TRIDENT RISK POINTS: OPERATIONAL POLICIES & PROCEDURES
Topic: Roadway Vegetation Control Procedures
Line of Business: General Liability, Public Official Liability
Risk Control Strategy / Key Issues: Reduce the risk of bodily
injury and property damage claims from vehicle accidents
resulting from poorly maintained vegetation obstructing the view
of users of the road way and adjacent areas.
Suggested Program Elements:
1.
Develop Policy Statement:
Cite the responsibilities and goals of the organization to inspect and maintain vegetation
along the public roadways. The statement should explain the importance of this activity,
primarily a public safety responsibility, and reinforce the entity’s commitment to meeting these
responsibilities and goals.
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Indicate the involvement of each responsible department and employee in
meeting the stated goals. Assign program responsibility to one person (usually
the street and road department head or the head’s designee), making sure that
person has the management resources and budgetary authority to meet the
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Develop a complaint log (sample attached) to record reports from staff and
complaints from the public about vegetation obstructing visibility. Since citizens
may report problems to any of your employees, it is important to train all staff
how to note and record all complaints on the complaint log. Make sure there is a
process for timely forwarding these reports to the crew responsible for following
up. Require a follow up on all reports or complaints in a reasonable time, usually
24 hours after receipt.
Create an inspection log (sample attached) to be used each time a crew inspects
an area or follows up on a complaint. The log should note problems discovered
as will as the absence of any problems. Often claims allegedly caused by poorly
maintained vegetation cite the lack of proper inspections as a cause of the
damage. Recording the date of an inspection and the fact that no problems were
noted will help defeat such allegations.
Record the “fix” and file the complaint for future reference. Report back to any
public complainant, letting them know what your crew observed and what action
was taken. Consult your state’s public records document retention rules to
determine how long these documents are to be maintained. Always destroy
documents on or shortly after the permitted destruction date.
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Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
2.
Roadway Control:
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3.
Develop a process for employees to report problems they observe in the course
of their day and make training on this process part of an employee’s initial job
orientation as well as part of the on-going training schedule.
Communicate with neighboring highway departments, law enforcement agencies,
fire and EMS services, and other special districts that travel on your roadways.
Solicit their cooperation in reporting to you any problems or maintenance needs
they observe.
Designate a contact at each of these entities and follow up to discuss the
success of your joint efforts.
Self inspection schedule established:
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Establish set routes to be followed during inspections and a schedule for each.
Make sure the entire service area is inspected on schedule, usually more
frequently during the growing season and less frequently at other times.
Create a hazard list, indicating areas of high hazard, moderate hazard, low
hazard. High hazard areas should be inspected more frequently and low hazard
areas less frequently.
Note especially on the inspection checklist the condition of vegetation around
traffic control devices, road signs, rail road crossings, curves and intersections.
Formally document both the presence and absence of problems at each location.
Vary inspection personnel on a given route as a new set of eyes may notice
something an inspector familiar with the route may overlook.
Program Activities Calendar: Develop and use a calendar to ensure all necessary
elements of the program are completed timely, checking off items as they are completed. This should
include:
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Areas requiring inspection frequently during the growing season, some weekly,
bi-monthly or monthly.
Periodic reviews of complaints to determine whether each was handled timely
and properly. Deficiencies in handling can be used as examples for staff training
sessions.
Conduct spot checks of some crew responses and document the quality of the
response. Always advise the responsible crew of the results of the spot check.
Normally the work will be well done and acknowledging this can be rewarding to
the crew. If the work is not well done use this positively as a training tool to
communicate your expectations for future responses.
Review program elements yearly asking;
 whether the policy needs updating,
 whether routes should be added or deleted from the inspection schedule
Web Site Links:
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Trident Insurance Services
Copyright Trident 2004
http://www.nrvma.org/
http://www.ntsb.gov
http://www.nhtsa.dot.gov
http://www.fhwa.dot.gov/
http://www.atssa.com/
Revised Date: 01/2011
Attachments:
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Sample Roadway Vegetation Control Policy
Sample Roadway Vegetation Control Complaint Log
Sample Roadway Vegetation Control Inspection Checklist
Trident Insurance Services provides the above program information in order to reduce the risk of insurance loss and claims. The
information provided is not intended to include all potential controls or address any insured specifically. Trident also does not
warrant that all loss and/or claims will be avoided if the program information is followed. By providing this information, Trident in no
way intends to relieve the insured of its own duties and obligations, nor is Trident undertaking, on behalf of or for the benefit of the
insured or others, that the insured’s property or operations are safe, healthful, or in compliance with any law, rule or regulation.
Insureds remain responsible for their own efforts to reduce risks and should consult their own legal counsel for appropriate
guidance.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
SAMPLE ROADWAY VEGETATION CONTROL POLICY
MISSION:
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The operating goal is to maintain the highways, streets, sidewalks, curbs, guardrails and trees in
order to provide for the safety and convenience of the citizens and present an attractive, clean
appearance and to ensure safe vehicular movement.
DEFINITIONS:
Maintenance Activity:
Any activity undertaken by maintenance employees within or adjacent to roadway rights of way to
preserve, protect, and enhance the safe mobility of the traveling public, the roadways and facilities, as
well as the environment.
Roadside:
That area from the edge of the pavement to the right of way boundaries, including unpaved median strips.
Roadsides include rest areas, viewpoints, historic markers, pedestrian and bicycle facilities, wetland
mitigation sites, park & ride lots, stockpiles and maintenance storage sites.
Significant Roadside Activity:
Any activity that will substantially alter the visual appearance of roadside. Significant activities include,
but are not limited to removal of large stands of vegetation, grading to re-contour slopes or ditches,
removal of natural or constructed noise or visual barriers. Any activity that alters the visual appearance of
approximately 1,000 linear feet of roadside, or more is considered significant.
Significant activities do not include routine activities such as but not limited to ditch & culvert cleaning,
herbicide applications, mowing, erosion & slide repairs, grass seeding & fertilizing, roadway / highway
hardware repair or installation, and litter pick-up. Significant activities also do not include emergency
activities that are required as a result of a natural disaster or threat of eminent or immediate harm to the
highway facility or users.
The roadside serves many purposes. It provides space to escape potential accidents, creates a sense of
openness that contributes to driving ease and freedom from strain, improves sight distances, provides
space for maintenance activities, such as snow removal and storage, and provides an area that allows for
proper road drainage. The Department has instituted policies to help keep these areas reasonably clear.
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Tree removal, pruning and preservation
The Road Department is concerned about trees that could be hazardous to the motoring public.
These include dead, dying, or weakened trees; trees whose location can threaten motorists’
safety, and trees that affect proper road drainage. Trees may be removed or pruned to make
roads safer and more convenient. Whenever possible, the Department’s goal is preservation.
Tree replacement
The Road Department operates a tree replacement program that enables property owners to
participate with the commission in replacing trees.
Brush Removal and Control
To prevent brush takeover of the shoulder areas, encroaching on traveled surfaces, obstructing
drivers' vision or increasing ice hazards, the Road Department controls brush by mechanical
means, hand-cutting or the application of an herbicide approved by state and federal agencies.
Property owners who want to avoid the spraying of their roadside areas can obtain a No Spray
Permit and remove the roadside brush and low-hanging limbs themselves.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
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Roadside Weed Control
Weeds grow naturally along gravel or paved surface edges. To keep them from invading the
traveled portion of the road, the Road Department uses mowing or the application of an herbicide
approved by state and federal agencies.
ROADSIDE VEGETATION MANAGEMENT
Roadside Vegetation Management (RVM) is a long term approach to evaluating, developing, improving
and maintaining vegetation on road rights of ways. The ultimate purpose of any Roadside Vegetation
Management program is to provide a safe and healthy roadway, and to improve aesthetics along the
organization's secondary road system. RVM is a program for accomplishing these objectives in the most
economically and environmentally responsible manner possible. It is based on two principles:
1. Refining the use of herbicides, so that the chemicals we use have the greatest effect
on the target species and the least effect on desirable vegetation and ground water.
2. Preventing weeds through species competition by planting the species best suited to
each site.
The RVM program is based on the belief that every organization's approximately 4,000 acres of rights-ofway represent a significant resource worth managing by the most sustainable methods possible to the
greatest benefit to the organization.
BRUSH/VEGETATION CONTROL
To provide for the SAFE travel on all roadways, the following MINIMUM STANDARD of brush control
shall apply to all organization maintained roadways.
1. No brush, limbs or undergrowth shall protrude into the driving surface of the roadway.
The driving surface of the roadway is defined as the surface of the roadway between the
centerline of the ditches and shall include vertical clearance of a minimum of 15 feet +/-.
2. Notice, by publication in a newspaper of general circulation, shall be given at least fourteen (14) days
in advance of brush control work and shall include a listing of all roadways scheduled to receive brush
control maintenance within a 30 day period. The Department shall post notices at the beginning of
scheduled roadways so far as practical.
3. Road Department brush control crews shall receive initial and on-going training as developed by the
Organization in conjunction and with the assistance of the State Department of Conservation, the
State Forestry Department, and the State Highway & Transportation Department.
4. The Department will exercise limited use of chemicals via direct application to control REGROWTH of
brush and trees.
5. Restricted use herbicides shall only be applied by certified personnel.
6. Road Department shall attempt to mow all road rights-of- way a minimum of one time during the
growing season with special emphasis directed to high volume roads and areas with limited sight
distance.
Property owners shall be allowed to perform brush control operations conforming brush control standards
on ROAD RIGHT-OF-WAY directly adjacent to their property and/or for a thirty (30) foot distance on road
right-of-way centered on their mailbox if not directly adjacent to their property. Property owner shall be
responsible for cleanup/removal of all debris cut by their operation.
Persons other than adjacent property owners shall be allowed to perform brush control operations on
ROAD RIGHT-OF-WAY along properties other than their own ONLY with the express written permission
of the adjacent property owner(s) and issuance of a permit by the Road Department.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
BRUSH/VEGETATION CONTROL-MAJOR ROAD IMPROVEMENTS
Prior to completion of reconstruction or upgrading of any roadway, the following restriction or standards
shall apply dependent upon roadway classification:
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Collector Roads/Streets: All collector streets shall have a minimum maintained obstacle free zone of
five (5) feet in width extending beyond the ditch line on each side of the roadway. (based on
construction of typical section)
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Arterial Roads/Streets: All arterial streets shall have a minimum maintained obstacle free zone of ten
(10) feet in width extending beyond the ditch line on each side of the roadway. (based on
construction of typical section)
Appropriate roadside design standards shall be adhered to in the design of major road improvements.
The designer and/or design consultant shall be required to make conscious efforts to minimize impact on
roadway landscapes. Maintenance efforts shall be consistent with the design standards.
Trident Insurance Services provides the above program information in order to reduce the risk of insurance loss and claims. The
information provided is not intended to include all potential controls or address any insured specifically. Trident also does not
warrant that all loss and/or claims will be avoided if the program information is followed. By providing this information, Trident in no
way intends to relieve the insured of its own duties and obligations, nor is Trident undertaking, on behalf of or for the benefit of the
insured or others, that the insured’s property or operations are safe, healthful, or in compliance with any law, rule or regulation.
Insureds remain responsible for their own efforts to reduce risks and should consult their own legal counsel for appropriate
guidance.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
SAMPLE ROADWAY VEGETATION CONTROL
COMPLAINT LOG
Date
of
Notification
Name of
Notifier
Notifier’s
Phone Number
Problem
Date
Work
Order
Issued
Work
Order #
How Was
Situation
Resolved?
Date of
Follow Up
Call Made to
Notifier
Trident Insurance Services provides the above program information in order to reduce the risk of insurance loss and claims. The
information provided is not intended to include all potential controls or address any insured specifically. Trident also does not
warrant that all loss and/or claims will be avoided if the program information is followed. By providing this information, Trident in no
way intends to relieve the insured of its own duties and obligations, nor is Trident undertaking, on behalf of or for the benefit of the
insured or others, that the insured’s property or operations are safe, healthful, or in compliance with any law, rule or regulation.
Insureds remain responsible for their own efforts to reduce risks and should consult their own legal counsel for appropriate
guidance.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
Completion
Date
SAMPLE ROADWAY VEGETATION CONTROL
INSPECTION CHECKLIST
Date of Inspection
Road Number/Name:
Mile Post: MP# ________ to MP#________
Time:
Mile Post Section:
YES
TARGET ISSUE
Is vegetation inhibiting ditch flow or causing direction of flow changes?
Are there erosion and breaks or shifts in waterways?
Are there erosion and breaks or shifts in catch basins?
Are there erosion and breaks or shifts in culverts?
Are there erosion and breaks or shifts in slope drains?
Are there erosion and breaks or shifts in conduits?
Are there erosion and breaks or shifts in paving?
Is brush blocking or hindering driver sight at curves?
Is brush blocking or hindering driver sight at bridges?
Is brush blocking or hindering driver sight at fences?
Is brush blocking or hindering driver sight at intersections?
Is brush blocking or hindering driver sight at signs?
Is brush blocking or hindering driver sight at traffic signals?
Is brush blocking or hindering driver sight at driveways?
Is there debris on road and roadside?
Is there anything else that needs to be corrected on this area of roadway? Explain.
Other Comments:
Inspection Performed By:
Title:
Trident Insurance Services provides the above program information in order to reduce the risk of insurance loss and claims. The
information provided is not intended to include all potential controls or address any insured specifically. Trident also does not
warrant that all loss and/or claims will be avoided if the program information is followed. By providing this information, Trident in no
way intends to relieve the insured of its own duties and obligations, nor is Trident undertaking, on behalf of or for the benefit of the
insured or others, that the insured’s property or operations are safe, healthful, or in compliance with any law, rule or regulation.
Insureds remain responsible for their own efforts to reduce risks and should consult their own legal counsel for appropriate
guidance.
Trident Insurance Services
Copyright Trident 2004
Revised Date: 01/2011
NO