Tennessee § 54-21-116 - Vegetation control permits and fees.

§ 54-21-116. Vegetation control permits and fees.

The commissioner shall issue to the owners or holders of lawfully issued outdoor advertising device permits, which definition includes those described as legal conforming, grandfathered, and nonconforming outdoor advertising devices in federal regulations, when the face of the outdoor advertising device is generally visible to occupants of vehicles from the main traveled ways of the system on the date of erection, permits to remove, block cut, or trim vegetation located on the right-of-way adjacent to the outdoor advertising device and replace the vegetation as directed, whenever the vegetation prevents clear visibility for a distance not to exceed five hundred yards (500 yds.) to occupants of vehicles using the main traveled ways of the controlled systems. Notwithstanding this chapter to the contrary, vegetation that, on the date of erection of the outdoor advertising device, blocks the view of the outdoor advertising device, in whole or in any part, for a distance not to exceed five hundred yards (500 yds.), to occupants of vehicles using the main traveled ways, is not eligible for removal under a vegetation control permit. The maximum area to be controlled shall not exceed five hundred feet (500'). The regional engineering director for the department shall issue a vegetation control permit where all criteria are met, following submission of information specified and a nonrefundable fee of one hundred dollars ($100) for each face involved. Vegetation control permits will be issued upon payment of a fee of one hundred fifty dollars ($150) per face for supervision of the work. All fees received by the commissioner under this section shall be deposited to the highway fund for the administration of this part. Each subsequent year a maintenance permit may be purchased for fifty dollars ($50.00) to provide annual maintenance at any one (1) location that is consistent with the original vegetation control permit. Vegetation permits issued pursuant to the Billboard Regulation and Control Act of 1972, compiled in this chapter as it existed prior to June 22, 2020, shall be reinstated under chapter 706 of the Public Acts of 2020. Alternatively, the owner of the device may apply for a new vegetation control permit, and the department shall issue the permit. No later than thirty (30) days from June 22, 2020, the commissioner shall develop and make available any forms necessary to apply for a permit and shall begin accepting and considering such applications. The commissioner shall use best efforts to process an application for a permit, in accordance with the rules of the department, within no greater than thirty (30) days after a completed application is received. If the application is incomplete or defective on its face, the commissioner shall notify an applicant in writing no later than fifteen (15) days of receipt of the filed application of its incomplete or defective status, and indicate the information or documentation that is needed to complete or correct the application. If a decision to approve or deny the application cannot be made within thirty (30) days after receipt of the completed or corrected application, the commissioner shall contact the applicant prior to the expiration of the thirty (30) days to provide an explanation of the reasons why additional time is needed to process the application. If the application is approved, the applicant shall notify the commissioner of the date on which the applicant wishes the permit to be issued. The applicant shall complete the authorized vegetation control within the time period specified in the permit, and in any event, the applicant shall complete the vegetation control within one (1) year after the date on which the application was approved or the application approval and permit is void. One (1) vegetation control permit fee must be waived for those owners who voluntarily remove a nonconforming outdoor advertising device. If the nonconforming outdoor advertising device to be removed is not at least one hundred fifty square feet (150 sq. ft.) in size, two (2) nonconforming outdoor advertising devices must be removed to authorize waiver. The latter applies only when the outdoor advertising device around which control is to occur is larger than three hundred square feet (300 sq. ft.). This waiver shall not be used as evidence in any future eminent domain proceeding relating to nonconforming outdoor advertising devices. Notwithstanding any other law to the contrary, it is the legislative intent that issuance of permits and carrying out of the work pursuant to the permits are lawful activities and shall not be construed as violating any provision of law. The commissioner may revoke, suspend, or modify any vegetation control permit for cause, including violation of any terms or conditions of the permit. Acts 2020, ch. 706, § 8. Compiler's Notes. Former Title 54, Chapter 21, 54-21-101 —54-21-123 (Acts 1972, ch. 655, §§ 1-8, 10-17; impl. am. Acts 1972, ch. 829, § 7; Acts 1973, ch. 69, § 1; Acts 1973, ch. 113, § 1; 1975, ch. 47, §§ 1, 2; 1976, ch. 431, § 1; Acts 1976, ch. 740, § 1; 1979, ch. 235, §§ 1, 2; T.C.A., §§ 54-2601-54 -2617; Acts 1980, ch. 470, §§ 1, 2; 1980, ch. 837, § 2; 1981, ch. 264, § 12; 1982, ch. 865, § 8; 1982, ch. 932, §§ 1, 2; 1983, ch. 133, §§ 1-6; 1984, ch. 850, §§ 1, 2; 1989, ch. 22, § 1; 1989, ch. 591, § 113; 1990, ch. 936, § 1; 1994, ch. 562, §§ 1, 2; 1999, ch. 63, § 1; 2001, ch. 357, § 1; 2006, ch. 678, § 1; 2007, ch. 76, §§ 1, 2; 2007, ch. 427, §§ 1-9; 2008, ch. 1155, §§ 1-4; 2009, ch. 451, §§ 1-3; 2012, ch. 516, § 1; 2012, ch. 547, § 1; 2013, ch. 308, § 3; 2013, ch. 401, § 1; 2014, ch. 823, §§ 1-3; 2016, ch. 852, § 1; 2017, ch. 398, § 1; 2018, ch. 683, §§ 1-3; 2019, ch. 169, §§ 1-4) concerning the Billboard Regulation and Control Act of 1972, was repealed by Acts 2020, ch. 706, § 8 which enacted a new chapter 21, effective June 22, 2020. Acts 2020, ch. 706, § 11 provided that notwithstanding any law to the contrary, if the department of transportation receives documentation from a federal agency that compliance with a provision of this act jeopardizes federal funding or grant money for the department, then the department shall promulgate emergency rules to address the area of noncompliance with the federal law referenced in the federal agency documentation. The department shall comply with each provision of this act that does not jeopardize the federal funding or grant money. The emergency rules promulgated pursuant to this section may conflict with and take precedence over statutory provisions to effectuate the purposes of this section. The commissioner of transportation shall deliver to the executive secretary of the Tennessee code commission a copy of the documentation from the federal agency. Effective Dates. Acts 2020, ch. 706, § 12. June 22, 2020.