The following will apply to all participants:

1. (1) General requirements.

   1. (A) Permittee.

      1. (i) A political subdivision making application to participate in the Adopt-A-Spot Program and meeting the requirements set forth herein may be given a permit to landscape within that subdivision at the sole discretion of the Arkansas Department of Transportation.

      2. (ii)

         1. (a) (a) In selecting appropriate program sites, considerations shall include, but may not be limited to, traffic volumes, traffic types, traffic speed, and the geometrics of the highway.
         2. (b) (b) Those sections determined by the department to be inappropriate for adoption will not be eligible for inclusion in this program.

   2. (B) Restrictions on workers.

      1. (i) The installation and maintenance of landscaping which is within thirty feet (30’) of a travel lane shall be performed by qualified individuals over the age of eighteen (18) and experienced in this type of work.

      2. (ii)

         1. (a) (a) For areas that are to be landscaped and that are located a minimum of thirty feet (30’) from a travel lane, volunteer labor may be utilized if they are under the direction of qualified personnel experienced in this type of work.
         2. (b) (b) No individuals under sixteen (16) years of age shall be allowed to perform any construction or maintenance work covered under this permit unless accompanied and fully supervised by one (1) individual over eighteen (18) years of age for each five (5) individuals under the age of sixteen (16) but over age fourteen (14).
      3. (c) (c) In no event shall an individual under the age of fourteen (14) be allowed by the permittee to be on location during the construction or maintenance or any other work associated with the permit.

   3. (C) Funding.

      1. (i) The entire cost of installation, maintenance, restoration, and removal of landscaping, lighting, and irrigation including all materials, labor, equipment, and any other expenses necessary to accomplish the work covered in this permit will be borne by the permittee.

      2. (ii)

         1. (a) (a) Private donations are acceptable.
         2. (b) (b) However, funding may not include grants or other financing provided by other state or federal programs.

   4. (D) Length of permit.

      1. (i) Approved permits shall be valid for a five-year period subject to all conditions herein and as contained in the permit.
      2. (ii) Permits may be renewed after completion of the initial period at the option of the permittee and with the concurrence of the department.

   5. (E) Public safety and liability.

      1. (i)

         1. (a) (a) No permit shall be approved by the department if it is determined that such proposed landscaping may interfere with the safety of the general public.
         2. (b) (b) The permittee shall agree to fully protect the safety of the general public and participants in or adjacent to the permitted area during construction and maintenance of the landscaping by the proper utilization of signs, barricades, flag persons, and/or lights.
      2. (c) (c) If the work in progress or delivery of materials requires a lane closure, signing shall be in accordance with the current edition of the MUTCD and department policy.
      3. (ii) The permittee shall fully agree to hold harmless the State Highway Commission and the department and its officers, agents, and employees from any and all damages of any nature to any person or property due to construction, maintenance, performance, or nonperformance of any permitted work, landscaping, or other activities associated with this permit.
   6. (F) Conditions of participation. The permittee is responsible for advising participants of the provisions of this permit;

2. (2) Construction requirements.

   1. (A) Plan submittal.

      1. (i)

         1. (a) (a) A detailed plan shall be prepared by the individuals experienced in this type of work.
         2. (b) (b) The plans shall show all existing facilities as well as the location of the state right-of-way and the specifics concerning the proposed landscaping, signing, lighting locations, and irrigation details.
      2. (ii) This plan shall be submitted by the permittee to the department’s District Engineer for the department’s review and approval.

      3. (iii)

         1. (a) (a) No work shall begin until the permit has been approved by the department.
         2. (b) (b) The department’s District Engineer shall be given three (3) days’ notice prior to the beginning of work on this permit.

   2. (B) Materials.

      1. (i)

         1. (a) (a) All planting material shall be healthy and disease-free.
         2. (b) (b) To the extent possible and to minimize maintenance, plantings shall consist of primarily evergreens and perennials.
      2. (c) (c) If annual plants are incorporated, periodic renewal will be necessary to maintain the attractiveness of the area.

      3. (d) (d) Plants which obstruct sight distance shall not be permitted.

         1. (e) (e) In order to further minimize maintenance, the use of low-growing ground covers is encouraged.
         2. (f) (f) The layout of the landscaping and plantings shall not be designed to depict symbols, logos, or slogans.

      4. (ii)

         1. (a) (a) If fountains or fixtures such as birdbaths, figurines, or other sculptures are to be installed, they must be shown on the plans when submitted for review.
         2. (b) (b) They shall be of such size and location as to not create a hazard or obstruct sight distance and shall not depict symbols, logos, or slogans of any nature.

   3. (C) Signing.

      1. (i)

         1. (a) (a) When the total landscaping area covered under a permit exceeds two hundred square feet (200 ft²), a sign or signs acknowledging those responsible for the placement and maintenance of the landscaping may be erected in locations where they do not interfere with sight distance or create a hazard.
         2. (b) (b) Furnishing and installing the signs shall be the responsibility of the department.
      2. (c) (c) Sign locations shall be shown on the plan submittal.

      3. (ii)

         1. (a) (a) The signs will be stationary and mounted on no more than two (2) posts not exceeding three and one-half inches by one and one-half inches (3 1/2" x 1 1/2").
         2. (b) (b) Total height of the sign assembly will not exceed three feet (3’).

      4. (iii)

         1. (a) (a) Sign borders and lettering will be green in color placed upon a white background.
         2. (b) (b) Each sign face will be rectangular in shape and will not exceed four square feet (4 ft²) in area.
      5. (c) (c) A sign may be printed on front and back faces but will not depict symbols, logos, or individual titles, nor will it include the telephone numbers or addresses of those responsible for the landscaping.
      6. (d) (d) No more than one (1) sign will be erected in an island and a maximum of four (4) signs will be allowed per intersection or area.
      7. (iv) Lighting solely for the purpose of illuminating a sign shall not be allowed.

   4. (D) Lighting.

      1. (i) Any lighting which is proposed must be approved through the same process as the overall landscaping plans.
      2. (ii) The lighting should generally be limited to the low intensity, low voltage type.
      3. (iii) Any lighting which, in the opinion of the department, performs in such a manner as to be hazardous or in any way distracts the traveling public shall be removed immediately; and

3. (3) Maintenance requirements.

   1. (A) Watering system.

      1. (i) A watering system suitable for sustaining plant growth shall be provided.
      2. (ii) All watering systems must be situated and operated to contain all water within the landscaped area.
   2. (B) Frequency of maintenance. Maintenance should be provided at a level and frequency sufficient to provide an actively growing, attractive, and well-maintained area that is free of objectionable grass, weeds, brush, trash, etc.

   3. (C) Restoration of damaged highway.

      1. (i) No portion of the traveled surface or shoulder of any highway shall be disturbed by the permittee unless prior approval is obtained from the department’s District Engineer.
      2. (ii) All restoration work shall be done in accordance with the instructions of the department’s District Engineer.

   4. (D) Removal conditions.

      1. (i) If in the opinion of the department the landscaping provided under the Adopt-A-Spot Program becomes objectionable due to insufficient maintenance, interferes with public safety, conflicts with highway improvements/maintenance, or becomes a nuisance, the landscaping shall be restored by the permittee or the permit shall be null and void and the landscaping shall be promptly removed by the permittee as directed by the department’s District Engineer.
      2. (ii) No reimbursement will be provided by the department for the cost of any item covered under this permit, or the cost of its installation, restoration, or removal.