54-21-120. Unauthorized removal, cutting or trimming of vegetation.
(a) If, before obtaining an outdoor advertising permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed, and application is subsequently made for an outdoor advertising permit within five hundred (500) yards of the affected location, then the commissioner may deny the permits. There shall be a rebuttable presumption that the applicant was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(b) If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed in the vicinity of outdoor advertising, which action was reasonably calculated to afford greater visibility of the outdoor advertising, then the commissioner may revoke the outdoor advertising permit or permits for the affected outdoor advertising; however, if the vegetation prevented clear visibility of the outdoor advertising to occupants of vehicles using the main traveled ways within five hundred (500) yards of the main traveled ways, and the holder of the lawfully issued outdoor advertising permit for the affected outdoor advertising whose face was generally visible to occupants of vehicles from the main traveled ways on the date of erection agrees to restitution for the removal, cutting or trimming of vegetation, then the commissioner may authorize the permittee to obtain a vegetation control permit subject to all requirements contained in the permit, or may revoke the outdoor advertising permit. There shall be a rebuttable presumption that the holder of the outdoor advertising permit for the affected outdoor advertising was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(c) Prior to invoking the provisions of this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised shall be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality.
54-21-120. Unauthorized removal, cutting or trimming of vegetation.
(a) If, before obtaining an outdoor advertising permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed, and application is subsequently made for an outdoor advertising permit within five hundred (500) yards of the affected location, then the commissioner may deny the permits. There shall be a rebuttable presumption that the applicant was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(b) If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed in the vicinity of outdoor advertising, which action was reasonably calculated to afford greater visibility of the outdoor advertising, then the commissioner may revoke the outdoor advertising permit or permits for the affected outdoor advertising; however, if the vegetation prevented clear visibility of the outdoor advertising to occupants of vehicles using the main traveled ways within five hundred (500) yards of the main traveled ways, and the holder of the lawfully issued outdoor advertising permit for the affected outdoor advertising whose face was generally visible to occupants of vehicles from the main traveled ways on the date of erection agrees to restitution for the removal, cutting or trimming of vegetation, then the commissioner may authorize the permittee to obtain a vegetation control permit subject to all requirements contained in the permit, or may revoke the outdoor advertising permit. There shall be a rebuttable presumption that the holder of the outdoor advertising permit for the affected outdoor advertising was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(c) Prior to invoking the provisions of this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised shall be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality.
54-21-120. Unauthorized removal, cutting or trimming of vegetation.
(a) If, before obtaining an outdoor advertising permit and a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed, and application is subsequently made for an outdoor advertising permit within five hundred (500) yards of the affected location, then the commissioner may deny the permits. There shall be a rebuttable presumption that the applicant was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(b) If, before applying for a vegetation control permit, vegetation located on the right-of-way is removed, cut or trimmed in the vicinity of outdoor advertising, which action was reasonably calculated to afford greater visibility of the outdoor advertising, then the commissioner may revoke the outdoor advertising permit or permits for the affected outdoor advertising; however, if the vegetation prevented clear visibility of the outdoor advertising to occupants of vehicles using the main traveled ways within five hundred (500) yards of the main traveled ways, and the holder of the lawfully issued outdoor advertising permit for the affected outdoor advertising whose face was generally visible to occupants of vehicles from the main traveled ways on the date of erection agrees to restitution for the removal, cutting or trimming of vegetation, then the commissioner may authorize the permittee to obtain a vegetation control permit subject to all requirements contained in the permit, or may revoke the outdoor advertising permit. There shall be a rebuttable presumption that the holder of the outdoor advertising permit for the affected outdoor advertising was responsible for the unauthorized removal, cutting or trimming of the vegetation.
(c) Prior to invoking the provisions of this section, the commissioner or the commissioner's designee shall advise the affected outdoor advertising permit applicant or holder, whichever is appropriate, that a preliminary determination of illegality has been made. The party so advised shall be given the opportunity to request a hearing to be conducted pursuant to contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, before the commissioner may make a final determination of illegality.
