SB490,4,118
84.305
(1) (e) "Sign" has the meaning given in s. 84.30 (2) (j)
, but also includes
9any sign that is attached to a building or similar structure, that is within 100 feet
10of a highway right-of-way, and that advertises activities conducted on the property
11on which it is located.
SB490, s. 5
12Section
5. 84.305 (1) (f) of the statutes is repealed.
SB490, s. 6
13Section
6. 84.305 (1) (h) of the statutes is amended to read:
SB490,4,1614
84.305
(1) (h) "Vegetation" means any tree, shrub, hedge,
or other woody plant,
15and includes planted vegetation, natural vegetation, and specimen trees.
16"Vegetation" does not include or grass.
SB490, s. 7
17Section
7. 84.305 (1) (k) of the statutes is repealed.
SB490, s. 8
18Section
8. 84.305 (2) (a) (intro.) and 3. of the statutes are consolidated,
19renumbered 84.305 (2) and amended to read:
SB490,5,8
184.305
(2) Notwithstanding ss. 66.1037 and 86.03,
and subject to sub. (2m), 2upon application, the department
may shall issue permits to sign owners for the
3trimming
, or removal
, or relocation of vegetation that is located in the right-of-way
4of a highway under the jurisdiction of the department for maintenance purposes and
5that obstructs a sign if
any of the following applies: 3. Subject to par. (b), within a
6distance of 500 continuous feet along any portion of the viewing zone, any portion of
7the face of the sign is not viewable because of an obstruction to sight by
natural 8vegetation in the highway right-of-way.
SB490, s. 9
9Section
9. 84.305 (2) (a) 1. of the statutes is repealed.
SB490, s. 10
10Section
10. 84.305 (2) (a) 2. of the statutes is repealed.
SB490, s. 11
11Section
11. 84.305 (2) (a) 4. of the statutes is repealed.
SB490, s. 12
12Section
12. 84.305 (2) (b) of the statutes is repealed.
SB490, s. 13
13Section
13. 84.305 (2m) (b) and (c) of the statutes are created to read:
SB490,5,1714
84.305
(2m) (b) The department may impose on a permit under this section any
15condition or restriction determined to be necessary or suitable by the department if
16the permit application seeks authorization for the trimming or removal of vegetation
17at or with respect to any of the following:
SB490,5,1918
1. An archaeological site or site of a federally recognized American Indian tribe
19or band.
SB490,5,2120
2. A location that is part of a known habitat of endangered species or threatened
21species under s. 29.604.
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3. Vegetation that serves as a junkyard screen, as described in s. 84.31.
SB490,5,2523
(c) The department may deny an application under this section for a permit for
24a sign for which the department has issued a removal order and the removal order
25was received by the sign owner prior to the department's receipt of the application.
SB490, s. 14
1Section
14. 84.305 (3) (a) of the statutes is amended to read:
SB490,6,82
84.305
(3) (a) Subject to pars. (d) to
(g) (h) and
sub. subs. (2m) (b), (4),
and (6), 3a permit issued under this section authorizes the permittee to trim
obstructing
4vegetation or remove
or relocate obstructing
individual plants vegetation to the
5extent necessary to eliminate the obstruction and
remedy any condition specified
6under sub. (2) (a) 1. to 4 provide an unobstructed view of a sign for 500 continuous
7feet within the viewing zone. A permit issued under this section shall specify the
8vegetation or the portion of the highway right-of-way to which the permit applies.
SB490, s. 15
9Section
15. 84.305 (3) (b) of the statutes is amended to read:
SB490,6,2310
84.305
(3) (b) An application for a permit under this section shall specifically
11describe the work proposed by the applicant. The department shall grant or deny an
12application for a permit under this section, and notify the applicant of the
13department's decision, within 60 days of receipt of the application.
Within 30 days
14of receipt of the application, the department shall determine whether the application
15is complete and, if not, the department shall return the application to the applicant
16and inform the applicant of what information, specifically described, must be
17provided by the applicant to complete the application. The department may not deny
18an application for a permit under this section based solely upon receipt by the
19department of an objection or complaint from a property owner or municipality
20receiving notice under par. (c), but the department may consider the objection or
21complaint in determining whether to grant or deny the application for a permit. If
22the department denies an application for a permit under this section, the department
23shall notify the applicant of reasons for the denial.
SB490, s. 16
24Section
16. 84.305 (3) (c) of the statutes is repealed.
SB490, s. 17
25Section
17. 84.305 (3) (d) of the statutes is amended to read:
SB490,7,4
184.305
(3) (d) A permit issued under this section may not authorize trimming
, 2or removal
, or relocation of vegetation located within a municipality and within 10
3feet of the nearest edge of the highway pavement without prior approval for the
4trimming
, or removal
, or relocation from the municipality.
SB490, s. 18
5Section
18. 84.305 (3) (e) of the statutes is renumbered 84.305 (2m) (a) and
6amended to read:
SB490,7,177
84.305
(2m) (a)
A permit issued under this section may not authorize the
8permittee to trim, remove, or relocate vegetation in existence prior to the erection of
9the sign obstructed by the vegetation. Nothing in this paragraph prohibits the The 10department
from issuing may not issue a permit
under this section authorizing the
11trimming
, or removal
, or relocation of vegetation
that, at the time the sign was
12erected, did not obstruct obstructing the view of
the a sign
if the department first
13collected a permit fee under s. 84.30 (10m) for that sign within the immediately
14preceding 5 years. This paragraph does not apply with respect to a sign that is
15attached to a building or similar structure, that is within 100 feet of a highway
16right-of-way, and that advertises activities conducted on the property on which it
17is located.
SB490, s. 19
18Section
19. 84.305 (3) (f) of the statutes is repealed.
SB490, s. 20
19Section
20. 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
21permittee to clear-cut any highway right-of-way. The permit authorizes the
22permittee to trim
, or remove
, or relocate only the vegetation specified in the permit,
23or only vegetation within the area of the right-of-way specified in the permit, in
24accordance with the terms of the permit.
All trimming of vegetation authorized
25under a permit shall be performed in compliance with applicable standards of the
1American National Standards Institute, but if the trimming cannot be accomplished
2in compliance with these standards, the vegetation may be removed and replaced as
3provided in sub. (5).
SB490, s. 21
4Section
21. 84.305 (3) (h) of the statutes is created to read:
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84.305
(3) (h) All trimming and removal of vegetation under a permit issued
6under sub. (2), and all planting of vegetation under sub. (5), shall be conducted within
7the hours of the day and days of the week specified by the department in the permit.
SB490, s. 22
8Section
22. 84.305 (5) (a) of the statutes is amended to read:
SB490,8,199
84.305
(5) (a)
Each Subject to par. (ar), each permit issued under this section
10shall require a permittee that removes
planted vegetation to either relocate the
11planted vegetation or reimburse the department for the value of the planted
12vegetation. The department shall present to the permittee the department's
13calculation of the value of the planted vegetation, and the permittee may elect to
14relocate the planted vegetation or to reimburse the department for the value of the
15planted vegetation as determined by the department any tree with a diameter of 4
16inches or more as measured at 3 feet from the ground, or any other vegetation with
17a diameter of 4 inches or more, to plant comparable replacement vegetation to
18compensate for all such vegetation removed, in compliance with the requirements
19under pars. (d) and (e).
SB490, s. 23
20Section
23. 84.305 (5) (ag) and (ar) of the statutes are created to read:
SB490,8,2421
84.305
(5) (ag) Each permit issued under this section shall require a permittee
22that removes vegetation to also remove the vegetation's stump, to grade level, and
23to dispose of all vegetation removed, including the stump, at a location away from the
24highway right-of-way.
SB490,9,5
1(ar) The department may require that, if vegetation that serves as a natural
2snow fence cannot be trimmed in compliance with the standards specified in sub. (3)
3(g) and is removed, this vegetation shall be replaced with an equally effective,
4substitute means of controlling blowing and drifting snow, which means may be
5synthetic or artificial.
SB490, s. 24
6Section
24. 84.305 (5) (b) of the statutes is repealed.
SB490, s. 25
7Section
25. 84.305 (5) (c) of the statutes is repealed.
SB490, s. 26
8Section
26. 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
10permittee shall determine the diameters of all trees with a diameter of 4 inches or
11more, as measured at 3 feet from the ground, and of all other vegetation with a
12diameter of 4 inches or more, that was removed and shall calculate the sum total of
13these diameters for each category of vegetation, such as for trees, for shrubs, and for
14hedges. In calculating the sum total of these diameters, the permittee shall not
15include in the calculation the diameter of any vegetation that was dead, diseased, or
16determined to be an invasive species at the time of its removal.
SB490,9,2017
2. The permittee shall plant sufficient replacement vegetation with a diameter
18of at least 2 inches so that the sum total of the diameters of the replacement
19vegetation, for each category of vegetation, at least equals the sum total of the
20diameters as calculated under subd. 1. for that category.
SB490, s. 27
21Section
27. 84.305 (5) (e) of the statutes is created to read:
SB490,9,2322
84.305
(5) (e) 1. Subject to subd. 2., the department shall determine where
23replacement vegetation required under this subsection is to be planted.
SB490,9,2524
2. Replacement vegetation required under this subsection shall be planted in
25the highway right-of-way not farther than 10 miles from the location of the removed
1vegetation being replaced. Replacement vegetation may not be planted in front of
2a sign.
SB490, s. 28
3Section
28. 84.305 (6) of the statutes is renumbered 84.305 (6) (a) and
4amended to read:
SB490,10,65
84.305
(6) (a) The department shall have authority to supervise and determine
6how the work authorized under a permit issued under this section is carried out.
SB490,10,10
7(b) The department may
require as a
impose any condition or restriction
under
8any on a permit issued under this section that
the work authorized under the permit
9meet standards established by the department
customarily imposes in connection
10with work performed on highway rights-of-way.
SB490, s. 29
11Section
29. 84.305 (7) of the statutes is amended to read:
SB490,10,1912
84.305
(7) Nothing in this section prohibits a sign owner and the department
13from voluntarily negotiating for, and the department from authorizing without the
14issuance of a permit under this section, the trimming
,
or removal
, or relocation of any
15vegetation in a highway right-of-way in order to provide an unobstructed view of a
16sign, except in situations where sub. (3) (d) would apply if a permit were issued under
17this section. Nothing in this section restricts the department's authority with respect
18to departmental maintenance operations in the rights-of-way of highways under
19the department's jurisdiction.
SB490,10,2121
(1)
This act takes effect on the 30th day after the day of publication.