- (a) Restore Property Visibility Policy (RPVP) permits are issued by the Arkansas Department of Transportation’s District Engineer for the highway district in which the vegetation control site is located and are issued in coordination with department Right of Way and Environmental Divisions, and Federal Highway Administration as necessary.
(b) Individual RPVP permits must be requested for each site using the department’s application form and include:
- (1) Eight-inch-by-ten-inch (8” x 10”) photographs of the state highway right-of-way vegetation interfering with the view of the site and which is the subject of the RPVP permit request;
- (2) A specific written proposal of the vegetation control work to be performed on the highway right-of-way to restore the visibility of the site;
(3)
- (A) A drawing of the highway right-of-way area where the work is to be performed indicating the location of sprinkler systems, vegetation to be mowed, bush hogged, cut, trimmed, pruned, and/or removed on the right-of-way.
- (B) The drawing shall also show the length of frontage along the highway right-of-way boundary of the tract of land adjacent to the proposed area of vegetation control;
- (4) Proof of liability insurance with a limit of at least one million dollars ($1,000,000) (see 27 CAR § 131-103(ii));
(5)
- (A) A performance bond in the amount of at least one thousand dollars ($1,000) per site issued or countersigned by a resident Arkansas agent or in the form of a cashier’s check.
- (B) In lieu of a performance bond for each site, a standing performance bond in the amount equal to at least one thousand dollars ($1,000) per site up to a maximum of fifty thousand dollars ($50,000) may be posted (see 27 CAR § 131-103(jj));
- (6) A signed statement or statements by the landowner or landowners of record of the land at the proposed site or the landowner or landowners of record of an abutting tract or tracts of land where the vegetation cutting will occur, indicating concurrence with the proposed work on that portion of the highway right-of-way abutting the landowner’s tract or tracts (see 27 CAR § 131-103(c) and (o));
- (7) An application fee, nonrefundable, made payable to the department in the amount of one hundred sixty dollars ($160) per site designated for vegetation control (see 27 CAR § 131-103(mm)); and
- (8) A Highway Access Safety Plan as required by the department’s District Engineer (see 27 CAR § 131-103(p) – (s)).
(c)
- (1) For permit applications that meet the terms of this part, the appropriate department’s District Engineer will coordinate with the department’s Right of Way and Environmental Divisions and request concurrence prior to issuing an RPVP permit.
- (2) The department shall grant or deny these permits within sixty (60) days from the date on which the application was filed with the department’s District Engineer.
(d)
- (1) For permit applications that do not meet the terms of this part or require a Highway Safety Access Plan, the department will respond accordingly.
- (2) The department’s sixty-day review time will be suspended for the duration the permittee is addressing the department’s responses.
(e)
- (1) The RPVP permittee will advise the department’s District Engineer of planned vegetation control activities at least three (3) working days prior to beginning work.
- (2) The department, at its option, may arrange to have an inspector at the site while work is being performed (see 27 CAR § 131-103(nn)).
- (f) For RPVP permits that include a Highway Access Safety Plan, the RPVP permittee shall advise the department’s District Engineer of planned vegetation control activities at least five (5) working days prior to beginning work in order to arrange for an inspector to be onsite (see 27 CAR § 131-103(oo)).
(g)
- (1) Within thirty (30) calendar days from completion of work on an RPVP permit that included a Highway Access Safety Plan, the permittee is required to deliver a fee made payable to the department in the amount of two hundred fifty dollars ($250) per day for each day the department inspector reported to the site.
- (2) Failure to make payment is considered a violation of the RPVP permit and will be handled in accordance with 27 CAR § 131-104.