PRIOR PRINTER'S NOS. 904, 2236 PRINTER'S NO. 2681
No. 846 Session of 1981
INTRODUCED BY DAVIES, KOLTER, SWEET, VAN HORNE, COLAFELLA,
J. L. WRIGHT, BURNS, PETERSON, PISTELLA, OLIVER, PRATT AND
TADDONIO, MARCH 11, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 15, 1981
AN ACT
1 Relating to the control of vegetation within the right-of-way of
2 highways; providing for applications, inspections and
3 permits; and fixing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the "Highway
8 Vegetation Control Act."
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have, unless the context clearly indicates otherwise, the
12 meanings given to them in this section:
13 "Department." The Department of Transportation of the
14 Commonwealth of Pennsylvania.
15 "Obstruction of view." When the intent of the advertising is
16 not discernible for a total of five seconds in the viewing zone.
17 "Off-premises outdoor advertising device." An "outdoor
1 advertising device" as defined by, and for which a permit has
2 been issued pursuant to, the act of December 15, 1971 (P.L.596,
3 No.160), known as the "Outdoor Advertising Control Act of 1971,"
4 or for which a permit has been issued pursuant to any local
5 ordinance, and which advertises activities not conducted on the
6 property on which it is located.
7 "On-premises outdoor advertising device." An "outdoor
8 advertising device" which advertises activities conducted on the
9 property on which it is located.
10 "Outdoor advertising device" or "device." Both on-premises
11 outdoor advertising devices and off-premises outdoor advertising
12 devices.
13 "Screening" or "screened." The obstruction of view of a
14 device as viewed from the center of the lane of traffic of the
15 highway and from a height of no more than 60 inches above the
16 highway surface.
17 "Vegetation." All woody and herbaceous plants.
18 "Viewing zone." That distance measured along the center of
19 the lane of traffic of a highway which a vehicle will travel at
20 the posted speed limit.
21 Section 3. Application; permit.
22 (a) The owner of any device ON AN INTERSTATE OR FEDERAL AID <--
23 PRIMARY HIGHWAY which is screened by vegetation may make
24 application to the department for a permit to take remedial
25 action as provided in this act. Such application shall contain
26 the following information:
27 (1) the name, address and telephone number of the
28 applicant;
29 (2) the location of the device, including the route
30 number of the highway, side of the road and distance and
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1 direction of the nearest identifying landmark;
2 (3) the advertising displayed on the device;
3 (4) the kind, size and location of vegetation for which
4 remedial action is requested;
5 (5) the type of remedial action requested; and
6 (6) the permit number, if any, if the device is an off-
7 premises outdoor advertising device.
8 (b) The department may by regulation adopt and promulgate a
9 form for the application to take remedial action; provided,
10 however, if no such form has been adopted and promulgated on or
11 before the effective date of this act, any application to take
12 remedial action shall be complete if it contains the information
13 set forth in subsection (a).
14 (c) The department may charge a permit fee of $30 PLUS <--
15 ACTUAL COSTS OF INSPECTION for each application IN ACCORDANCE <--
16 WITH DEPARTMENT REGULATIONS.
17 Section 4. Action by department.
18 (a) Within ten days of the filing of the application, the <--
19 THE department shall inspect the device and surrounding <--
20 vegetation to determine whether or not to grant the permit. The
21 applicant shall be advised by the department when such
22 inspection shall occur so that the applicant, if it so desires,
23 may be present during such inspection.
24 (b) Within 30 days of the filing of the application, it
25 shall either be approved or disapproved. If the application is
26 approved, the permit immediately shall be issued. If the
27 application is disapproved, the department shall provide to the
28 applicant an explanation setting forth the reasons for the
29 disapproval and the manner in which the application may be
30 corrected or modified or both in order to obtain the permit. If
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1 the application is disapproved and if the applicant determines
2 that said application may not be corrected or modified based on
3 the reasons set forth by the department, the applicant may
4 appeal to Commonwealth Court within 30 days of such disapproval.
5 (c) If the application neither is approved nor disapproved
6 within 30 days of the filing thereof, the application shall be
7 deemed to be approved and the permit shall be deemed to have
8 been granted immediately.
9 (d) The permit issued or deemed to be issued shall be valid
10 for a period of 120 days from the date the application is
11 approved or deemed to have been approved.
12 Section 5. Bonds.
13 The department may require an applicant to whom a permit has
14 been issued to post a blanket bond covering all work to be done
15 pursuant to all permits issued to an applicant, to insure and
16 protect the Commonwealth against loss or damage to trees or
17 vegetation for which remedial action has not been approved or
18 deemed to be approved and occasioned by pruning, trimming,
19 relocation or removal of trees or vegetation and to require the
20 applicant to indemnify the department for the replacement cost
21 of any such trees or vegetation so damaged or destroyed. The
22 amount of the bond shall be determined by the department and
23 shall bear a reasonable relation to the nature of the work being
24 done by the applicant.
25 Section 6. Remedial action.
26 (A) If the application is approved or deemed to be approved <--
27 and the permit has been granted or deemed to have been granted,
28 the applicant may take PERMIT MAY AUTHORIZE all or any of the <--
29 following action:
30 (1) The applicant may raise or lower or adjust the
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1 device to reduce the conflict with the vegetation so as to
2 eliminate, as nearly as possible, the screening.
3 (2) The applicant may prune or trim the vegetation to
4 reduce or eliminate the screening.
5 (3) The applicant may prune, trim, relocate or, remove <--
6 OR REPLACE individual plants in the vegetation to reduce or <--
7 eliminate the screening.
8 (B) ANY ACTIVITY BY AN APPROVED APPLICANT SHALL NOT CREATE <--
9 AN ABNORMAL SAFETY HAZARD OR INTERFERE WITH THE FLOW OF TRAFFIC.
10 Section 7. Relief from liability for damages.
11 Where persons are working on a right-of-way under a permit <--
12 granted pursuant to this act, the Commonwealth shall not be
13 liable for any damages to such persons or their property <--
14 resulting therefrom.
15 Section 8. Rules and regulations.
16 The department shall have the authority and its duty shall be
17 to promulgate rules and regulations to establish standards and <--
18 limitations on the nature and extent of any pruning or trimming
19 to be performed to eliminate screening or as respects the
20 relocation or removal of any vegetation. AND OTHERWISE TO <--
21 IMPLEMENT THIS ACT.
22 Section 9. Application of act.
23 This act shall only apply to outdoor advertising devices
24 lawfully erected.
25 SECTION 10. EXCLUSION FROM ACT. <--
26 THIS ACT SHALL NOT APPLY TO THE PENNSYLVANIA TURNPIKE AND ANY
27 ROADS OPERATED BY OR UNDER THE CONTROL OF THE PENNSYLVANIA
28 TURNPIKE COMMISSION.
29 Section 10 11. Unlawful acts; penalties. <--
30 (a) It shall be unlawful for any owner of a device to prune,
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1 trim, relocate or remove any vegetation so as to reduce or
2 eliminate screening, unless such owner has been granted a permit
3 pursuant to this act. Violation of this section shall be a <--
4 violation of section 410 of the act of June 1, 1945 (P.L.1242,
5 No.428), known as the "State Highway Law."
6 (b) Neither the department, nor anyone acting pursuant to
7 orders from the department, shall plant vegetation otherwise
8 permitted by section 410 of the "State Highway Law" so as to
9 result in screening of any device lawfully erected prior to such
10 planting.
11 (C) VIOLATION OF THIS ACT OR OF A PERMIT ISSUED UNDER THIS <--
12 ACT SHALL BE A SUMMARY OFFENSE PUNISHABLE BY A FINE OF $100 TO
13 $300 PLUS THE VALUE OF ANY VEGETATION DESTROYED OR THE COST OF
14 RESTORATION AT THE OPTION OF THE DEPARTMENT.
15 SECTION 12. IMPLEMENTATION DELAYED.
16 THE PROVISIONS OF SECTION 4 OF THIS ACT SHALL NOT BE
17 IMPLEMENTED FOR A PERIOD OF ONE YEAR FROM THE EFFECTIVE DATE OF
18 THIS ACT.
19 SECTION 13. LIMITATION.
20 NO PROVISION OF THIS ACT IS INTENDED TO CONFLICT WITH THE
21 INTENT OF THE FEDERAL ACT OF OCTOBER 22, 1965 (PUBLIC LAW 89-
22 285) KNOWN AS THE HIGHWAY BEAUTIFICATION ACT OF 1965 OR NORMAL
23 CONSERVATION PRACTICES.
24 Section 11 14. Effective date. <--
25 This act shall take effect in 60 days.
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