Under current law, the Department of Transportation (DOT) is responsible for
maintenance of the highway right-of-way on highways that, for maintenance
purposes, are under its jurisdiction, which are generally state trunk highways

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(including interstate highways) but do not include connecting highways. DOT must
provide for the care and protection of trees and other roadside vegetation. DOT must
also cut, trim, or remove, or allow others to cut, trim, or remove, trees and other
vegetation in order to provide safety to highway users. Current law generally
prohibits a person from cutting, trimming, removing, or planting a tree or other
vegetation within the right-of-way of a state trunk highway without DOT's consent.

The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary highways, which includes state trunk
highways and connecting highways, and current state law incorporates these
requirements. Current law prohibits, with certain exceptions, the erection or
maintenance of outdoor advertising signs (signs) within 660 feet of, or beyond 660
feet but visible (and erected for the purpose of being visible) from, the main-traveled
way of an interstate or federal-aid primary highway. Exceptions to this prohibition
include, with some restrictions, signs advertising activities conducted on the
property on which the signs are located; signs located beyond 660 feet of the highway
in urban areas; and signs located within 660 feet of the highway in certain business,
industrial, or commercial areas.

Under current law, DOT administers a permit system for the maintenance and
removal by sign owners of vegetation obstructing the view of signs along state trunk
highways, including interstate highways. DOT may issue permits to sign owners for
the trimming, removal, or relocation of vegetation in the highway right-of-way if,
within various specified distances along the highway, the vegetation obstructs
motorists' view of the face of a sign. A permit authorizes the sign owner, or a
third-party contractor employed by the sign owner, to trim, remove, or relocate
obstructing vegetation to the extent necessary to eliminate the obstruction and
restore an unobstructed view of the sign for the applicable specified distance along
the highway. A permit must specify the vegetation or the portion of the highway
right-of-way to which the permit applies. Each permit must require a sign owner
that removes planted vegetation to either relocate the planted vegetation or
reimburse DOT for the value of the planted vegetation. DOT must present to the sign
owner DOT's calculation of the value of the planted vegetation, and the sign owner
may elect to relocate the planted vegetation or to reimburse DOT in the amount
calculated by DOT.

This substitute amendment makes various changes to DOT's permit system for
maintenance and removal of vegetation obstructing signs, including the following:

1. The substitute amendment replaces various sign viewing standards with a
single standard: that a sign owner is eligible for a permit to trim or remove
vegetation if, for a distance of 500 continuous feet within the 1,000 feet distance
motorists travel immediately before reaching the sign, the vegetation obstructs the
view of any portion of the face of the sign. The substitute amendment also eliminates
an exception that allowed DOT to issue a permit for a noncontinuous 500 feet viewing
distance.

2. The substitute amendment specifies that, with limited exceptions, DOT
must issue permits to eligible applicants. Also under the substitute amendment,
DOT permits authorize the trimming or removal, but not the relocation, of

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obstructing vegetation. The substitute amendment also requires all trimming to be
performed in compliance with applicable standards of the American National
Standards Institute.

3. The substitute amendment eliminates the requirement that a permittee that
removes planted vegetation must either relocate the planted vegetation or reimburse
DOT for the value of the planted vegetation. The substitute amendment replaces
this requirement with the requirement that a permittee that removes vegetation
with a diameter of four inches or more must plant replacement vegetation to
compensate for the vegetation removed. DOT must determine where the
replacement vegetation is to be planted, but it must be planted in the highway
right-of-way within ten miles of the location where the vegetation was removed.
The substitute amendment specifies that a permittee that removes vegetation must
also remove the vegetation's stump and must dispose of all vegetation removed.

4. Under the substitute amendment, DOT's permit system for the maintenance
and removal of vegetation obstructing the view of a sign also applies to any sign that
is attached to a building or similar structure and that is within 100 feet of the
highway right-of-way.

5. The substitute amendment eliminates a provision of current law that a
permit may not authorize the trimming, removal, or relocation of vegetation in
existence prior to the erection of the sign obstructed by the vegetation. The
substitute amendment replaces this provision with a provision that DOT may not
issue a permit to trim or remove vegetation obstructing the view of a sign that is less
than five years old (calculated from when DOT first collected the sign's permit fee),
except a sign attached to a building or similar structure within 100 feet of the
highway right-of-way.

6. The substitute amendment eliminates a provision of current law allowing
DOT to require as a condition or restriction under a permit that the work authorized
under the permit meet standards established by DOT. Instead, under the substitute
amendment, DOT may impose any condition or restriction on a permit that DOT
customarily imposes in connection with work performed on highway rights-of-way.
The substitute amendment retains current law that DOT has authority to supervise
and determine how the work authorized under a permit is carried out.

7. Under the substitute amendment, DOT may deny an application for a permit
for a sign for which DOT has issued a removal order and the removal order was
received by the sign owner prior to DOT's receipt of the application. DOT may also
impose conditions or restrictions on a permit under certain circumstances, including
that the application seeks authorization for the trimming or removal of vegetation
at an archaeological site. Under the substitute amendment, all trimming and
removal of vegetation, as well as all planting of replacement vegetation, must be
conducted within the hours of the day and days of the week specified by DOT in the
permit.

8. The substitute amendment eliminates a requirement under current law
that, under certain conditions, a sign owner applying for a permit must, at the time
of the application, provide written notice of the application to any adjacent property
owner and to the applicable municipality.

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9. The substitute amendment eliminates a provision of current law requiring
DOT, within 30 days of receiving an application for a permit, to determine whether
the application is complete and to return it to the applicant if incomplete.

10. The substitute amendment expands the definition of "vegetation," for
purposes of the substitute amendment, to include grass. The substitute amendment
also eliminates the distinction between various other types of vegetation, including
"natural vegetation," "planted vegetation," and "specimen trees."