Nothing in this section restricts the department's authority with respect
10to departmental maintenance operations in the rights-of-way of highways under
11the department's jurisdiction.
AB216,8,1313
(1)
This act takes effect on the 30th day after the day of publication.