Tennessee § 54-21-117 - Unauthorized removal, cutting, or trimming of vegetation.

§ 54-21-117. Unauthorized removal, cutting, or trimming of vegetation.

If, before obtaining an outdoor advertising device permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed, and application is subsequently made for an outdoor advertising permit, then the commissioner may deny the permit. If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut, or trimmed in the vicinity of an outdoor advertising device, which action was reasonably calculated to afford greater visibility of the outdoor advertising device, then the commissioner may revoke the outdoor advertising device permit or permits for the affected outdoor advertising devices. Prior to invoking this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising device permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised must be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality. 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§ 1; 2018, ch. 683, §§ 1-3; 2019, ch. 169, §§ 1-4) concerning the Billboard Regulation and Control Act of 1972, was repealed by Acts 2020, ch. 706, § 8 which enacted a new chapter 21, effective June 22, 2020.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.