Utah Code 72-7-514. Landscape control program
Current as of: 2024 | Check for updates
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(1) As used in this section, “landscape control” means trimming or removal of seedlings, saplings, trees and vegetation along the interstate, federal aid primary highway existing as of June 1, 1991, and national highway system right-of-way to provide clear visibility of outdoor advertising.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C misdemeanor | up to 90 days | up to $750 |
Terms Used In Utah Code 72-7-514
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Federal aid primary highway: means that portion of connected main highways located within this state officially designated by the department and approved by the United States Secretary of Transportation under
Title 23 , Highways, U. See Utah Code 72-1-102 - Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Outdoor advertising: means any outdoor advertising structure or outdoor structure used in combination with an outdoor advertising sign or outdoor sign within the outdoor advertising corridor which is visible from a place on the main-traveled way of a controlled route. See Utah Code 72-7-502
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
(2)(2)(a) The department shall establish a landscape control program as provided under this section.(2)(b) Except as provided in this section, a person, including an outdoor advertising sign owner or business owner may not perform or cause landscape control to be performed.(3)(3)(a) An outdoor advertising sign owner or business owner may submit a request for landscape control to the department.(3)(b) Within 60 days of the request under Subsection(3)(a) , the department shall:(3)(b)(i) conduct a field review of the request with a representative of the sign or business owner, the department, and the Federal Highway Administration to consider the following issues listed in their order of priority:(3)(b)(i)(A) safety;(3)(b)(i)(B) protection of highway features, including right-of-way and landscaping;(3)(b)(i)(C) aesthetics; and(3)(b)(i)(D) motorists’ view of the sign or business; and(3)(b)(ii) notify the sign or business owner what, if any, trimming, removal, restoration, banking, or other landscape control shall be allowed as decided by the department, after consultation with the Federal Highway Administration.(3)(c) If the sign or business owner elects to proceed, in accordance with the decision issued under this subsection, the department shall issue a permit that describes what landscape control may be allowed, assigns responsibility for costs, describes the safety measures to be observed, and attaches any explanatory plans or other information.(4) The department shall establish an appeals process within the department for landscape control decisions made under Subsection(3) .(5)(5)(a) A person who performs landscape control in violation of this section is guilty of a class C misdemeanor, and is liable to the owner for treble the amount of damages sustained to the landscape.(5)(b) Each permit issued under this section shall notify the permit holder of the penalties under Subsection(5)(a) .