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Thread: Landscaping in state rights-of-way [Was; horse left barn prior to door closing]

  1. #1
    Cyburbian fringe's avatar
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    Comer, GA
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    Landscaping in state rights-of-way [Was; horse left barn prior to door closing]

    Local builder was issued permit to develop "strip mall" type commercial property.

    Plan included adherence to zoning regs that include planted buffer strips.

    As building inspector, I asked land planner to inspect and sign off on sitework, including storm drains and sewer connection.

    After site finished, with curb, striping and planting installed, land planner's letter of final comes in, but is narrowly focussed on storm drains and grading.

    My site visit finds most buffers eliminated, parking rearranged, and considerable planting installed on state highway right of way off property.

    I have held up CO on building until builder submits amended site plan under land planner's stamp that reflects changes.

    Builder submitted an "as built" by a surveyor that clearly shows violations.

    I suppose builder will have to request a variance to avoid going in reverse.

    Re planting on highway ROW, are there opinions on that?

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    ~Gedunker~ Please use descriptive thread titles in all professional forums. Thread titled edited. Thanks and carry on.
    Last edited by Gedunker; 17 Aug 2008 at 11:47 AM.

  2. #2
    Cyburbian Plus
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    Quote Originally posted by fringe View post
    I suppose builder will have to request a variance to avoid going in reverse.

    Re planting on highway ROW, are there opinions on that?
    Drivers utilize highway ROW (sometimes heavily) in states/cities with laws against or restricting hand-held cell phone use and/or texting while driving. Such restrictive laws are on a band wagon-like increase; it's a popular safety issue and it also brings in good revenue. (New York is almost certain to soon restrict texting while driving.)

    While Georgia has few laws on the books now, you see that 'crash data' is 'being collected'. Each new law increases the importance of highway ROW. The builder may try to beat the clock by seeking a variance even more quickly and aggressively than usual.
    Last edited by Shellac And Vinyl VelocitY; 17 Aug 2008 at 3:58 PM.

  3. #3
    Cyburbian fringe's avatar
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    landscaping in ROW

    State DOT page of plan set says planting in ROW by permission of landscape plan only.

    ROW is off property. Here is my concern. If plants are put off property, and property sells, new owner will have no obligation to maintain planting, except need to keep entry spiffy. Some trees are directly under overhead power lines. Time will arrrive in near future for their truncation. (Should look great on a red maple)

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