Section 10

10.1.1

The following requirements apply to proposed landscaping within right-of-way under the jurisdiction of the WCRC:

1. No plantings or installation of walls, barriers, berms, signs, paths, lighting elements, entrance markers, or structural elements associated with landscaping shall be installed within the right-of-way unless the WCRC issues a permit.
2. The application for permit shall include three sets of scaled drawings or plans showing all proposed landscaping work, existing conditions, size, location and dimensions of proposed landscaping elements, sight distance triangles at approaches, and a location map.
3. The application for permit shall include an agreement to maintain the landscaping and landscaping elements located within the right-of-way.

10.1.2

Plantings, walls, signs, entrance markers, or other structural elements will not be permitted within clear vision areas or sight distance triangles at driveways or road approaches.

10.1.3

No landscaping or landscaping element shall interfere with drainage facilities, easements, or access to such facilities for maintenance purposes.

10.1.4

Signs, decorative lighting, or other structural elements will not be permitted in a boulevard median within the road right-of-way.

10.1.5

Irrigation systems are not allowed in the right-of-way. Control panels, electrical systems, sprinkler heads or water supplies and distribution lines to sprinkler systems shall be located outside the right-of-way.

10.1.6

Landscaping may be permitted within an island of a subdivision or residential road subject to the following:

1. The curb shall be non-mountable. All fixed objects shall be located beyond the clear zone as defined by then current AASHTO Roadside Design Guide.
2. All trees planted with the island shall be ornamental-type trees with a maximum expected diameter at breast height (DBH) of four inches.

10.1.7

Roadside trees will be permitted adjacent to the subdivision or residential road as allowed by the appropriate governing body, subject to the aforementioned clear zone and clear vision/sight distance requirements.

10.2.1

Permit requirements

1. A permit is required for any tree removal, trimming, tunneling or boring of trees within the right-of-way. A separate permit will not be required if the tree removal, trimming, tunneling or boring is performed in conjunction with other permitted activities. Such other permitted activities may include the construction of approaches, road improvements, or utilities, provided that the tree removal, trimming, tunneling or boring is shown on the approved plans.
2. The Permit Holder shall show on the construction plans the location, size, and species of all trees which may be affected by the proposed construction.
3. Before removing or trimming any tree located within the right-of-way the Permit Holder shall obtain a wood disposal agreement from the abutting property owner. Wood disposal agreement forms may be obtained from the WCRC Permit Section. A separate form shall be obtained from each individual property owner on whose frontage trees will be removed or trimmed. The wood disposal agreement shall be evidence of the property owner’s permission to remove the trees as shown on the plans. The Applicant or Permit Holder shall negotiate terms of the wood disposal agreement with each individual property owner. Signed copies of any necessary wood disposal agreements must be on file with the WCRC Permit Section before a permit will be issued. The Permit Holder shall notify the abutting property owner(s) prior to beginning tree removal or trimming operations.

10.2.2

The Permit Holder shall dispose of all stumps, limbs, litter, and logs outside of the road rightof-way. The abutting property owner shall be entitled to the wood. The Permit Holder shall be responsible for notifying and coordinating delivery of wood to the property owner(s).

10.2.3

Any tunneling or boring under trees must be below the major root system and must extend a distance of one foot on either side of the tree for each two inches of trunk diameter. All voids around the tunneled or bored facility shall be backfilled with excavated material and thoroughly compacted to avoid settlement. If the tree is severely damaged or dies within one year as a result of the tunneling or boring, the Permit Holder shall at its expense remove the tree.

10.2.4

The Permit Holder may be required to replace trees. If applicable, landscaping plans showing trees to be removed as well as the species, size and planting location for each replacement tree shall be included with the permit application. Replacement trees shall be well-formed and sturdy stock of a size and variety approved by the WCRC.

10.3.1

All drainage improvements shall conform to the design requirements of the current edition of the MDOT Drainage Manual, which may be downloaded in .pdf format (as of the effective date of these Procedures and Regulations) from the MDOT website at http://www.michigan.gov/stormwatermgt/.

10.3.2

Any water diversion or discharge into the WCRC road drainage system shall require a permit from the WCRC and shall not exceed normal agricultural runoff rates of flow, unless otherwise specifically approved by the WCRC.

10.3.3

Any such water diversion or discharge shall be performed in such manner as not to cause a hazardous condition to either pedestrian or vehicular traffic nor to cause erosion, siltation, or ponding which adversely affects the stability of the roadway or damages adjacent property.

10.3.4

If the existing road drainage system lacks the capacity to handle a new discharge or diversion, the WCRC reserves the right to deny access to the drainage system.

10.3.5

If agricultural rates of discharge cannot be accomplished naturally, the Applicant must propose a detention system with an outlet control approved by the WCRC prior to being granted access to the existing road drainage system.

10.4.1

Prior to applying for a permit for borings or monitoring wells to be situated in the right-ofway, the Applicant must obtain written permission from the owners of adjoining lands. The documented evidence of this permission shall be submitted with the permit application.

10.4.2

The approval of locations for borings within the right-of-way assumes that generally the testing method is a short-term operation followed by immediate restoration of the disturbed area. If borings are later to be converted into monitoring wells, the Applicant shall indicate this intent on the initial application.

10.4.3

The WCRC reserves the right to require the Permit Holder remove the well as a result of road and drainage construction purposes without replacement or reimbursement of any costs incurred by the Permit Holder or any other party.

10.4.4

Any costs of cleanup shall be considered as restoration and shall be the sole responsibility of the Permit Holder pursuant to the permit.

10.4.5

If not implemented within 12 months of issuance, the permit shall expire unless the Permit Holder receives a continuance in writing from the Permit Section.

10.4.6

The Permit Holder shall provide a copy of the data collected from the monitoring well operation to the Permit Section upon request.

10.4.7

The applicant is responsible for locating nearby drainage facilities prior to installing monitoring wells.

10.4.8

Since the character, time limits, area, and particular requirements of each non-intrusive testing project vary significantly, such permits are generally addressed on a case-by-case basis. Fees, insurance, surety and general requirements are handled similarly. The permit shall not sanction drilling or the taking of physical samples. However, since there is potential for surface damage when moving heavy equipment within the right-of-way, permits are required for all such activities.

10.4.9

Borings or monitoring wells will not be permitted in the paved or traveled portions of the roadway nor the shoulder.

10.4.10

The Applicant shall specify the proposed dimensions in its drilling and/or well completion program. The boring and/or completion designs shall be drilled and installed in accordance with industry standards.

10.4.11

Top of well casing shall be four inches or less above the ground to prevent contact with roadway maintenance equipment, and shall be placed outside the mowed area, if possible.

10.4.12

All soil and water (drilling muds included) produced during the boring/drilling, testing, and/or sampling operations shall be disposed of outside of the right-of-way in a manner acceptable to the MDEQ.

10.4.13

All operating monitoring wells are to be completed with a cap that is mounted flush with the ground to minimize interference with landscaping, mowing, road maintenance, pedestrian, and/or automotive traffic using the right-of-way.

10.4.14

As soon as possible following completion of intrusive test borings and/or abandonment of monitoring wells, the Permit Holder shall restore the right-of-way to its previous condition. All borings or monitoring wells (whether successful or not) shall be sealed (plugged) and abandoned as prescribed by MDEQ regulations.