reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.191 - Repair and Maintenance of Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) The following are considered to be
					 routine maintenance activities that do not require an amended permit:
(1) the replacement of nuts and
					 bolts;
(2) nailing, riveting, or
					 welding;
(3) cleaning and
					 painting;
(4) manipulation of the
					 sign structure to level or plumb it;
(5) changing of the advertising
					 message;
(6) the replacement of
					 minor parts if the materials of the minor parts are the same type as those
					 being replaced and the basic design or structure of the sign is not
					 altered;
(7) changing all or part
					 of the sign structure but only if materials similar to those of the sign
					 structure being replaced are used; and
(8) upgrading existing lighting for an energy
					 efficient lighting system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.192 - Permit for Relocation of a Commercial Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A commercial sign that has been timely
					 removed from a department construction project site may be relocated in
					 accordance with this section, §
											21.193
					 of this subchapter (relating to Location of Relocated Commercial Sign) and
					 §
											21.195
					 of this subchapter (relating to Relocation of Sign within a Certified City) if
					 the sign is legally erected and maintained and will be within the highway right
					 of way as a result of a highway construction project or, under exceptional
					 circumstances as determined by the executive director or the executive
					 director's deputy if the sign is legally erected and maintained and the
					 relocation will further the intended purposes of the Highway Beautification Act
					 of 1965 (23 U.S.C. §§
												131,
					 136,
					 319).
(b) To relocate a sign under this section,
					 the permit holder must obtain a new permit under §
											21.164 of
					 this subchapter (relating to Decision on Application).
(c) To receive a new permit to relocate a
					 sign under this section, the permit holder must submit a new permit application
					 that identifies that the application is for the relocation of an existing sign
					 due to a highway construction project. The new location must meet all local
					 codes, ordinances, and applicable laws.
(d) Notwithstanding other provisions of this
					 section, if only a part of a sign will be located within the highway right of
					 way as a result of the construction project, the sign owner may apply to amend
					 the existing permit for the sign to authorize:
(1) the adjustment of the sign face on a
					 monopole sign that would overhang the proposed right of way and the required
					 five foot setback from that location to the land on which the sign's pole is
					 located, including adding a second pole if required to support the adjustment
					 for a legal non-conforming monopole sign;
(2) the relocation of the poles and sign face
					 of a multiple sign structure that is located in the proposed right of way from
					 the proposed right of way and the required five-foot setback to the land on
					 which the other poles of the sign structure are located; or
(3) a reduction in the size of a sign
					 structure that is located partially in the proposed right of way and the
					 required five-foot setback so that the sign structure and sign face are removed
					 from the proposed right of way and the required five-foot setback.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.193 - Location of Relocated Commercial Sign

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The location of the relocated sign must be within a zoned commercial or
					 industrial area as described by §
											21.178
					 of this subchapter (relating to Zoned Commercial or Industrial Area) or an
					 unzoned commercial or industrial area, as described by §
											21.179
					 of this subchapter (relating to Unzoned Commercial or Industrial Area) except
					 that an unzoned commercial or industrial area may include only one recognized
					 commercial or industrial activity.
(b) A sign may not be relocated to a place
					 that is:
(1) within 500 feet of a public space
					 that is adjacent to a regulated highway, with the limitation provided under
					 this paragraph applying:
(A) on either side
					 of a regulated highway that is on a nonfreeway primary system; or
(B) on the side of the highway adjacent to
					 the public space if the regulated highway is on an interstate or freeway
					 primary system;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.195 - Relocation of Commercial Sign within Certified Cities

Current through Reg. 49, No. 28; July 12, 2024
If an existing sign is located within the incorporated
						boundaries of a municipality that is approved by the department to control
						commercial signs under §
											21.200
						of this subchapter (relating to Local Control of Commercial Signs) and the sign
						will be relocated within the incorporated boundaries of the same municipality,
						permission to relocate the sign must be obtained only from the municipality in
						accordance with the municipality's sign and zoning
						ordinances.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.198 - Order of Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) If a commercial
					 sign permit expires without renewal, or is canceled or if a sign is erected or
					 maintained in violation of this subchapter, the owner of the sign or, if the
					 department cannot after reasonable effort determine the identity or location of
					 the sign owner, the land owner, on a written demand by the department, shall
					 remove the sign at no cost to the state.
(b) If the sign owner, or land owner, does
					 not remove the sign within 45 days of the day that the demand is sent, the
					 department will remove the sign and will charge the sign owner or land owner,
					 as appropriate, for the cost of removal, including the cost of any court
					 proceedings.
(c) The department
					 will rescind a removal demand if the department determines the demand was
					 issued incorrectly.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.199 - Destruction of Vegetation and Access from Right of Way Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not:
(1) trim or destroy a tree or other
					 vegetation on the right of way for any purpose related to this subchapter;
					 or
(2) erect or maintain a sign
					 from the right of way.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.200 - Local Control of Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The department may authorize a political subdivision, as a certified city, to
					 exercise control over commercial signs in its jurisdiction. If the political
					 subdivision receives approval under this section, it will be listed as a
					 certified city and a permit issued by that political subdivision is acceptable
					 instead of a permit issued by the department within the approved
					 area.
(b) To be considered for
					 authorization under this section, the political subdivision must submit to the
					 department:
(1) a copy of its sign
					 regulations;
(2) a copy of its
					 zoning regulations;
(3) information
					 about the number of personnel who will be dedicated to the program and what
					 type of records will be maintained, including whether the political subdivision
					 maintains an inventory of signs that can be provided to the department in an
					 electronic format that is acceptable to the department; and
(4) an enforcement plan that includes the
					 removal of illegal signs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.201 - Fees Nonrefundable

Current through Reg. 49, No. 28; July 12, 2024
A fee paid to the department under this subchapter is
						nonrefundable.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.202 - Property Right Not Created

Current through Reg. 49, No. 28; July 12, 2024
Issuance of a permit or license under this subchapter
						does not create a contract or property right in the permit or license
						holder.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.203 - Complaint Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 will accept and investigate all written complaints on a specific sign
					 structure, sign company, or any other issue under the jurisdiction of the
					 highway beautification program.
(b)
					 The complaints can be filed via the department's website or by mail.
(c) If the complaint involves a sign
					 structure or a sign company the department will notify the owner of the sign
					 structure or sign company of the complaint and the pending investigation within
					 15 days of receipt of the complaint. This notification will include a copy of
					 the complaint and complaint investigation procedures.
(d) If the complaint included contact
					 information, the department will provide the complainant with a copy of the
					 complaint procedures within 15 days of the receipt of the complaint.
(e) If the complaint involves fewer than 10
					 sign structures the department will investigate the complaint and make a
					 finding within 30 days of the receipt of the complaint. If the complaint
					 involves 10 or more sign structures or is an investigation of a sign company or
					 any other sign matter the department will make a finding within 90 days of the
					 receipt of the complaint.
(f) If
					 the department is unable to meet the deadlines in subsection (e) of this
					 section, the department will notify the complainant, the sign owner, or sign
					 company of the delay and will provide a date for the completion of the
					 investigation.
(g) The department
					 will provide the complainant, sign owner, or sign company the findings of the
					 investigation, which will include whether administrative enforcement actions
					 are being initiated.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.204 - Administrative Penalties for Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may impose administrative
					 penalties against a person who intentionally violates Transportation Code,
					 Chapter 391 or this subchapter.
(b)
					 The amount of the administrative penalty may not exceed the maximum amount of a
					 civil penalty that may be imposed under Transportation Code, §
											391.035 and will
					 based on the following:
(1) $250 for a
					 violation of:
(A) a registration requirement
					 of §
													21.162
					 of this subchapter (relating to Permit Application for Certain Preexisting
					 Commercial Signs); or
(B) erecting
					 the sign at a location other than the location identified by stake or paint,
					 except that if the sign location as built does not conform to all other
					 requirements the department will seek cancellation of the permit;
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.205 - Curable Commercial Sign Permit Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit holder commits a curable
					 violation if the permit holder:
(1) abandons
					 a sign, as determined under §
												21.181 of
					 this subchapter (relating to Abandonment of Sign);
(2) erects an otherwise conforming sign
					 structure that is not on the parcel of land indicated on the permit;
(3) erects a sign structure at a location
					 that does not meet all spacing requirements of this subchapter or as described
					 in the permit application;
(4)
					 makes customary repairs or substantial changes to a conforming sign without
					 obtaining a required amended permit under §
												21.174
					 of this subchapter (relating to Amended Permit);
(5) fails to establish legal access from
					 private property in accordance with §
												21.167
					 of this subchapter (relating to Erection and Maintenance from Private
					 Property);
(6) violates any of the
					 provisions of §
												21.190
					 of this subchapter (relating to Lighting of and Movement on Commercial Signs);
					 or
(7) violates §
												21.189
					 of this subchapter (relating to Commercial Sign Height Restrictions).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.206 - Requirements For An Electronic Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) On
					 an electronic sign each message must be displayed for at least eight seconds. A
					 change of message must be accomplished within two seconds and must occur
					 simultaneously on the entire sign face.
(b) An electronic sign must:
(1) contain a default mechanism that freezes
					 the sign in one position if a malfunction occurs; and
(2) automatically adjust the intensity of its
					 display according to natural ambient light conditions.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter establishes the procedure
				  to be used for leasing state-owned right of way for freight movement to reduce
				  congestion on the state highway system and to improve air quality when the
				  commission authorizes such a lease for a specified project.
(b) This subchapter may not be used for the
				  lease of right of way for the purposes of a pipeline, electric transmission
				  line, or other utility facility. Additionally, this subchapter may not be used
				  for the lease of right of way for rail lines that are part of the general
				  system of rail transportation and require a certificate from the United States
				  Surface Transportation Board under
				  49 U.S.C.
				  §10901.
(c) The procedure provided by this subchapter
				  is separate from and in addition to the procedure established under Subchapter
				  L of this chapter (relating to Leasing of Highway Assets).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.302 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise.
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Executive
				  director--The executive director of the department or the executive director's
				  designee, not below the level of deputy executive director or assistant
				  executive director.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.303 - Request for Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may issue a request for proposals from public and private entities for the
				  submission of detailed documentation regarding a proposed project and the
				  associated lease of right of way.
(b) The request for proposals will provide
				  the information necessary for a responsive proposal.
(c) The request for proposal will set out in
				  detail the specific evaluation criteria that the department establishes for the
				  project under §
										21.305 of
				  this subchapter (relating to Selection of Entity).
(d) A request for proposal may describe the
				  geographic limits of potential right of way to be leased.
(e) The department will publish notice of the
				  intent to issue a request for proposal on the department's Internet website and
				  in the
Texas Register
and at least one newspaper of general
				  circulation in the state. The department may also furnish notice to entities
				  associated with freight movement that the department believes might be
				  interested and qualified to participate in submitting a proposal.
(f) The deadline for submitting a proposal
				  will not be before the 31st day after the date that the notice is published in
				  the
Texas Register
under subsection (e) of this
				  section.
(g) The department will
				  not accept unsolicited proposals under this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.304 - Proposals

Current through Reg. 49, No. 28; July 12, 2024
(a) To be responsive to a request under this
				  subchapter, a proposal must set out in detail:
(1) the description of the property that is
				  proposed to be leased;
(2) the
				  proposed lease term, amount to be paid under the lease, and the payment
				  schedule;
(3) the proposer's
				  qualifications and demonstrated technical competence related to the proposed
				  project;
(4) proposed technologies
				  to be used for the proposed project, including information from test facilities
				  or operational facilities;
(5)
				  schematic designs and architectural designs sufficient to show the extent and
				  nature of the proposed project;
(6)
				  the proposer's ability to meet schedules;
(7) a detailed financial plan, including cost
				  methodology, cost proposals, and project financing approach;
(8) the estimated air emissions of the
				  proposed transportation facility and a comparison to the estimated emissions
				  from equivalent truck transportation;
(9) the effects on the highway facility,
				  including changes in access, clear-zones, lines of sight, signage, drainage,
				  vegetation, and safety; and
(10)
				  any other information that the department considers relevant or
				  necessary.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.305 - Selection of Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will evaluate proposals based on the criteria that the department considers
				  appropriate for the project. The criteria may include the comparative value of
				  estimated emissions reductions generated by the proposed transportation
				  facility, the revenue potential to the state, the current viability of proposed
				  technology, the financial viability of the proposer, or other factors that the
				  department reasonably determines are relevant for the project.
(b) Based on the evaluation criteria
				  described under subsection (a) of this section, the department will rank all
				  proposals that are complete, responsive to the request for proposals, and in
				  conformance with the requirements of this subchapter.
(c) The department may select one or more
				  entities whose proposals offer the apparent best value to the department, or
				  may reject all proposals.
(d) The
				  department will submit a recommendation to the commission regarding approval of
				  the proposal or proposals determined to provide the apparent best value to the
				  department. The commission may disapprove the recommendation or the commission
				  may approve the recommendation, if it finds that:
(1) one or more alternative transportation
				  facilities for moving freight are available that have lower emissions than
				  emissions produced for the movement of the same amount of freight an equivalent
				  distance by truck;
(2) part of the
				  right of way of, the airspace above, or the underground space below a highway
				  that is part of the state highway system will not be needed for a highway
				  purpose during the term of the lease and is suitable for the identified mode of
				  moving freight;
(3) the use of the
				  right of way, airspace, or underground space for the identified mode of moving
				  freight would not be inconsistent with applicable highway use; and
(4) the lease of the property described in
				  paragraph (2) of this subsection would be economically beneficial to the
				  department, taking into account the receipt of lease payments and the reduced
				  maintenance costs on the state highway system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.306 - Negotiation with Selected Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will attempt to negotiate an agreement with the approved proposer
				  for the lease right of way from the department and for the design, development,
				  construction, financing, operation, and maintenance of the proposed
				  transportation facility.
(b) If an
				  agreement that is satisfactory to the department cannot be negotiated with that
				  proposer, or if, in the course of negotiations, it appears that the proposal
				  will not provide the department with the overall best value, the department
				  will formally end negotiations with that proposer, and, in its sole discretion:
(1) if authorized by the commission, proceed
				  to the next most highly ranked proposal and attempt to negotiate an agreement
				  with that entity in accordance with this subsection;
(2) reject all proposals and end the process;
				  or
(3) modify the request for
				  proposals and begin the process under this subchapter again.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.307 - Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) An agreement under this subchapter must
				  be in writing, must be executed by the executive director, and must contain the
				  terms specified in this section. The agreement is subject to approval by the
				  Federal Highway Administration.
(b)
				  The department may not execute an agreement that would impair or relinquish the
				  state's right to use the property for a right of way purpose when the property
				  is needed to construct or improve the roadway for which it was
				  acquired.
(c) If the proposed
				  project does not obtain the required governmental approvals or permits, the
				  department will cancel the lease.
(d) The agreement must contain:
(1) the term of the lease, the amount of rent
				  and required deposits, if any, and the method of payment;
(2) a detailed description of the right of
				  way to be leased, including a three-dimensional description if
				  needed;
(3) the general design for
				  the use of the leased right of way, including any improvements to be
				  constructed, all maps, plans, or sketches necessary to set out the pertinent
				  features in relation to any highway facility, and a description of any
				  temporary improvements to be provided by the lessee;
(4) a performance bond and payment bond, as
				  provided under Transportation Code, §
											202.053;
(5) a removal bond in an amount equal to the
				  anticipated future cost of removing any improvements, as well as the
				  restoration and mitigation of the right of way to a suitable and safe
				  condition, based on a removal, restoration, and mitigation plan approved by the
				  department;
(6) appropriate terms
				  relating to indemnity, liability, insurance, and risk of loss; and
(7) any other provisions considered necessary
				  or desirable by the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.308 - Termination of Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) An agreement
				  under this subchapter may be terminated if, in the department's sole opinion:
(1) the leased assets are not being used in
				  accordance with the lease or have been abandoned; or
(2) the selected proposer has not complied
				  with the terms of the agreement.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.309 - Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will charge for the lease
				  of right of way under this subchapter not less than fair market value, unless
				  the commission authorizes an exception under Transportation Code, §
										202.052(d).
				  The department may consider its costs in administering the agreement in
				  establishing the amount to be paid for the lease.
(b) All payments received under this
				  subchapter will be deposited into the state highway fund.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.310 - Sublease

Current through Reg. 49, No. 28; July 12, 2024
Any proposed sublease of a lease under this subchapter must
					 be approved by the department. If a sub-lessee is a utility provider, the
					 installation, adjustment, relocation, and maintenance of its facilities must be
					 in accordance with the department's utility accommodation policy in Subchapter
					 C of this chapter (relating to Utility Accommodation).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter J - LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY › Section 21.311 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may not convey title to, or sever from the real property, a permanent
				  improvement constructed on the property leased under this subchapter.
(b) Outdoor advertising will not be permitted
				  under an agreement under this subchapter.
(c) The person who enters into an agreement
				  with the department under this subchapter is responsible for any common carrier
				  obligation associated with the facility developed under the
				  agreement.
(d) A person's use of
				  right of way under an agreement under this subchapter does not constitute
				  abandonment of the property by the department.
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 21.401 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter is established to regulate the orderly and
					 effective display of outdoor advertising along rural highways and roads located
					 outside corporate limits of cities, towns, and villages.
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 21.403 - Prohibited Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign may not
				  be erected or maintained on a tree or painted or drawn on a rock or other
				  natural feature.
(b) A sign may not
				  be erected or maintained within the right of way of a public roadway or an area
				  that would be within the right of way if the right of way boundary lines were
				  projected across an area of railroad right of way, utility right of way, or
				  road right of way that is not owned by the state or a political
				  subdivision.
(c) A sign may not be
				  erected or maintained on a highway or part of a highway designated under
				  Transportation Code, §
										391.252.
(d) A sign may not be erected or contain a
				  display that imitates or resembles any official traffic sign, signal, or
				  device.
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 21.404 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
A person may not erect or cause to be erected an
					 off-premise sign, other than an exempt sign, that is visible from the
					 main-traveled way of a rural road without first having obtained a permit under
					 this subchapter.
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 21.406 - Exemptions for Certain Populous Counties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter does not apply to an off-premise portable sign in an
				  unincorporated area of a county with a population of 3.3 million or more,
				  according to the most recent federal census, if the county either prohibits or
				  regulates the location, height, size, anchoring, or use of such a portable
				  sign.
(b) This subchapter does not
				  apply to an on-premise sign in an unincorporated area of a county with a
				  population of 3.3 million or more or a county that borders such a county if:
(1) the county has adopted an ordinance to
				  regulate on-premise signs; or
(2)
				  the commissioner's court of the county, by order, has authorized the commission
				  to regulate on-premise signs in the unincorporated area of the county in
				  accordance with a municipal or county regulation.
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 21.407 - Existing Off-Premise Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign
				  that existed before September 1, 1985 and that was registered not later than
				  December 30, 1985 does not require a permit issued under this subchapter as
				  long as the registration remains valid.
(b) The sign registration is valid only for
				  the location indicated on the original registration application and only for
				  the sign described on that application.
(c) The sign registration must be renewed on
				  or before January 1 of the year of its expiration.
(d) The registration will automatically
				  terminate if:
(1) the sign is removed for any
				  reason other than to change the advertising;
(2) the registration is not renewed;
				  or
(3) the sign is replaced with
				  another structure.
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 21.408 - Continuance of Nonconforming Signs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Notwithstanding other provisions of this subchapter, the department will renew
				  a permit for a nonconforming sign only if the sign structure:
(1) was lawful on the later of the date it
				  was erected or became subject to the control of the department; and
(2) remains substantially the same as it was
				  on the later of the date it was erected, became subject to the department's
				  control, or became a nonconforming sign due to change in statute, rule, or
				  condition.
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 21.409 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a
				  permit for a sign, a person must file an application in a form prescribed by
				  the department. The application at a minimum must include:
(1) the complete name and address of the
				  applicant;
(2) the original
				  signature of the applicant;
(3) the
				  proposed location and description of the sign;
(4) the complete legal name and address of
				  the owner of the designated site;
(5) the appraisal district property tax
				  identification number of the designated site;
(6) the original signature of the site owner
				  or the site owner's authorized representative, with appropriate documentation
				  from the site owner authorizing the person to act as the site owner's
				  representative on the application demonstrating:
(A) consent to the erection and maintenance
				  of the sign; and
(B) right of entry
				  onto the property of the sign location by the department or its
				  agents;
(7) information
				  that details how and the location from which the sign will be erected and
				  maintained; and
(8) additional
				  information the department considers necessary to determine
				  eligibility.
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 21.410 - Site Owner's Consent; Withdrawal

Current through Reg. 49, No. 28; July 12, 2024
(a) A site
				  owner's consent to the erection and maintenance of the sign and access to the
				  site by the department or its agent is provided with a permit application under
				  §
										21.409 of this
				  subchapter (relating to Permit Application). The consent operates for the life
				  of the lease or until the owner delivers to the department and the sign owner a
				  written statement that permission for the maintenance or inspection by the
				  department or its agents of the sign has been withdrawn and documentation
				  showing that the lease allowing the sign has been terminated in accordance with
				  the terms of the lease agreement or through a court order.
(b) If the sign owner provides documentation
				  that the sign owner is disputing the lease termination, the department will not
				  cancel the permit until a settlement signed by both parties or a court order
				  settling the dispute is delivered to the department.
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 21.411 - Applicant's Identification of Proposed Site

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a permit for a new sign
				  must identify the proposed site of the sign by setting a stake or marking the
				  concrete at the proposed location of the edge of the sign structure, including
				  the sign face, that is nearest the right of way.
(b) At least two feet of the stake must be
				  visible above the ground. The stake or the mark must be distinguished from any
				  other stake or mark at the location.
(c) A stake or marking may not be moved or
				  removed until the application is denied or, if approved, until the sign has
				  been erected.
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 21.412 - Permit Application Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department will consider permit applications in the order of the receipt of the
				  applications.
(b) If an application
				  is rejected because it is not complete or has incorrect information, the
				  application loses its priority position and a copy of the application will be
				  sent to the applicant outlining the reasons the application was
				  rejected.
(c) The department will
				  hold an application that is for the same site as or a conflicting site with
				  that of an application that the department previously received until the
				  department makes a final decision on the previously received application. The
				  department will notify the applicant that the applicant's application is being
				  held because an application for the same or a conflicting site was previously
				  received. For the purposes of this subsection, the date of a final decision on
				  an application is:
(1) the date of the final
				  decision on an appeal under §
											21.418
				  of this subchapter (relating to Appeal Process for Permit Denials);
				  or
(2) if an appeal is not filed
				  within the period provided by §
											21.418
				  of this subchapter, on the 46th day after the date the denial notice was
				  received under §
											21.413 of
				  this subchapter (relating to Decision on Application).
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 21.413 - Decision on Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will make a decision on an application within 60 days of the date of receipt of
				  the application. If the decision cannot be made within the 60 day period, the
				  department will notify the applicant of the delay providing the reason for the
				  delay, and provide an estimate of when the decision will be made.
(b) If the permit application is approved,
				  the department will issue a permit for the sign by sending a copy of the
				  approved application to the applicant.
(c) If the permit application is not
				  approved, the department will send a copy of the denied application and a
				  notice that states the reason for the denial.
(d) If the permit application is denied, the
				  department will notify the landowner identified on the permit application of
				  the denial by written notice. The notice is for informational purposes only,
				  and does not convey any rights to the landowner. The landowner may not appeal
				  the denial unless the landowner is also the applicant.
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 21.414 - Sign Permit Plate

Current through Reg. 49, No. 28; July 12, 2024
(a) On receipt of
				  the sign permit plate, the sign owner shall securely attach the sign permit
				  plate to the part of the sign structure that is nearest to the rural road and
				  visible from the closest right of way not later than the 30th day after the
				  date that the sign is erected.
(b)
				  The sign permit plate may not be removed from the sign.
(c) The sign permit plate must remain visible
				  from the closest right of way at all times.
(d) If a sign permit plate is lost or stolen
				  or becomes illegible, the sign owner must submit to the department a request
				  for a replacement plate in a form prescribed by the department accompanied by
				  the replacement plate fee prescribed by §
										21.424 of
				  this subchapter (relating to Permit Fees).
(e) Failure to apply for a replacement permit
				  plate, to attach a plate to the sign structure as required in subsection (a) of
				  this section within 60 days after the department mails the permit plate or to
				  ensure visibility of an attached plate may result in an enforcement action
				  under §
										21.425 or
				  §
										21.426
				  of this subchapter (relating to Cancellation of Permit and Administrative
				  Penalties, respectively).
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 21.415 - General Sign Location Requirements

Current through Reg. 49, No. 28; July 12, 2024
The department will not issue a permit under this
					 subchapter unless the sign for which application is made is located along a
					 roadway to which Transportation Code, Chapter 394 applies and is within 800
					 feet of a recognized commercial or industrial activity located on the same side
					 of the roadway.
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 21.416 - Commercial or Industrial Activity

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of this subchapter, a governmental, commercial or industrial activity
				  is an activity that:
(1) is customarily
				  allowed only in a zoned commercial or industrial area; and
(2) is conducted in a permanent building or
				  structure affixed to the real property that:
(A) has an indoor restroom, running water,
				  functioning electrical connections, and permanent flooring, other than dirt,
				  gravel, or sand;
(B) is visible
				  from the traffic lanes of the main-traveled way;
(C) is not primarily used as a
				  residence;
(D) has at least 400
				  square feet of its interior floor space devoted to the activity; and
(E) is within 200 feet of the highway right
				  of way.
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 21.417 - Erection and Maintenance from Private Property

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will not issue a permit
				  for a sign unless it can be erected or maintained from private
				  property.
(b) If the department
				  finds sufficient evidence that the licensee destroyed vegetation on the right
				  of way for a proposed sign site, the permit application will be
				  denied.
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 21.418 - Appeal Process for Permit Denials

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  sign permit is denied, the applicant may file a request with the executive
				  director for an appeal.
(b) The
				  request for appeal must:
(1) be in
				  writing;
(2) contain:
(A) a copy of the denied permit
				  application;
(B) a statement of why
				  the denial is believed to be in error; and
(C) evidence that supports the issuance of
				  the application, such as drawings, surveys, or photographs; and
(3) be received within 45 days
				  after the date the denial notice was received.
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 21.419 - Request for a Variance

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  may request that the executive director approve a variance from the
				  requirements of this subchapter if the applicant believes that a minor
				  exception to this subchapter is required to prevent a substantial
				  injustice.
(b) The executive
				  director or the executive director's designee, who must be a person who holds a
				  senior leadership position of the department and reports directly to the
				  executive director, will consider all relevant written evidence submitted by
				  the applicant and collected by the department relating to the
				  request.
(c) The executive director
				  or the designee will make a final determination on the request for a variance
				  within 60 days of the receipt of the request.
(d) If the executive director or the designee
				  is unable to make a final determination on the request within the 60-day
				  period, the department will notify the applicant by mail of the delay and
				  provide an estimated time in which a final determination will be
				  made.
(e) If the variance is
				  granted and the other applicable requirements are satisfied, the department
				  will issue the permit.
(f) A denial
				  of a variance is final and is not appealable.
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 21.420 - Permit Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) A permit is
				  valid for one year.
(b) A permit
				  automatically expires on the date that the license issued under which the
				  permit was issued expires or is revoked by the department under §
										21.158 of this
				  chapter (relating to License Revocation) or §
										21.455
				  of this subchapter (relating to License Revocation and Non-Renewal).