AB216-ASA1,4,53 84.305 (1) (cm) "Natural snow fence" means vegetation in a highway
4right-of-way that functions as a berm or barrier to inhibit the accumulation of snow
5on the highway during the winter season.

AB216-ASA1,4,108 84.305 (1) (e) "Sign" has the meaning given in s. 84.30 (2) (j), but also includes
9any sign that is attached to a building or similar structure and that is within 100 feet
10of a highway right-of-way.

AB216-ASA1,4,1513 84.305 (1) (h) "Vegetation" means any tree, shrub, hedge, or other woody plant,
14and includes planted vegetation, natural vegetation, and specimen trees.
15"Vegetation" does not include or grass.

AB216-ASA1,5,8

---

184.305 (2) Notwithstanding ss. 66.1037 and 86.03, and subject to sub. (2m),
2upon application, the department may shall issue permits to sign owners for the
3trimming, or removal, or relocation of vegetation that is located in the right-of-way
4of a highway under the jurisdiction of the department for maintenance purposes and
5that obstructs a sign if any of the following applies: 3. Subject to par. (b), within a
6distance of 500 continuous feet along any portion of the viewing zone, any portion of
7the face of the sign is not viewable because of an obstruction to sight by natural
8vegetation in the highway right-of-way.

AB216-ASA1,5,1714 84.305 (2m) (b) The department may impose on a permit under this section any
15condition or restriction determined to be necessary or suitable by the department if
16the permit application seeks authorization for the trimming or removal of vegetation
17at or with respect to any of the following:

AB216-ASA1,5,1918 1. An archaeological site or site of a federally recognized American Indian tribe
19or band.

AB216-ASA1,5,2120 2. A location that is part of a known habitat of endangered species or threatened
21species under s. 29.604.

AB216-ASA1,5,2222 3. Vegetation that serves as a junkyard screen, as described in s. 84.31.

AB216-ASA1,5,2523 (c) The department may deny an application under this section for a permit for
24a sign for which the department has issued a removal order and the removal order
25was received by the sign owner prior to the department's receipt of the application.

AB216-ASA1,6,82 84.305 (3) (a) Subject to pars. (d) to (g) (h) and sub. subs. (2m) (b), (4), and (6),
3a permit issued under this section authorizes the permittee to trim obstructing
4vegetation or remove or relocate obstructing individual plants vegetation to the
5extent necessary to eliminate the obstruction and remedy any condition specified
6under sub. (2) (a) 1. to 4 provide an unobstructed view of a sign for 500 continuous
7feet within the viewing zone. A permit issued under this section shall specify the
8vegetation or the portion of the highway right-of-way to which the permit applies.

AB216-ASA1,6,2310 84.305 (3) (b) An application for a permit under this section shall specifically
11describe the work proposed by the applicant. The department shall grant or deny an
12application for a permit under this section, and notify the applicant of the
13department's decision, within 60 days of receipt of the application. Within 30 days
14of receipt of the application, the department shall determine whether the application
15is complete and, if not, the department shall return the application to the applicant
16and inform the applicant of what information, specifically described, must be
17provided by the applicant to complete the application. The department may not deny
18an application for a permit under this section based solely upon receipt by the
19department of an objection or complaint from a property owner or municipality
20receiving notice under par. (c), but the department may consider the objection or
21complaint in determining whether to grant or deny the application for a permit. If
22the department denies an application for a permit under this section, the department
23shall notify the applicant of reasons for the denial.

AB216-ASA1,7,4

---

184.305 (3) (d) A permit issued under this section may not authorize trimming,
2or removal, or relocation of vegetation located within a municipality and within 10
3feet of the nearest edge of the highway pavement without prior approval for the
4trimming, or removal, or relocation from the municipality.

AB216-ASA1,7,167 84.305 (2m) (a) A permit issued under this section may not authorize the
8permittee to trim, remove, or relocate vegetation in existence prior to the erection of
9the sign obstructed by the vegetation. Nothing in this paragraph prohibits the The
10department from issuing may not issue a permit under this section authorizing the
11trimming, or removal, or relocation of vegetation that, at the time the sign was
12erected, did not obstruct obstructing the view of the a sign if the department first
13collected a permit fee under s. 84.30 (10m) for that sign within the immediately
14preceding 5 years. This paragraph does not apply with respect to a sign that is
15attached to a building or similar structure and that is within 100 feet of a highway
16right-of-way.

AB216-ASA1,8,219 84.305 (3) (g) A permit issued under this section may not authorize the
20permittee to clear-cut any highway right-of-way. The permit authorizes the
21permittee to trim, or remove, or relocate only the vegetation specified in the permit,
22or only vegetation within the area of the right-of-way specified in the permit, in
23accordance with the terms of the permit. All trimming of vegetation authorized
24under a permit shall be performed in compliance with applicable standards of the
25American National Standards Institute, but if the trimming cannot be accomplished

---

1in compliance with these standards, the vegetation may be removed and replaced as
2provided in sub. (5).

AB216-ASA1,8,64 84.305 (3) (h) All trimming and removal of vegetation under a permit issued
5under sub. (2), and all planting of vegetation under sub. (5), shall be conducted within
6the hours of the day and days of the week specified by the department in the permit.

AB216-ASA1,8,188 84.305 (5) (a) Each Subject to par. (ar), each permit issued under this section
9shall require a permittee that removes planted vegetation to either relocate the
10planted vegetation or reimburse the department for the value of the planted
11vegetation. The department shall present to the permittee the department's
12calculation of the value of the planted vegetation, and the permittee may elect to
13relocate the planted vegetation or to reimburse the department for the value of the
14planted vegetation as determined by the department any tree with a diameter of 4
15inches or more as measured at 3 feet from the ground, or any other vegetation with
16a diameter of 4 inches or more, to plant comparable replacement vegetation to
17compensate for all such vegetation removed, in compliance with the requirements
18under pars. (d) and (e).

AB216-ASA1,8,2320 84.305 (5) (ag) Each permit issued under this section shall require a permittee
21that removes vegetation to also remove the vegetation's stump, to grade level, and
22to dispose of all vegetation removed, including the stump, at a location away from the
23highway right-of-way.

AB216-ASA1,9,324 (ar) The department may require that, if vegetation that serves as a natural
25snow fence cannot be trimmed in compliance with the standards specified in sub. (3)

---

1(g) and is removed, this vegetation shall be replaced with an equally effective,
2substitute means of controlling blowing and drifting snow, which means may be
3synthetic or artificial.

AB216-ASA1,9,147 84.305 (5) (d) 1. In planting replacement vegetation under par. (a), the
8permittee shall determine the diameters of all trees with a diameter of 4 inches or
9more, as measured at 3 feet from the ground, and of all other vegetation with a
10diameter of 4 inches or more, that was removed and shall calculate the sum total of
11these diameters for each category of vegetation, such as for trees, for shrubs, and for
12hedges. In calculating the sum total of these diameters, the permittee shall not
13include in the calculation the diameter of any vegetation that was dead, diseased, or
14determined to be an invasive species at the time of its removal.

AB216-ASA1,9,1815 2. The permittee shall plant sufficient replacement vegetation with a diameter
16of at least 2 inches so that the sum total of the diameters of the replacement
17vegetation, for each category of vegetation, at least equals the sum total of the
18diameters as calculated under subd. 1. for that category.

AB216-ASA1,9,2120 84.305 (5) (e) 1. Subject to subd. 2., the department shall determine where
21replacement vegetation required under this subsection is to be planted.

AB216-ASA1,9,2522 2. Replacement vegetation required under this subsection shall be planted in
23the highway right-of-way not farther than 10 miles from the location of the removed
24vegetation being replaced. Replacement vegetation may not be planted in front of
25a sign.

AB216-ASA1,10,43 84.305 (6) (a) The department shall have authority to supervise and determine
4how the work authorized under a permit issued under this section is carried out.

AB216-ASA1,10,8 5(b) The department may require as a impose any condition or restriction under
6any on a permit issued under this section that the work authorized under the permit
7meet standards established by the department customarily imposes in connection
8with work performed on highway rights-of-way.

AB216-ASA1,10,1710 84.305 (7) Nothing in this section prohibits a sign owner and the department
11from voluntarily negotiating for, and the department from authorizing without the
12issuance of a permit under this section, the trimming, or removal, or relocation of any
13vegetation in a highway right-of-way in order to provide an unobstructed view of a
14sign, except in situations where sub. (3) (d) would apply if a permit were issued under
15this section. Nothing in this section restricts the department's authority with respect
16to departmental maintenance operations in the rights-of-way of highways under
17the department's jurisdiction.