Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.439 - Discontinuance of Sign Due to Destruction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a sign is partially destroyed by a natural force outside the control of the
				  permit holder, including wind, tornado, lightening, flood, fire, or hurricane,
				  the department will determine whether the sign can be repaired without an
				  amended permit.
(b) The department
				  may require the permit holder to submit an estimate of the proposed work,
				  including an itemized list of the materials to be used and the manner in which
				  the work will be done. The department will allow the sign to be repaired
				  without an amended permit if the department determines that the damage is not
				  substantial. If the damage is determined to be substantial the sign owner must
				  obtain an amended permit under §21.423 of the subchapter (relating to
				  Amended Permit).
(c) The department
				  will cancel the existing permit if it determines the damage to the sign is
				  substantial under subsection (g) of this section and an amended permit is not
				  obtained by the sign owner within one year after the date that the department
				  first became aware of the damage.
(d) If a permit is canceled under this
				  section or §
										21.425 of
				  this subchapter (relating to Cancellation of Permit) the remaining sign
				  structure must be dismantled and removed without cost to the state.
(e) A sign that is totally or partially
				  destroyed by vandalism or a motor vehicle accident may be rebuilt as described
				  on the most recently approved permit application.
(f) If a decision to cancel a permit is
				  appealed, the sign may not be repaired during the appeal process.
(g) Damage is considered to be substantial if
				  the cost to repair the sign would exceed 50 percent of the cost to replace it
				  with a sign of the same basic construction using new materials and at the same
				  location.
(h) A sign that is
				  partially destroyed by a natural force outside the control of the permit holder
				  in an area that receives a state or federal disaster declaration and the sign
				  owner has documentation to show that the sign damage would not be considered
				  substantial the sign may be repaired without prior determination by the
				  department if, repaired within 180 days of the event and if within 60 days of
				  the completion of the repairs, the owner submits the following:
(1) photos of the partially destroyed sign
				  and the repaired sign; and
(2) a
				  notarized affidavit executed by the permit holder containing:
(A) the permit number of the sign;
(B) a statement that the sign was damaged by
				  the natural force;
(C) a statement
				  that the cost to repair the sign was less than 60 percent of the cost of a new,
				  sign with the same basic construction; and
(D) a statement that the sign was repaired in
				  the same configuration and with like materials according to the most recent
				  approved permit.