section .0600 - SELECTIVE VEGETATION REMOVAL POLICY

 

19A NCAC 02E .0601      SELeCTIVE VEGETATION REMOVAL PERMIT REQUIRED TO REMOVE VEGETATION FROM STATE HIGHWAY RIGHT OF WAY

(a)  Selective cutting, thinning, pruning, or removal of vegetation within highway rights of way may be permitted only for opening views to business facilities and legally erected forms of outdoor advertising as described in G.S. 136-93(b), that are located adjacent to State highway rights of way.  For purposes of selective vegetation removal permitting "business facilities," hereinafter referred to as facilities, are defined as office, institutional, commercial, and industrial buildings. In accordance with G.S. 136-93.3, "agritourism activities" as defined in G.S. 99E-30 are considered facilities under this Section.  The following requirements apply to facilities under this Section:

(1)           all facilities, except for agritourism activities shall include at least one permanent structural building;

(2)           the building shall have all required local and State permits, be related to the facility's function, and be open and operational on a year-round basis; and

(3)           any cutting, thinning, pruning, or removal of vegetation allowed pursuant to G.S. 136-93(b), shall be performed by the permittee or his agent at no cost to the Department of Transportation and shall comply with this Section.

(b)  For purposes of this Section, agritourism activities include any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. The following requirements apply to agritourism activities under this Section:

(1)           the agritourism activities shall be open for business at least four days per week, with a minimum of 32 hours per week, and at least 10 months of the year; and

(2)           the applicant shall certify that the activities for a selective vegetation removal permit qualify as an agritourism activity. The Department may require additional documentation from the applicant if the requested site's compliance as eligible agritourism activities remains in question.

 

History Note:        Authority G.S.  136-18(5); 136-18(7); 136-18(9); 136-93(b); 136-93.3; 

Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982;

Eff. June 1, 1982;

Amended Eff. January 1, 2015; November 1, 2012; June 2, 1982.