§ 2511. Retention of Classification.

A landscaped freeway retains its classification:

(a) When a construction project results in the temporary removal of the plant material. If the plant material is not replaced within six months after the Department Accepts the construction project, the Chief Landscape Architect shall review the classification upon the receipt of a written request. No review shall be made until six months after the Department accepts the construction contract. If the Chief Landscape Architect determines that it is not reasonably certain that new Plantings, sufficient to constitute a landscaped freeway, will be placed within two fiscal years of the date of the request for review, the section is declassified, or,

(b) When a catastrophic event, such as a disease, pests, freeze or fire kills over 50% of the plantings in a segment, or over 3000 trees or shrubs of the same variety within a three year period throughout the state. In the case of such a catastrophic event, the Chief Landscape Architect shall review the classification upon receipt of a written request. The section will be declassified unless a concept plan to replace the plantings is adopted within two years after the conclusion of the catastrophic event or if the Chief Landscape Architect determines that it is not reasonably certain that new Plantings, sufficient to constitute a landscaped freeway, will be placed within six fiscal years of the date of the request for review.

HISTORY

1. New final paragraph and new Note filed 7-25-96 as an emergency; operative 7-25-96 (Register 96, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-96 or emergency language will be repealed by operation of law on the following day.

2. Reinstatement of section as it existed prior to 7-25-96 emergency amendment by operation of Government Code section 11346.1(f) (Register 97, No. 37).

3. New final paragraph and new Note filed 9-11-97; operative 10-11-97 (Register 97, No. 37).

4. Renumbering of former section 2511 to section 2507 and renumbering of former section 2515 to section 2511, including amendment of section and new Note filed 9-20-99; operative 10-20-99 (Register 99, No. 39).

5. Repealer and new section heading and amendment of section filed 11-23-2004; operative 12-23-2004 (Register 2004, No. 48).

Note

Note: Authority cited: Sections 5250 and 5415, Business and Professions Code. Reference: Section 5216, Business and Professions Code.