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 21.174 - Amended Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) To perform
					 customary maintenance or to make substantial changes to a commercial sign under
					 §
											21.191 of
					 this subchapter (relating to Repair and Maintenance of Commercial Signs) a
					 permit holder must obtain an amended permit before initiating any action to the
					 sign structure. To change the sign face of an existing permitted sign to an
					 electronic sign under this subchapter, a permit holder must obtain an amended
					 permit.
(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 §
											21.159 of this
					 subchapter (relating to Permit Application) applicable to an amended permit and
					 indicates the change from the information in the sign permit.
(c) The new sign face size, configuration,
					 height, or lighting, 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 §
											21.191(b)
					 of this subchapter. An amended permit will not be issued for a substantial
					 change as described by §
											21.191(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 of the 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 of 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 subchapter (relating to Appeal Process for Permit Denials).
(h) If maintenance or changes authorized
					 under this section are being made on a conforming sign because of a natural
					 disaster, on request the department may waive the requirement that the required
					 amended permit be issued before the work begins. If the department grants a
					 waiver under this subsection, the permit holder shall submit the amended permit
					 application within 60 days after the date that the work is completed. If the
					 maintenance or changes violate this section or the permit holder fails to
					 submit the amended permit application as required by this subsection, 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.
					 If any of the changes approved in the amended permit application are not
					 completed within one year after the date of the department's approval, the
					 license holder must reapply to make those changes and must pay the prescribed
					 fee. The provisions of this subchapter relating to a permit 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, Highway Beautification Section, P.O. Box 13043, Austin, Texas
					 78711-3043 or submitted to the department electronically through the process
					 established by the department.
(k)
					 An amended application will not be approved to change the location of a
					 permitted sign structure.
(l) A
					 conforming commercial sign may be modified to be an electronic sign only if an
					 amended permit for the electronic sign is obtained from the
					 department.