HB 203 (BR 885) - J. Bell
AN ACT relating to outdoor advertising devices.
Amend KRS 177.830 to define the terms "advertising device viewing zone," "view permit," and "trim or prune,"; amend KRS 177.863 to make technical corrections; create a new section of KRS 177.830 to 177.890 to allow the owner of a legally erected advertising device to apply to the Transportation Cabinet for a vegetation control permit; specify components of permit application, including the use of a cabinet certified contractor, proof of insurance, and right-of-way access plan; establish standards for approval of vegetation control permit; establish the procedures for applicants who were denied a permit or issued a restricted permit to submit an amended application for a vegetation control permit; allow applicant that was issued a restricted permit or denied a permit based on an amended application to petition for an administrative hearing under KRS Chapter 13B determine whether denial or restrictions were appropriate; create a new section of KRS 177.830 to 177.890 to allow a city, urban-county , or consolidated local government to endorse the application of an applicant for work on roads in their jurisdiction; create a new section of KRS 177.830 to 177.890 to require a billboard owner with a valid application in force to secure a view permit each time prior to trimming or pruning vegetation; set fee for each view permit at $250; require a performance bond sufficient to cover the amount of work prior to issuance of a view permit; make view permits valid until work is completed or for 180 days, whichever is shorter; require the Transportation Cabinet to monitor work done on a view permit; create a new section of KRS 177.830 to 177.890 to require trimming and pruning done under a view permit to be supervised by a certified arborist; prohibit cutting in a view permit area between April 15th and September 15th if the area is a potential habitat for the Indiana Bat; specify that all costs of work under a view permit, including costs for arborist services and replacement vegetation, be borne by the permit holder; amend KRS 177.860 to conform; create a new section of KRS 177.830 to 177.890 to establish a civil penalty of up to $5,000 for violations each violation of Sections 3 to 6 of this Act; waive the fine if corrected within 30 days; create a new section of KRS 177.830 to 177.890 to clarify that nothing in Sections 1 through 8 of the Act should be construed as to permit activity which is in conflict with the Federal Highway Beautification Act or any agreement entered into between the Federal Highway Administration and the Commonwealth.
Jan 14-introduced in House
Jan 15-to Transportation (H)