Cutting and Trimming of Vegetation on Right-of-Way

PURPOSE: This rule provides for the cutting and trimming of vegetation under controlled conditions on highway right-of-way when this vegetation obscures a lawful sign under sections 226.130 and 226.585, RSMo. (1) Permits. To promote highway safety, a permit issued by the department’s authorized representative is required to cut or trim any vegetation in front of any lawful sign. A vegetation permit may be denied or limited if the plan is deemed to be detrimental to the stability of the state right-of-way as determined by the department’s authorized representative. (A) Performance Bond. A performance bond in an amount up to one thousand dollars ($1,000) is required to ensure restoration of highway right-of-way. (B) Duration. All permits expire after three hundred sixty-five (365) days. (2) Access. To promote highway safety, access to the cutting or trimming area shall be from private property or outer roadways and cannot be made from the through traffic roadway of any highway maintained by the department without written permission from the department. Parking of equipment or placement of materials on the traffic lanes or shoulders is strictly prohibited. (3) Conditions. To promote highway safety, the following conditions apply to trimming and cutting of vegetation on highway right-ofway: (A) Removal. All vegetation trimmed or cut will be removed from the right-of-way and no burning on the right-of-way is permitted. Trees are to be cut to ground level; (B) Damage to Right-of-Way. The applicant is responsible for any damage to the right-of-way. Any destruction of turf requires the applicant to restore the right-of-way to a like or better condition, which may require seeding, mulching, or sodding of the right-ofway which has been disturbed; (C) Herbicides. Only herbicides approved by the department’s authorized representative may be used to trim or remove vegetation. The applicant will comply with the Missouri Pesticide Use Act, sections 281.005 through 281.115, RSMo. (D) Destruction of Vegetation. A vegetation permit will be revoked if an applicant destroys desired vegetation due to excessive cutting, trimming, or inappropriate use of herbicides on vegetation. If revoked, the department will retain and collect against any bonds filed. (4) Informal Hearing on Denial of Permit to Cut or Trim. (A) Request for Informal Hearing. If denied a permit to cut or trim vegetation, the applicant will have twenty (20) working days to request an informal hearing for the purpose of appealing the denial by submitting its request for an informal hearing to the Outdoor Advertising Manager, Missouri Department of Transportation, PO Box 270, Jefferson City, MO 65102. (B) Procedure. If the applicant requests an informal hearing, the department’s authorized representative will advise the applicant of the time, date, and place. This is not a contested case under Chapter 536, RSMo. The rules of evidence will not apply at the hearing. AUTHORITY: sections 226.150, and 226.500– 226.600, RSMo 2016 and RSMo Supp. 2017.* Original rule filed June 15, 1993, effective Jan. 31, 1994. Amended: Filed Aug. 31, 1999, effective March 30, 2000. Amended: Filed April 15, 2003, effective Nov. 30, 2003. Amended: Filed Oct. 3, 2013, effective May 30, 2014. Amended: Filed Sept. 8, 2017, effective April 30, 2018. *Original authority: 226.150, RSMo 1939, amended 1977; and 226.500–226.600, see Missouri Revised Statutes 2016 and Supp. 2017.