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 21.423 - Amended Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) To perform
				  customary maintenance or to make substantial changes to the sign or sign
				  structure under §
										21.434 of
				  this subchapter (relating to Repair and Maintenance) a permit holder must
				  obtain an amended permit before initiating any action to the sign
				  structure.
(b) To obtain an amended
				  permit, the permit holder must submit an amended permit application on a form
				  prescribed by the department. The amended permit application must provide the
				  information required under §
										21.409 of this
				  subchapter (relating to Permit Application) applicable to an amended permit and
				  indicates the change from the information in the original application for the
				  sign permit. The amended application is not required to obtain the signature of
				  the land owner.
(c) The new sign
				  face size, configuration, height, lighting, or location must meet all
				  applicable requirements of this subchapter.
(d) The holder of a permit for a
				  nonconforming sign may apply for an amended permit to perform eligible
				  customary maintenance under §
										21.434 of
				  this subchapter. An amended permit will not be issued for a substantial change,
				  as described by §
										21.434(c)
				  of this subchapter, to a nonconforming sign.
(e) Making a change to a sign, except as
				  provided by subsection (h) of this section, without first obtaining an amended
				  permit is a violation of this subchapter and will result in an administrative
				  enforcement action.
(f) The
				  department will make a decision on an amended permit application within 60 days
				  of the date receipt of the amended permit application. If the decision cannot
				  be made within the 60 day period the department will notify the applicant of
				  the delay, provide the reason for the delay, and provide an estimate for when
				  the decision will be made.
(g) If
				  an amended permit application is denied, the applicant may file a request with
				  the executive director for an appeal using the same procedures found in §
										21.170
				  of this chapter (relating to Appeal Process for Permit Denials).
(h) In the event of a natural disaster the
				  department may waive the requirement that a required amended permit be issued
				  prior to the repair of a conforming sign. If the department waives this
				  requirement the amended permit must be submitted within 60 days of the
				  completion of the repairs. If the repairs are in violation of these rules or
				  the permit holder fails to submit the amended permit application the sign is
				  subject to enforcement and removal actions.
(i) An amended permit is valid for one year
				  after the date of the department's approval of the amended permit application.
				  The provisions of this subchapter relating to a permit, including §
										21.421(g)
				  of this subchapter (relating to Permit Renewals), apply to the amended permit.
				  The date of the department's approval of the amended permit application is
				  considered to be the amended permit's date of issuance.
(j) The documentation and fee required under
				  this section must be sent to: Texas Department of Transportation, Outdoor
				  Advertising, P.O. Box 13043, Austin, Texas 78711-3043.
(k) If a sign is built with a smaller face
				  than the size shown on the permit application or if the face is reduced in size
				  after it is built, an amended permit will be required to increase the size of
				  the face.