| (a) A person may not:
(1) trim or destroy a tree or other vegetation on the
right of way for any purpose related to this subchapter; or
(2) erect or maintain a sign from the right of way.
(b) The department will deny a permit application or
cancel an existing permit under §21.174 of this subchapter (relating
to Cancellation of Permit) if the permit holder, or someone acting
on behalf of the permit holder, violates this section.
(c) Subsection (a)(2) of this section does not apply
to the maintenance of a sign if:
(1) the state right of way is the only available access
for a sign on railroad right of way to which §21.168(b) of this
subchapter (relating to Continuance of Nonconforming Commercial Signs)
applies; and
(2) the sign owner notifies the department and obtains
approval of the department before accessing the sign for maintenance.
(d) It is not a violation to trim the portion of the
tree or vegetation that encroaches onto private property at the private
property line as long as the trimming occurs from the private property.
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