(a)

1. (1) It is the policy of the Arkansas Department of Transportation to allow, by Restore Property Visibility Policy (RPVP) permits, the mowing, bush hogging, cutting, trimming, pruning, and/or selective removal of vegetation on state highway rights-of-way to restore the visibility of property and signs from state highways.
2. (2) This policy permits landowners to return the vegetation height of highway right-of-way to that of the landscape of the adjoining property.
3. (3) This policy also permits sign owners to restore visibility which has diminished since the original erection of the signs.

(b)

1. (1) This policy for signs applies to the visibility of legal, off-premise signs, both conforming and nonconforming, and not to illegal signs.
2. (2) RPVP permits will not be issued in relation to illegal signs or to sign owners with other illegal or abandoned signs.

(e)

1. (1) RPVP permits must be obtained for each location at which vegetation control will occur and must be renewed in a four-year cycle in July of even numbered years.
2. (2) Where applicable, the RPVP permit will be associated to the relevant sign permit.

(g) RPVP permits must be obtained for vegetation control that could:

1. (1) Impact public safety;
2. (2) Cause drainage damage; or
3. (3) Create erosion problems.

(j)

1. (1) Vegetation control within median areas of divided highways will be considered on a case-by-case basis.
2. (2) If approved, the permittee will be required to submit a Highway Access Safety Plan.

(l)

1. (1) RPVP permits authorize vegetation control only in accordance with accepted landscaping and horticultural principles.
2. (2) All work will be performed in a professional manner, and cuttings and other debris are to be removed at the time the work is performed.
3. (3) Vegetation may be chipped or mulched and spread uniformly on the site if approved in the permit.
4. (4) Trees that cannot be mowed or bush hogged may be trimmed or pruned provided the work will not permanently damage or destroy the trees or weaken the condition of the trees so that they are susceptible to disease or insect infestation.
5. (5) Mitigating landscaping may be required to compensate for the tree removal.

(m)

1. (1) RPVP permits may authorize the removal of dead or diseased trees or the selective cutting of any other trees requested by the permittee and approved by the department.
2. (2) Only those trees as specified in the RPVP permit and approved by the department may be removed.
3. (3) Mitigating landscaping may be required to compensate for the tree removal.

(p)

1. (1) Access to sites adjacent to interstate and other controlled access highways must be gained without using the main travel way of the highway.
2. (2) If the department determines access from the travel way is the only feasible alternative, the department may approve a Highway Access Safety Plan submitted by the permittee as part of the RPVP permit.

(q)

1. (1) The Highway Access Safety Plan shall comply with all work zone safety requirements in accordance with the:

   1. (A) Manual for Uniform Traffic Control Devices;
   2. (B) Department Standard Roadway Drawings for Standard Traffic Control for Highway Construction; and
   3. (C) The current edition of the department’s Standard Specifications for Highway Construction, 27 CAR pt. 90.
2. (2) Traffic control devices shall be supplied, installed, and maintained by the permittee.

(r)

1. (1) The Highway Access Safety Plan will require a department inspector on-site for the duration that the permittee or its representatives are adjacent to the interstate or controlled access highway for work zone and vegetation control activities.
2. (2) The permittee will be charged two hundred fifty dollars ($250) per day for each day the inspector will be required on-site.
3. (3) Any partial days will be counted as full days when assessing this charge.

(t)

1. (1) For access to a site adjacent to interstate and other controlled access highways that is restricted by a fence, a gate may be requested to provide access for right-of-way vegetation control only.
2. (2) Gates will be permitted upon any required approval from the Federal Highway Administration.

(u)

1. (1) Any gate installed shall remain locked when the vegetation control activity is not underway.
2. (2) The permittee will be fined two hundred dollars ($200) for each time a gate is found unlocked and unattended unless corrected within twenty-four (24) hours of being notified by the department.
3. (3) This subsection does not apply if the lock and chain have been cut by vandals over which the permittee had no control.
4. (4) However, upon discovery of the vandalism, the permittee will make any necessary repairs within two (2) business days.

(w)

1. (1) Access through permitted gates is prohibited for routine billboard maintenance such as changing sign messages.
2. (2) When gates are used for sign maintenance or roadway access, the permittee will be fined two hundred dollars ($200) per occurrence.

(x) Vegetation control will not be allowed within five hundred feet (500’) of:

1. (1) National parks;
2. (2) State parks;
3. (3) County parks;
4. (4) City parks;
5. (5) Wildlife management areas;
6. (6) Cemeteries; or
7. (7) Where plantings are part of a public or private highway beautification or enhancement project.

(z)

1. (1) Vegetation control should not leave large, open spaces or gaps in the general outline of the tree.
2. (2) Shaping of trees to the extent practical may be allowed to control and direct the growth in a manner consistent with the remaining vegetation of the adjacent areas along the highway right-of-way.
3. (3) Shaping of trees shall only be allowed if performed under the direction of or as prescribed in a plan design by a certified arborist.
4. (4) The general outline of the tree should not be changed if trimmed in accordance with this policy.

(bb)

1. (1) RPVP permits granted for vegetation removal may require landscaping mitigation in the form of replacement plantings.
2. (2) If an applicant removes vegetation and the result is that a nonconforming junkyard or unsightly area also becomes visible, the department may also require planting of smaller trees or vegetation of a sufficient height to screen the area.
3. (3) Landscaping mitigation requirements are to be determined by the department.
4. (4) The initial cost and maintenance of these plantings shall be the responsibility of the permittee.
5. (5) In lieu of plantings, a privacy fence may be installed with the permission of the landowner.

6. (6) The permittee will be responsible for any maintenance or repairs to the fence as deemed necessary by the District Engineer.

   1. (cc)
7. (1) Stumps shall be cut or ground flush with the ground and treated with an Environmental Protection Agency-approved herbicide immediately after the stump is cut.
8. (2) Only the stumps are to be treated.
9. (3) The use of herbicides or chemicals on the grass or ground cover is not allowed.

10. (4)

    1. (A) Spraying an Environmental Protection Agency-approved herbicide along a privacy fence as described in subsection (b)(b) of this section would generally be acceptable.
    2. (B) However, there are restricted areas, such as wellhead protection areas, that herbicide spraying would not be allowed.

    3. (C) Identification of these restricted areas will be made during the environmental review process before issuing a permit.

       1. (dd)
11. (1) All mowing or cutting must be accomplished with hand tools, wheeled machinery, or rubber tracked machines not exceeding three (3) tons.
12. (2) No steel track equipped machines are allowed.
13. (3) Grass and weeds may be mowed, but surface growth of at least four inches (4”) must be left for erosion control.
14. (4) Digging, scraping, bulldozing, clear cutting, uprooting trees, or scalping the ground is not allowed.

(hh) The permittee is responsible for repairing any damage to the right-of-way as a result of vegetation control activities including but not limited to rutting, erosion, or damage to permitted utilities.

1. (ii) The permittee shall be required to carry liability insurance with a limit of at least one million dollars ($1,000,000) per occurrence.

(jj)

1. (1) A performance bond of at least one thousand dollars ($1,000) per site shall be required to ensure the restoration of highway right-of-way.
2. (2) In lieu of an individual performance bond for each site, sign owners may choose to post a standing performance bond in an amount of at least one thousand dollars ($1,000) per site up to a maximum of fifty thousand dollars ($50,000).

(kk) The permittee fully agrees to hold harmless the State Highway Commission and the department and their officers, agents, and employees from any and all damages of any nature to any person or property due to any performance or nonperformance of any work authorized by the RPVP permit.

1. (ll)
2. (1) The department may, with good cause, deny, revoke, or amend any RPVP permit.

3. (2) If a sign permit is revoked the permittee has a right to request an administrative hearing.

   1. (mm)
4. (1) All RPVP permits must be renewed in four-year cycles beginning in July 2022 (see subsection (e) of this section).
5. (2) All RPVP permits must be renewed at the same time regardless of the original date of issue.
6. (3) The permits will allow cutting up to four (4) times per year.
7. (4) The renewal fee is one hundred sixty dollars ($160) for a four-year renewal.

(nn)

1. (1) The permittee must notify the appropriate department District Engineer a minimum of three (3) working days prior to performing any vegetation control activities.
2. (2) The department, at its option, may arrange to have an inspector on site while work is being performed.