PURPOSE: This rule provides for the cutting and trimming of vegetation under controlled conditions on highway right-of-way when this vegetation obscures a lawful sign under sections 226.130 and 226.585, RSMo.

1. (1) Permits. A permit is required to cut or trim any vegetation in front of any lawful sign. A separate permit is required for each sign structure. Permits to cut vegetation will be issued only for lawful signs which are at least five (5) years old. Permits to trim trees will be issued only after a lawful sign is at least two (2) years old. A vegetation permit may be denied or limited if the plan is deemed to be detrimental to the stability of the state right-of-way as determined by the roadside enhancement manager.

   1. (A) Application. A permit application to do cutting and trimming shall be obtained from the area office (see 7 CSR 10-6.010). Applicants shall serve a copy of their permit application upon adjacent property owners and shall provide proof of service at the time the application is filed in the area office. Proof of service may be a copy of a certified return mail receipt. Objections by adjacent property owners may serve to limit the scope of the permit as prescribed in subsection (1)(C) of this rule.
   2. (B) Fee. The cost of a permit for trimming and cutting is determined by the vegetation to be removed. All diameter measurements contained in this rule shall be measured at four and one-half feet (4 1/2') above ground level. There is no fee to trim trees in accordance with subsection (3)(F) of this rule or remove brush and trees with a diameter of less than six inches (6"), but a permit will still be required. The fee to remove each tree with a diameter equal to or greater than six inches (6") is one hundred dollars ($100) plus an additional one hundred dollars ($100) for every inch of diameter greater than six inches (6"). Measurements for diameter will be rounded down to the nearest inch. For example, the fee for trimming or removing a tree six and three-fourths inches (6 3/4") in diameter would be one hundred dollars ($100); the fee for a tree ten and one-half inches (10 1/2") in diameter would be five hundred dollars ($500). A performance bond in an amount up to one thousand dollars ($1,000) shall be required to ensure restoration of highway right-of-way. Fees will be placed in a roadside enhancement fund and utilized by the department to plant trees and do other landscaping on highway right-of-way. A cash bond equal to the amount of vegetation to be removed must be filed with the department prior to any work on the right-of-way. All fees must be paid prior to the commencement of any tree trimming.
   3. (C) Scope. Permits will only allow the cutting of vegetation necessary to clear the sign’s visibility zone as determined by the permit inspector and the applicant at the time the permit is issued. This visibility zone is an area on the right-of-way four hundred fifty feet (450') on interstate and freeway and nonfreeway primary highways. The length is from the edge of the sign face closest to the highway pavement in a direction parallel to the pavement.
   4. (D) Duration. All permits shall expire after one hundred twenty (120) days.
2. (2) Access. Access to the cutting or trimming area shall be from private property or outer roadways and cannot be made from the through traffic roadway of any highway maintained by the department without written permission from the department. Parking of equipment or placement of materials on the traffic lanes or shoulders is strictly prohibited.

3. (3) Conditions. The following conditions shall apply to trimming and cutting of vegetation on highway right-of-way:

   1. (A) Removal. All vegetation trimmed or cut will be removed from the right-of-way and no burning on the right-of-way is permitted. Trees are to be cut to ground level;
   2. (B) Damage to Right-of-Way. The applicant will be held responsible for any damage to the right-of-way. Any destruction of turf will require the applicant to restore the rightof-way to a like or better condition, which may require seeding, mulching or sodding of the right-of-way which has been disturbed;
   3. (C) Liability Insurance. The applicant shall carry liability insurance with a limit of at least one (1) million dollars per occurrence;
   4. (D) Herbicides. Only herbicides approved by the district roadside enhancement manager may be used to trim or remove vegetation. Only general use nonrestricted herbicides may be used. All herbicides must be used in strict accord with the manufacturer’s instructions on the label. Restricted use herbicides may not be used on right-of-way. The applicator must be a certified commercial applicator or under the supervision of a certified commercial applicator. The district roadside enhancement manager or their authorized representative will approve the area to be sprayed before a permit is issued. The applicant must avoid desirable vegetation. Holder of the permit is liable for all damages or damage claims resulting from the herbicide application. The applicant must comply with the Missouri Pesticide Use Act, sections 281.005 through 281.115, RSMo. In U.S. Forest Service areas, permit applicants must obtain written permission for use of herbicides from the district roadside enhancement manager. The fee for controlling the growth of a tree, with herbicides, is determined in the same manner as tree removal under subsection (1)(B). All trees controlled with herbicides, requiring a fee, shall be cut down and removed within sixty (60) days of treatment;
   5. (E) Indemnity. Applicants shall agree to indemnify and hold harmless the commission against any damage or harm to persons, including commission employees, or property which may occur as a result of or in the course of its cutting or trimming of vegetation and use of herbicides;

   6. (F) Trimming of Trees. Trees of any size may be trimmed in accordance with the following guidelines:

      1. 1. Trimming is permitted any time of

year;

1. 2. A tree may not have more than

one-third (1/3) of its canopy removed in a single pruning operation. For pruning operations, the “National Arborist Association Standards” shall be used as a guideline to insure trees are being pruned properly and all pruning must be done in accordance with “National Arborist Association Standards.” Pruning cuts should be made so that the tree may close the resulting wound as easily as possible. Generally, remove parts of a twig or branch at their origin. Remove tips of branches back to a good bud or to the next larger branch. The final pruning cut should be made along the natural branch collar and not flush with the trunk. Any additional pruning of this magnitude cannot be repeated for three (3) full years (thirty-six (36) months) on hardwood species. A “Tree Pruning Chart” developed by MoDOT is used to determine the maximum amount of canopy that can be removed in a single pruning operation. A copy of the chart may be obtained by contacting the area permit specialist; and

1. 3. In situations where pruning is to be

done on a stand of trees and it is not practical to distinguish individual trees from the stand, the stand of trees should be judged by Transportation Commission

the canopy height of the stand. The amount of tree height to be removed should be determined from the “Tree Pruning Chart” according to the canopy height of the stand of trees. Proper tree pruning practices are to be observed in reducing the height of the stand of trees, just as it would be for an individual tree. Brush over six feet (6') that is approved for removal should be cut first and the stump(s) treated with herbicides. Illustrations are available to assist in proper pruning. A copy may be obtained by contacting the area permit specialist; and

1. (G) Destruction of Vegetation. A vegetation permit will be revoked if an applicant destroys desired vegetation due to excessive trimming or inappropriate use of herbicides on vegetation. If the permit is revoked due to excessive trimming or inappropriate use of herbicides, the department will retain and collect against any bonds filed.

1. (4) Appeal for Denial of Permit to Cut or Trim. If denied a permit to cut or trim vegation, the applicant has twenty (20) working days to submit a written appeal to the Rightof-Way Director, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102.

AUTHORITY: sections 226.150, RSMo 2000 and 226.500–226.600, RSMo 2000 and Supp. 2002.* Original rule filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. *Original authority: 226.150, RSMo 1939, amended 1977; and 226.500–226.600, see Missouri Revised Statutes 2000 and Supp. 2002.