Rule 672-6-.10. Destruction of Property on the Rights-of-Way

Pursuant to O.C.G.A. §§ 32-6-75.3 and 32-6-81, trees, shrubs, or other property on the state right-of-way shall not be unlawfully destroyed, altered, replaced, or removed. The Department will prosecute any infraction of this provision and the permit or permits for the signs adjacent to such infraction may be revoked. In order to revoke a permit the Department shall not be required to obtain a criminal conviction for the destruction of the property.

1. (a) Prior to revocation of a permit the Department shall give 30 days' written notice via certified mail to the permit holder and the landowner, this notice shall inform the landowner and permit holder of the right to request a hearing in accordance with O.C.G.A. § 50-13-13et seq.
2. (b) The Department may seek as an additional remedy at the same Administrative Hearing, in addition to revocation of the permit, a prohibition of the erection or maintenance of any signs within 500 feet on either side of that sign site or sites for a period not to exceed five (5) years.

Authority: O.C.G.A. Secs. 32-2-2, 32-6-90, 50-13-4.

History. Original Rule entitled "Destruction of Property on the Rights-of-Way" adopted. F. Dec. 2, 1976; eff. Dec. 22, 1976.

Amended: ER. 672-6-0.10-.10 entitled "Appeals" adopted. F. Jan. 18, 1980; eff. Jan. 17, 1980, the date of adoption.

Amended: New Rule entitled "Destruction of Property on the Rights-of-Way" adopted. F. Sept. 24, 1980; eff. Oct. 14, 1980.

Amended: F. Sept. 15, 1988; eff. Oct. 5, 1988.

Repealed: New Rule of same title adopted. F. Feb. 22, 2005; eff. Mar. 14, 2005.

Amended: F. Mar. 19, 2012; eff. Apr. 8, 2012.