08 LC 34
1764S
The
Senate Transportation Committee offered the following substitute to SB
256:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of
Georgia Annotated, relating to outdoor advertising signs on the interstate
system, primary highways, and other highways, so as to provide for certain
height limitations on such outdoor advertising signs and for certain conditions
for lowering of existing signs in excess of such height limitations on or after
July 1, 2008; to provide for certain changes in the sizes of trees permitted to
be trimmed or removed from the viewing zones of such signs and for certain
changes to the extent of such viewing zones; to provide for matters relative to
the foregoing; to provide for severability; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia
Annotated, relating to outdoor advertising signs on the interstate system,
primary highways, and other highways, is amended in Code Section 32-6-75,
relating to restrictions on outdoor advertising signs authorized by Code
Sections 32-6-72 and 32-6-73, by striking in such Code section the word "or" at
the end of paragraph (20) of subsection (a) thereof, by striking the period at
the end of paragraph (21) of such subsection and inserting in lieu thereof the
symbol and word "; or", and by inserting at the end of such subsection a new
paragraph to read as follows:
"(22)
After July 1, 2008, exceeds 75 feet in height as measured from the top of the
sign to the pavement level of the traveled way, but any sign erected after that
date shall be granted a permit for trimming or removal of vegetation within the
viewing zone thereof pursuant to the provisions of Code Section 32-6-75.4 at the
time that a permit for such sign is granted as authorized by Code Section
32-6-74 and Code Section 32-6-79. Provided, however, that signs exceeding such
height lawfully in existence on such date may be maintained if otherwise in
compliance with the provisions of this part, but the provisions of Code Section
32-6-75.4 shall not apply to such signs unless lowered so as not to exceed such
height. The department shall expedite and coordinate the processing of
applications for permits under Code Section 32-6-75.4 with the processing of
applications for permits under Code Section 32-6-74 and Code Section 32-6-79
such that applications under such latter Code sections shall not be delayed.
The General Assembly finds and declares that reducing the height of outdoor
advertising signs serves the public purpose and function of roadside
beautification and enhancement and confers a substantial benefit upon the state
and the public. The General Assembly further finds and declares that this
legislation provides further balance between highway beautification and the
public interests served by outdoor advertising signs. The General Assembly also
encourages the department to support Georgia Scenic Byways in this state,
pursuant to department regulation. However, the procuring of rights and
interests providing for reduction in the height of such signs imposes a
substantial immediate and long-term cost upon the owners of such signs.
Accordingly, no sign which exceeds 75 feet in height on July 1, 2008, shall be
required to be reduced to or below such height unless the owner and the
department enter into an agreement providing for the granting or renewal of a
permit for trimming or removal of vegetation within the viewing zone of such
sign pursuant to the provisions of Code Section 32-6-75.4. Such agreement shall
provide that such permits or renewals shall be issued without the fee provided
for by paragraph (1) of subsection (e) of said Code section, as just and
adequate compensation to the owner, but all other provisions of Code Section
32-6-75.4 as amended shall be applicable to such permits and renewals. The
procedures and requirements for issuance of such permits established by this
paragraph shall be an alternative to the procedures provided for by Code Section
32-6-75.4, and the option to proceed under this paragraph or such Code section
shall be at the election of the owner. Reduction in height pursuant to the
provisions of this paragraph shall be permitted irrespective of otherwise
applicable ordinances or regulations."
SECTION
2.
Said
part is further revised by enacting a new Code section to read as
follows:
"32-6-75.4.
(a)(1)
For purposes of this Code section, the term:
(A)
'Removal' or 'removed' means the elimination of trees or other vegetation from a
viewing zone.
(B)
'Trimming' or 'trimmed' means the pruning of excess limbs or branches from trees
or other vegetation which are not removed from a viewing zone.
(C)
'Viewing zone' means a continuous 500 foot horizontal distance parallel to a
state right of way and adjacent to or otherwise within the line of sight of an
outdoor advertising sign.
(2)
The provisions of this Code section shall apply to all new outdoor advertising
signs and all signs that have been lowered to 75 feet or less as measured from
the top of the sign to the pavement level of the traveled way on or after July
1, 2008. The General Assembly finds and declares that outdoor advertising
provides a substantial service and benefit to Georgia and Georgia´s
citizens as well as the traveling public. Therefore, the General Assembly
declares it to be in the public interest that provisions be made for the
visibility of outdoor advertising signs legally erected and maintained along the
highways in this state to provide information regarding places offering lodging,
food, motor vehicle fuels and lubricants, motor service and repairs, or any
other services or products available to the general public. Recognizing,
however, that the beautification of this state and the health of its environment
are absolutely essential and equally as important to the traveling public, the
General Assembly finds and declares that these needs must be
balanced.
(b)
So as to promote these objectives and in accordance with the provisions of this
Code section, the commissioner shall provide by a minimum of rule or regulation
for the issuance and annual renewal of permits for the trimming and removal of
trees and other vegetation on the state rights of way within viewing zones with
respect to outdoor advertising signs legally erected and legally maintained
adjacent to said rights of way. Such rules and regulations shall be
substantially limited to standards for survival of vegetation trimmed or planted
conforming to American National Standards Institute standards for tree care
operations. Such permits whenever issued shall allow or be deemed to allow
trimming or removal of vegetation in conformance with this Code section as
amended from time to time, except as otherwise provided by this
part.
(c)
Application for a tree or vegetation trimming or removal permit and the annual
renewal thereof shall be made upon the forms prescribed and provided by the
department and shall contain the signature of the applicant and such other
information as may be required by the department´s rules and
regulations.
(d)
An application fee shall accompany the application for each vegetation
maintenance permit and both the application and fee shall be submitted to the
department. There shall be an annual renewal of the permit for activities in
the original scope of the permit. The department shall promulgate rules and
regulations setting forth the application fees and renewal fees. Such
application and renewal fees shall be established by the department in
reasonable amounts in order to fully recover the costs of administering the
vegetation maintenance program.
(e)(1)
The department shall evaluate each application for a permit under this Code
section and require as a condition of granting any permit under this Code
section that the value of the landscaping to be either provided or paid for by
the applicant is not less than the department´s appraised value of the
benefit to be conferred by the state upon the applicant by allowing the trimming
or removing of trees or other vegetation as requested, which shall be the
average value determined by averaging two appraisals of fair market value
performed by two independent registered foresters, chosen by the permittee, with
the costs to be paid by the permittee, with fair market value determined in
accordance with the published timber prices contained in Timber Mart-South, a
publication maintained by the Center for Forest Business, the Warnell School of
Forest Resources, and the University of Georgia; provided, however, that a
permit may be granted to an otherwise qualified applicant in a case where the
value of the landscaping to be either provided or paid for by the applicant is
less than the department´s appraised value of the trees or other vegetation
to be trimmed or removed if, in addition, the applicant pays to the department
an amount equal to the amount of the difference between the value of the
landscaping to be either provided or paid for by the applicant including
one-half of the applicant´s appraisal costs and the department´s
appraised value of the trees or other vegetation to be trimmed or removed. Such
funds paid shall be deposited in the Roadside Enhancement and Beautification
Fund and one-half of such funds shall be expended within four months of the end
of the fiscal year in which the funds are received.
(2)(A)
No trees or vegetation shall be trimmed or removed under this Code section other
than within a viewing zone.
(B)
No removal of any historic or endangered species tree or any tree planted as
part of any local, state, or federal government project shall be permitted under
this Code section; provided, however, that after July 1, 2008, no local or state
project shall plant any tree within a viewing zone, and the department is
prohibited from expending state or federal funds to plant any tree within a
viewing zone other than erosion preventive ground covering, grasses, or
wildflowers, provided, that in no event shall invasive plants be planted,
including, but not limited to, kudzu and bamboo.
(C)
All trees may be removed from within a viewing zone using best efforts to create
a conical view zone so that the cleared area does not exceed the width of the
outdoor sign plus ten feet on either side at the edge of the sign face and does
not exceed 500 feet horizontal distance parallel to the pavement of the traveled
way.
(3)
An applicant´s record of conduct regarding disturbance of trees or other
vegetation on state rights of way shall be considered by the department as part
of the evaluation process for any permit or permit renewal
application.
(4)
A performance bond in an amount adequate for the requirements of the permit as
determined by the department shall be required of each permittee.
(f)(1)
No trees or other vegetation on state rights of way shall be trimmed, killed, or
removed by any person other than in accordance with a permit issued under this
Code section by any person other than the department or an authorized agent or
contractor thereof.
(2)
No outdoor advertising sign to which a permit under this Code section is
applicable shall be unused for advertising for a period of six consecutive
months or more.
(3)
On and after July 1, 2008, no outdoor advertising sign to which a permit under
this Code section is applicable shall be maintained in such a condition of
disrepair as to be unusable for advertising.
(4)(A)
In cases where the department has reasonable cause to believe that a violation
of this subsection has been committed by any person, the procedures provided
under Code Section 32-6-95 shall apply the same as in cases wherein the
department believes that a sign is being maintained in violation of this
part.
(B)
Following notice, hearing, and a finding that a person has committed a violation
of paragraph (1) of this subsection, a civil fine of not less than $10,000.00
nor more than $20,000.00, and restitution in an amount equal to the appraised
value of the trees or vegetation, or both, which were unlawfully trimmed or
removed, shall be imposed on such person.
(C)
Following notice, hearing, and a finding that a permittee under this Code
section has committed a violation of paragraph (2) of this subsection, an order
directing the removal of such unused sign, at the expense of the permittee,
shall be issued.
(D)
Following notice, hearing, and a finding that a permittee under this Code
section has committed a violation of paragraph (3) of this subsection, an order
directing the removal of such unusable sign shall be issued.
(E)
The department or its authorized agents shall be authorized to enter upon
private lands and disassemble and remove signs without civil or criminal
liability therefor pursuant to an order issued in accordance with this paragraph
and as provided by Code Section 32-6-96 for disassembly and removal of illegal
outdoor advertising signs.
(F)
The five-year vegetation management waiting period contained in paragraph (2) of
subsection (b) of Code Section 32-6-75.3 shall not apply to permits issued under
this Code section."
SECTION
3.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such declaration or
adjudication shall affect and invalidate the whole of the section in which such
matter appears herein, but shall in no manner affect the other sections,
subsections, sentences, clauses, or phrases of this Act, which shall remain of
full force and effect as if the section, subsection, sentence, clause, or phrase
so declared or adjudged invalid or unconstitutional were not originally a part
hereof. The General Assembly declares that it would have passed the remaining
parts of this Act if it had known that such part or parts hereof would be
declared or adjudged invalid or unconstitutional, but would not have passed any
section of this Act containing or constituting an invalid or unconstitutional
provision.
SECTION
4.
This
Act shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.