As used in this part:
- (1) “Barrier” means a fence, parapet wall, guardrail, wire rope safety fence, or other device intended to prohibit entry between the state highway right-of-way and the adjacent property;
- (2) “Certified arborist” means a specialist in the care and maintenance of trees who possesses an active Arborist Certificate from the International Society of Arboriculture;
- (3) “Illegal sign” means a sign that was erected, or is being maintained, in violation of local or state law, rules, or regulations, and which is not permitted as a conforming or nonconforming sign;
(4)
- (A) “Landowner” means any persons, corporation, agency, or body that is the owner of record of a parcel of land that adjoins the state highway right-of-way.
- (B) The county tax assessor’s records will be accepted as verification of the owner of record;
(5)
- (A) “Landscaping mitigation” means the planting of new vegetation to offset damage resulting from removal of existing vegetation, as it relates to erosion control or aesthetics.
- (B) For example, removal of brush, honeysuckle, or thickets may result in slopes that will erode.
- (C) The Arkansas Department of Transportation may require the planting of grass or other ground cover to minimize damage;
- (6) “Legal sign” means a sign that was erected, or is being maintained, in accordance with local or state laws, rules, and regulations, and which is permitted as a conforming or nonconforming sign;
- (7) “Off-premise sign” means a sign advertising products or services not available at the sign site;
- (8) “On-premise sign” means a sign advertising those products or services available at the sign site, including “for sale” or “for lease” signs located at the property they advertise;
- (9) “Owner” means the landowner or sign owner as it relates to the Restore Property Visibility Policy (RPVP) permit;
- (10) “Permittee” means the owner that is requesting the RPVP permit;
- (11) “Selective cutting” means the removal of trees that are defective, of inferior kinds, or obstructing visibility to adjacent property and if removed have minimal impact to the aesthetic value of state highway rights-of-way;
- (12) “Sign” means an outdoor advertising sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents which is visible from any place on the main-traveled way of the portions of the Federal-Aid Highway System regulated by 23 U.S.C. § 131;
- (13) “Sign owner” means any persons, corporation, agency, or body that has the legal or rightful title of a sign; and
- (14) “Vegetation control” is the mowing, bush hogging, trimming, pruning, and/or selective cutting and removal of vegetation on state highway rights-of-way.