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 21.405 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following are exempt from the
				  requirements of this subchapter:
(1) a sign,
				  the erection and maintenance of which is allowed under the highway
				  beautification provisions of the Transportation Code, Chapter 391;
(2) a sign in existence before September 1,
				  1985, that was properly registered and maintains a valid registration under
				  §
											21.407
				  of this subchapter (relating to Existing Off-Premise Signs);
(3) a sign that has as its purpose the
				  protection of life and property;
(4) a directional or other official sign
				  authorized by law, including a sign pertaining to a natural wonder or scenic or
				  historic attraction;
(5) a sign or
				  marker giving information about the location of an underground electric
				  transmission line, telegraph or telephone property or facility, pipeline,
				  public sewer, or waterline;
(6) a
				  sign erected by a governmental entity;
(7) a sign erected solely for and relating to
				  a public election, but only if:
(A) the sign
				  is on private property;
(B) the
				  sign is erected after the 91st day before the election and is removed before
				  the 11th day after the election;
(C) the sign is constructed of lightweight
				  material;
(D) the surface area of
				  the sign is not larger than 50 square feet; and
(E) the sign is not visible from the
				  main-traveled way of an interstate or federal-aid primary highway;
(8) an off-premise directional
				  sign for a small business, as defined by Government Code, §
											2006.001, that is on
				  private property and is no larger than 50 square feet;
(9) a sign that is required by the Railroad
				  Commission of Texas at the principal entrance to or on each oil or gas
				  producing property, well, tank, or measuring facility to identify or to locate
				  the property, that is no larger in size than is necessary to comply with the
				  Railroad Commission's regulations, and that has no advertising or information
				  content other than the name or logo of the company and the necessary
				  directions;
(10) a sign that shows
				  only the name of a ranch on which livestock are raised or a farm on which crops
				  are grown and the directions to, telephone number, or internet address of the
				  ranch or farm and that has a sign face that does not exceed an area of 32
				  square feet;
(11) a sign
				  identifying the name of a recorded subdivision located at an entrance to the
				  subdivision or on property owned by or assigned to the subdivision, home owners
				  association, or other entity associated with the subdivision;
(12) a sign of a nonprofit service club,
				  charitable association, religious organization, chamber of commerce, or
				  nonprofit museum that gives information about the meetings, services, events,
				  or locations of the entity and that does not exceed an area of 32 square
				  feet;
(13) a public service sign
				  that:
(A) is located on a school bus stop
				  seating bench or shelter;
(B)
				  identifies the donor, sponsor, or contributor of the shelter;
(C) contains a public service message that
				  occupies at least 50 percent of the area of the sign;
(D) has no content other than that described
				  by subparagraphs (B) and (C) of this paragraph;
(E) is authorized or approved by the law of
				  the entity that controls the highway involved, including being located at a
				  place approved by the entity;
(F)
				  has a sign face that does not exceed an area of 32 square feet; and
(G) is not facing the same direction as any
				  other sign on that seating bench or shelter; and
(14) a sign that is erected and maintained by
				  a public school, or a college or university, or a non-profit agricultural fair,
				  but only if the information presented on the sign is limited to information
				  about the meetings, services, events, or on premise activities of the entity,
				  and the total area of the sign's face facing a particular direction of travel
				  does not exceed 200 square feet; and
(15) a sign that:
(A) is located on the sign owner's real
				  property;
(B) does not result in
				  any monetary benefit for the owner or material benefit to a third-party;
(C) does not relate to a public
				  election; and
(D) has only a single
				  face that does not exceed 96 square feet.