27 CAR § 91-203. Scenic enhancement

(a)(1) The type and size of utility facilities, and the manner and extent to which they are permitted along or within highway right-of-way, can materially alter the scenic quality, appearance, and view of highway roadsides and adjacent areas. (2) For these reasons, additional controls are applicable in certain areas that have been acquired or set aside for their scenic quality. (3) Such areas may include: (A) Scenic highways; (B) Scenic byways; (C) Scenic strips; (D) Overlooks; (E) Rest areas; (F) Recreational areas; and (G) The right-of-way of sections of highways that pass through: (i) Forests; (ii) Parks; and (iii) Historic sites. (b)(1) Aerial installations will not be approved at such locations when there is a feasible and prudent alternative. (2) The Arkansas Department of Transportation may permit exceptions under the following conditions: (A) New underground installations may be permitted only if extensive removal or alteration of trees or terrain features visible to the highway users is not required; or (B) New aerial installations may be permitted only when: (i) Other locations are: (a) Not available; (b) Unusually difficult or costly; or (c) Less desirable from the standpoint of aesthetic quality; or (ii) Placement underground is not technically feasible or is unreasonably costly. (c) The proposed installation will be made at a location that will utilize an approved design and suitable materials that will be compatible with the aesthetic qualities of the area affected. (d)(1) To protect trees and shrubbery on the highway right-of-way, the extent and methods of vegetation removal and trimming for overhead or underground utility installations will require the approval of the District Engineer. (2) The District Engineer may require the utility owner to replace removed trees and shrubs with plants approved by the department.