SB 169 - Outdoor Advertising - cert. tree trimming not allowed
Georgia Senate - 1995/1996 Sessions
SB 169 - Outdoor Advertising - cert. tree trimming not allowed
Page Numbers - 1/ 2/ 3/ 4
1. Egan 40th
Senate Comm: Trans / House Comm: Trans /
Senate Vote: Yeas 48 Nays 0
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Senate Action House
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1/24/95 Read 1st time 2/21/96
2/15/96 Favorably Reported 3/7/96
Committee Amend/Sub Sub
2/19/96 Read 2nd Time 2/26/96
2/20/96 Read 3rd Time 3/13/96
2/20/96 Passed/Adopted
Postponed 3/12/96*
Passed/Adopted 3/13/96
Comm/Floor Amend/Sub CS/FA
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*3/12/96 Postponed until 3/13/96.
Code Sections amended: 32-6-75.4
SB 169 SB 169/HCSFA
HOUSE SUBSTITUTE TO SENATE BILL 169
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Code Section 32-6-75.2 of the Official Code of
1- 2 Georgia Annotated, relating to the authority of the
1- 3 commissioner of transportation to issue permits for trimming
1- 4 trees and vegetation on state rights of way, so as to
1- 5 provide for the establishment of an effective vegetation
1- 6 control program on state rights of way for the promotion of
1- 7 tourism; to amend Code Section 32-6-75.3 of the Official
1- 8 Code of Georgia Annotated, relating to applications for tree
1- 9 trimming permits and annual renewals, so as to provide for
1-10 the setting of the amounts of application and renewal fees;
1-11 to recover the cost of administering the vegetation control
1-12 program and to support the beautification of the state's
1-13 interstate highway system through allocation of a portion of
1-14 such fees to Georgia's wildflower program; to provide for
1-15 related matters; to provide for severability; to provide an
1-16 effective date; to repeal conflicting laws; and for other
1-17 purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-19 Code Section 32-6-75.2 of the Official Code of Georgia
1-20 Annotated, relating to the authority of the commissioner of
1-21 transportation to issue permits for trimming trees and
1-22 vegetation on state rights of way, is amended by striking
1-23 said Code section in its entirety and inserting in lieu
1-24 thereof the following:
1-25 "32-6-75.2. (Index)
1-26 Notwithstanding any other provisions of this title, the
1-27 commissioner shall have the authority to issue permits and
1-28 the annual renewal thereof for the trimming of trees and
1-29 vegetation on the state's rights of way for the purposes
1-30 of administering this article. The General Assembly
1-31 declares it to be in the public interest in this state for
1-32 provisions to be made for the visibility of outdoor
1-33 advertising displays legally erected or maintained along
S. B. No. 169 (SUB)
-1- (Index)
SB 169/HCSFA
2- 1 the highways of this state in order to promote tourism and
2- 2 to provide information regarding places offering lodging,
2- 3 food, motor vehicle fuels and lubricants, motor vehicle
2- 4 service and repairs, or any other services or products
2- 5 available to the general public. So as to promote those
2- 6 objectives, the commissioner shall provide, by rule and
2- 7 regulation, for the issuance and annual renewal of permits
2- 8 for the trimming of trees and vegetation on the state
2- 9 rights of way with respect to outdoor advertising displays
2-10 that were legally erected or legally maintained adjacent
2-11 to said rights of way."
SECTION 2.
2-12 Code Section 32-6-75.3 of the Official Code of Georgia
2-13 Annotated, relating to applications for tree trimming
2-14 permits and annual renewals, is amended by striking said
2-15 Code section in its entirety, which reads as follows:
2-16 "32-6-75.3. (Index)
2-17 (a) Application for a tree trimming permit and the annual
2-18 renewal thereof shall be made upon the forms prescribed
2-19 and provided by the department and shall contain the
2-20 signature of the applicant and such other information as
2-21 may be required by the department's rules and regulations.
2-22 The applicant shall either:
2-23 (1) Attach to the application form a copy of the
2-24 landscape plan for the area desired to be trimmed.
2-25 After approval by the department the applicant shall
2-26 trim and implement the landscape plan of the area at his
2-27 or her own expense; or
bsd d ent d ¼ ÿ e@ d ,ÿ e@ d ¹ÿ e@ d ÿ e@ d ‡ÿ e@ d îÿ e@
2-28 (2) Request that the department develop a landscape plan
2-29 and trim the area. The applicant shall then reimburse
2-30 the department for the plan and the trimming and
2-31 implement the landscape plan at the applicant's own
2-32 expense.
2-33 (b) An application fee of $25.00 shall accompany the
2-34 application for each tree trimming permit, and both the
2-35 application and the fee shall be submitted to the
2-36 department. There shall be a fee of $25.00 for the annual
2-37 renewal of the permit. The money received from these
2-38 permit fees shall be used to help defray the expenses of
2-39 administering this Code section, any provisions of Code
2-40 Section 48-2-17 to the contrary notwithstanding.",
2-41 and inserting in lieu thereof the following:
S. B. No. 169 (SUB)
-2- (Index)
SB 169/HCSFA
3- 1 "32-6-75.3. (Index)
3- 2 (a) The commissioner of transportation shall issue to the
3- 3 owners or holders of lawfully issued outdoor advertising
3- 4 permits, including permits for those structures described
3- 5 as conforming and nonconforming by federal regulations, to
3- 6 selectively trim trees and vegetation located on the right
3- 7 of way adjacent to such outdoor advertising and replace
3- 8 the same, as directed, whenever such vegetation prevents
3- 9 reasonable visibility for a distance not to exceed 500
3-10 yards to occupants of vehicles using the main traveled
3-11 ways of the controlled systems. The maximum area to be
3-12 controlled shall not exceed 500 feet. The district
3-13 engineer for the department shall issue a vegetation
3-14 control permit where all criteria are met following
3-15 submission of information specified and a fee as specified
3-16 by rule and regulation for each location involved. When
3-17 work pursuant to a vegetation control permit has been
3-18 completed, the department may plant wildflowers within the
3-19 500 yard viewing zone. The cost of planting the
3-20 wildflowers shall be included in the vegetation control
3-21 application fee.
3-22 (b) An application fee shall accompany the application for
3-23 each vegetation control permit and both the application
3-24 and the fee shall be submitted to the department. There
3-25 shall be a fee for the annual renewal of the permit. The
3-26 department shall promulgate rules and regulations setting
3-27 forth the application fees and renewal fees. Such
3-28 application and renewal fees shall be established by the
3-29 State Transportation Board in reasonable amounts in order
3-30 to recover costs of administering the vegetation control
3-31 program.
3-32 (c) If the owner of an advertising device chooses to
3-33 voluntarily remove a nonconforming structure, one
3-34 vegetation control permit fee will be waived.
3-35 (d) This waiver shall not be used as evidence in any
3-36 future eminent domain proceeding relating to nonconforming
3-37 structures.
3-38 (e) Notwithstanding any other law to the contrary, it is
3-39 the legislative intent that issuance of permits and
3-40 carrying out of the work pursuant to this Code section are
3-41 lawful activities and shall not be construed as violating
3-42 any provision of law."
S. B. No. 169 (SUB)
-3- (Index)
SB 169/HCSFA
SECTION 3.
4- 1 In the event any section, subsection, sentence, clause, or
4- 2 phrase of this Act shall be declared or adjudged invalid or
4- 3 unconstitutional, such adjudication shall in no manner
4- 4 affect the other sections, subsections, sentences, clauses,
4- 5 or phrases of this Act, which shall remain of full force and
4- 6 effect as if the section, subsection, sentence, clause, or
4- 7 phrase so declared or adjudged invalid or unconstitutional
4- 8 were not originally a part hereof. The General Assembly
4- 9 declares that it would have passed the remaining parts of
4-10 this Act if it had known that such part or parts hereof
4-11 would be declared or adjudged invalid or unconstitutional.
SECTION 4.
4-12 This Act shall become effective upon its approval by the
4-13 Governor or upon its becoming law without such approval.
SECTION 5.
4-14 All laws and parts of laws in conflict with this Act are
4-15 repealed.
S. B. No. 169 (SUB)
-4- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97