SB490, s. 17 25Section 17. 84.305 (3) (d) of the statutes is amended to read:
SB490,7,4
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.
SB490, s. 18 5Section 18. 84.305 (3) (e) of the statutes is renumbered 84.305 (2m) (a) and
6amended to read:
SB490,7,177 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, that is within 100 feet of a highway
16right-of-way, and that advertises activities conducted on the property on which it
17is located
.
SB490, s. 19 18Section 19. 84.305 (3) (f) of the statutes is repealed.
SB490, s. 20 19Section 20. 84.305 (3) (g) of the statutes is amended to read:
SB490,8,320 84.305 (3) (g) A permit issued under this section may not authorize the
21permittee to clear-cut any highway right-of-way. The permit authorizes the
22permittee to trim, or remove, or relocate only the vegetation specified in the permit,
23or only vegetation within the area of the right-of-way specified in the permit, in
24accordance with the terms of the permit. All trimming of vegetation authorized
25under a permit shall be performed in compliance with applicable standards of the

1American National Standards Institute, but if the trimming cannot be accomplished
2in compliance with these standards, the vegetation may be removed and replaced as
3provided in sub. (5).
SB490, s. 21 4Section 21. 84.305 (3) (h) of the statutes is created to read:
SB490,8,75 84.305 (3) (h) All trimming and removal of vegetation under a permit issued
6under sub. (2), and all planting of vegetation under sub. (5), shall be conducted within
7the hours of the day and days of the week specified by the department in the permit.
SB490, s. 22 8Section 22. 84.305 (5) (a) of the statutes is amended to read:
SB490,8,199 84.305 (5) (a) Each Subject to par. (ar), each permit issued under this section
10shall require a permittee that removes planted vegetation to either relocate the
11planted vegetation or
reimburse the department for the value of the planted
12vegetation. The department shall present to the permittee the department's
13calculation of the value of the planted vegetation, and the permittee may elect to
14relocate the planted vegetation or to reimburse the department for the value of the
15planted vegetation as determined by the department
any tree with a diameter of 4
16inches or more as measured at 3 feet from the ground, or any other vegetation with
17a diameter of 4 inches or more, to plant comparable replacement vegetation to
18compensate for all such vegetation removed, in compliance with the requirements
19under pars. (d) and (e)
.
SB490, s. 23 20Section 23. 84.305 (5) (ag) and (ar) of the statutes are created to read:
SB490,8,2421 84.305 (5) (ag) Each permit issued under this section shall require a permittee
22that removes vegetation to also remove the vegetation's stump, to grade level, and
23to dispose of all vegetation removed, including the stump, at a location away from the
24highway right-of-way.
SB490,9,5
1(ar) The department may require that, if vegetation that serves as a natural
2snow fence cannot be trimmed in compliance with the standards specified in sub. (3)
3(g) and is removed, this vegetation shall be replaced with an equally effective,
4substitute means of controlling blowing and drifting snow, which means may be
5synthetic or artificial.
SB490, s. 24 6Section 24. 84.305 (5) (b) of the statutes is repealed.
SB490, s. 25 7Section 25. 84.305 (5) (c) of the statutes is repealed.
SB490, s. 26 8Section 26. 84.305 (5) (d) of the statutes is created to read:
SB490,9,169 84.305 (5) (d) 1. In planting replacement vegetation under par. (a), the
10permittee shall determine the diameters of all trees with a diameter of 4 inches or
11more, as measured at 3 feet from the ground, and of all other vegetation with a
12diameter of 4 inches or more, that was removed and shall calculate the sum total of
13these diameters for each category of vegetation, such as for trees, for shrubs, and for
14hedges. In calculating the sum total of these diameters, the permittee shall not
15include in the calculation the diameter of any vegetation that was dead, diseased, or
16determined to be an invasive species at the time of its removal.
SB490,9,2017 2. The permittee shall plant sufficient replacement vegetation with a diameter
18of at least 2 inches so that the sum total of the diameters of the replacement
19vegetation, for each category of vegetation, at least equals the sum total of the
20diameters as calculated under subd. 1. for that category.
SB490, s. 27 21Section 27. 84.305 (5) (e) of the statutes is created to read:
SB490,9,2322 84.305 (5) (e) 1. Subject to subd. 2., the department shall determine where
23replacement vegetation required under this subsection is to be planted.
SB490,9,2524 2. Replacement vegetation required under this subsection shall be planted in
25the highway right-of-way not farther than 10 miles from the location of the removed

1vegetation being replaced. Replacement vegetation may not be planted in front of
2a sign.
SB490, s. 28 3Section 28. 84.305 (6) of the statutes is renumbered 84.305 (6) (a) and
4amended to read:
SB490,10,65 84.305 (6) (a) The department shall have authority to supervise and determine
6how the work authorized under a permit issued under this section is carried out.
SB490,10,10 7(b) The department may require as a impose any condition or restriction under
8any
on a permit issued under this section that the work authorized under the permit
9meet standards established by
the department customarily imposes in connection
10with work performed on highway rights-of-way
.
SB490, s. 29 11Section 29. 84.305 (7) of the statutes is amended to read:
SB490,10,1912 84.305 (7) Nothing in this section prohibits a sign owner and the department
13from voluntarily negotiating for, and the department from authorizing without the
14issuance of a permit under this section, the trimming, or removal, or relocation of any
15vegetation in a highway right-of-way in order to provide an unobstructed view of a
16sign, except in situations where sub. (3) (d) would apply if a permit were issued under
17this section. Nothing in this section restricts the department's authority with respect
18to departmental maintenance operations in the rights-of-way of highways under
19the department's jurisdiction.
SB490, s. 30 20Section 30. Effective date.
SB490,10,2121 (1) This act takes effect on the 30th day after the day of publication.
SB490,10,2222 (End)
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