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2018 Georgia Code 32-6-75.1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-75.1 Case Law from Google Scholar Amendments to OCGA 32-6-75.1

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 3 CONTROL OF SIGNS AND SIGNALS

32-6-75.1. Roadside Enhancement and Beautification Council; membership; purpose; compensation.

    1. The Governor shall appoint a Roadside Enhancement and Beautification Council composed of 12 members. The council shall include the chairperson of the Senate Transportation Committee; the chairperson of the House Transportation Committee; a member from the Georgia Conservancy; a member from the Garden Clubs of Georgia, Inc.; a member of the faculty of the School of Environmental Design at the University of Georgia; a member from the Sierra Club; a member from the Georgia Wildlife Federation; four members of the Outdoor Advertising Association of Georgia, Inc.; and the deputy commissioner of the Georgia Department of Transportation or the designee thereof. The commissioner shall submit recommendations to the Governor for purposes of selecting members to the council.
      1. Terms of those members representing the Georgia Conservancy, the Garden Clubs of Georgia, and the School of Environmental Design and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2001, and quadrennially thereafter. Such members may be appointed to successive terms.
      2. Terms of those members representing the Sierra Club and the Georgia Wildlife Federation and of two of those members representing the Outdoor Advertising Association shall expire on January 1, 2003, and quadrennially thereafter. Such members may be appointed to successive terms.
    3. A landscape architect employed by the department and designated by the commissioner shall serve as an adviser to the council.
  2. The council shall aid the commissioner in formulating policies and discussing problems related to the administration of this article. In addition, the council shall:
    1. Review, comment upon, and make recommendations to the commissioner on the standards and policies to be used in the trimming and removal of vegetation on state rights of way in front of legally erected and maintained outdoor advertising signs;
    2. Make recommendations to the department regarding standards for vegetation removal and landscape and maintenance plans submitted by permittees including without limitation the use of viewing zones under Code Section 32-6-75.3;
    3. Review the performance of permittees holding current tree and vegetation trimming permits issued under Code Section 32-6-75.3 for compliance with the requirements of such permits including without limitation the implementation of landscaping plans;
    4. Encourage the contribution of funds from appropriate sources to support roadside enhancement and beautification;
    5. Submit to the commissioner annually not later than 30 days after the date of its fourth quarter meeting a written report of findings based upon its reviews of permittees' performances and recommendations including without limitation any recommendations for expenditures for roadside enhancement and beautification; and
    6. Perform such other functions as may be specified for the council by the department.

      The council shall have full and complete access to all department records necessary for the performance of its duties.

  3. The council shall meet to elect a chairperson and vice chairperson and to establish the rules governing its operation. The advisory council shall meet at the call of the chairperson and shall meet not less than quarterly.
  4. Each councilmember shall be compensated at a rate per day the same as that rate per day provided by law for members of the General Assembly serving on interim committees and shall be reimbursed for any necessary expenses; provided, however, that any full-time state employee on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.

(Code 1933, § 95A-934.3, enacted by Ga. L. 1981, p. 955, § 2; Ga. L. 1985, p. 149, § 32; Ga. L. 1998, p. 1313, § 1; Ga. L. 2001, p. 4, § 32.)

Cross references.

- Roadside enhancement and beautification fund, Ga. Const. 1983, Art. III, Sec. IX, Para. VI.

Forest resources and other plant life generally, T. 12, C. 6.

Law reviews.

- For review of 1998 legislation relating to highways, bridges, and ferries, see 15 Ga. St. U.L. Rev. 136 (1998). For article, "Highways, Bridges, and Ferries: Regulation of Maintenance and Use of Public Roads Generally," see 28 Ga. St. U.L. Rev. 91 (2011).

JUDICIAL DECISIONS

Regulations invalid.

- Regulations adopted by the Department of Transportation to implement the program allowing the owners of private outdoor advertising to trim vegetation on public property blocking the owners' advertising did not comply with the statutory mandate that the Roadside Enhancement and Beautification Council was to review and recommend such standards so the regulations were invalid. Garden Club of Ga. v. Shackelford, 274 Ga. 653, 560 S.E.2d 522 (2002).

Cited in Outdoor Adv. Ass'n of Ga. v. Garden Club of Ga., Inc., 272 Ga. 146, 527 S.E.2d 856 (2000).

OPINIONS OF THE ATTORNEY GENERAL

Commissioner is authorized to initiate issuance of permits.

- Commissioner is authorized, but not required, to initiate a program under which permits may be issued for trimming trees and vegetation in connection with administration of laws regulating billboards. 1981 Op. Att'y Gen. No. 81-75.

Cases Citing O.C.G.A. § 32-6-75.1

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Outdoor Advert. Ass'n of Georgia, Inc. v. Garden Club of Georgia, Inc., 527 S.E.2d 856 (Ga. 2000).

Cited 17 times | Published | Supreme Court of Georgia | Mar 6, 2000 | 272 Ga. 146, 2000 Fulton County D. Rep. 937

...Thurbert E. Baker, Attorney General, Ray O. Lerer, Senior Assistant Attorney General, Cathy Cox-Brakefield, Assistant Attorney General, for Shackelford and the Department of Transportation. *857 THOMPSON, Justice. In 1998, the General Assembly enacted OCGA §§ 32-6-75.1 through 32-6-75.3, governing the issuance of permits for trimming vegetation and trees on Georgia rights-of-way to facilitate the viewing of outdoor advertising signs....
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Garden Club v. Shackelford, 274 Ga. 653 (Ga. 2002).

Cited 11 times | Published | Supreme Court of Georgia | Feb 25, 2002 | 560 S.E.2d 522, 2002 Fulton County D. Rep. 586

...Because DOT failed to comply with the statute’s procedural requirements, however, we are unable to address the constitutionality of the regulations. Instead, we hold that the regulations are invalid based on DOT’s failure to consult with the Roadside Enhancement and Beautification Council as required by OCGA § 32-6-75.1. In Garden Club of Georgia v. Shackelford,2 this Court invalidated the Department of Transportation’s rules allowing the trimming of trees and vegetation on the highway rights-of-way. In response, the Georgia General Assembly enacted new statutory provisions, OCGA §§ 32-6-75.1 to 32-6-75.3....
...The general rule is that a court will not consider a constitutional challenge if there is a non-constitutional basis for resolving the case.10 We do not address the constitutionality of the regulations in this appeal because the DOT violated mandatory procedures in promulgating the rules. OCGA § 32-6-75.1 provides for a 12-member Roadside Enhancement and Beautification Council to assist the DOT in formulating policies and resolving problems related to the vegetation removal program....
...romulgated its regulations without waiting for the appointment of the advisory council specified by the legislature. Because the DOT failed to involve the Roadside Enhancement and Beautification Council in the rulemak-ing process as required by OCGA § 32-6-75.1, we conclude that the regulations were not validly promulgated under the statute....
...393 (330 SE2d 348) (1985) (deferring to legislative judgment in enacting sentencing scheme). See Board of Tax Assessors v. Tom’s Foods, 264 Ga. 309 (444 SE2d 771) (1994); Georgia Board of Dentistry v. Brooks, 273 Ga. 852 (548 SE2d 284) (2001). See OCGA § 32-6-75.1 (b) (1), (2), (3), and (6). See OCGA §§ 32-6-90; 50-13-2 (6) (f).