reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter H - CONTROL AND SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS › Section 21.133 - Screening Junkyards and Automobile Graveyards

Current through Reg. 49, No. 28; July 12, 2024
Junkyards and automobile graveyards which are required to
					 be screened by the owner under the provisions of the Highway Beautification Act
					 shall be screened as hereinafter provided.
(1) Before any screening is commenced, the
				  plans and specifications therefor shall first be submitted by the owner of the
				  junkyard to, and approved by, the district engineer of the department who
				  serves the county in which such screening is to be placed.
(2) Such screening shall be located outside
				  the highway right-of-way in such manner as not to interfere in any way with
				  traffic along any highway or roadway.
(3) Such screening may be accomplished by
				  means of earthen berms, plantings, fences, walls, or other durable materials
				  provided they are effective in blocking the view of such junkyard or automobile
				  graveyard from the motoring public traveling in a standard size automobile
				  along the main traveled way of the controlled highway. The height and density
				  of such screening shall be such as to effectively block such view at all
				  times.
(4) Such screening shall be
				  so designed and landscaped as to cause the junkyard or automobile graveyard
				  area to be inconspicuous and pleasing to the motoring public in accordance with
				  the purposes of the Highway Beautification Act.
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 21.141 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter is established to regulate the orderly
						and effective display of commercial signs along a regulated highway within the
						State of Texas.
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 21.142 - 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) Commercial
					 sign--A sign that is:
(A) at any time intended
					 to be leased, or for which payment of any type is intended to be or is
					 received, for the display of any good, service, brand, slogan, message,
					 product, or company, except that the term does not include a sign that is
					 leased to a business entity and located on the same property on which the
					 business is located; or
(B) located
					 on property owned or leased for the primary economic purpose of displaying a
					 sign.
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 21.143 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
Except as provided by this chapter, unless a person holds
						a permit issued under §
											21.164 of
						this subchapter (relating to Decision on Application) or §
											21.200
						of this subchapter (relating to Local Control of Commercial Signs), the person
						may not erect or maintain a commercial sign that is:
(1) within 660 feet of the nearest edge of
					 the right of way of a regulated highway if any part of the sign's information
					 content is visible from any place on the main-traveled way of the highway;
					 or
(2) outside of the jurisdiction
					 of an incorporated city and more than 660 feet from the nearest edge of the
					 right of way of a regulated highway if any part of the commercial sign is
					 visible from the main-traveled way of the highway and the sign was erected for
					 the purpose of having its information content seen from the main-traveled way
					 of the highway.
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 21.144 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided by this subchapter, a person may not obtain a permit for a commercial
					 sign under this subchapter unless the person holds a currently valid license
					 issued under §
											21.153 of this
					 subchapter (relating to License Issuance) or under §
											21.450 of this
					 chapter (relating to License Issuance) applicable to the county in which the
					 sign is to be erected or maintained.
(b) A license is valid for one year from the
					 date of issuance or most recent renewal.
(c) Each license holder shall notify the
					 department not later than the 30th day after the date of a change in the
					 mailing address, telephone number, or email address of the 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 21.145 - Prohibited Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign may not
					 be erected or maintained on the real property of another without the property
					 owner's permission.
(b) A sign may
					 not be erected or maintained within the right of way of a public roadway, as
					 prohibited by Transportation Code, §
											393.002,
					 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.
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 21.150 - Continuance of Nonconforming Commercial 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 was lawfully erected and has been maintained in accordance
					 with the permit being renewed.
(b)
					 A sign that was legally erected before March 3, 1986 in a railroad, utility, or
					 road right of way that is not owned by the state or a political subdivision may
					 be maintained as a nonconforming sign if all other requirements of this
					 subchapter are met.
(c) A
					 nonconforming sign may not be:
(1) removed and
					 re-erected for any reason, other than a request by a condemning authority;
					 or
(2) substantially changed, as
					 described by §
												21.191 of
					 this subchapter (relating to Repair and Maintenance of Commercial
					 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 21.152 - License Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To apply for a
					 license under this subchapter, a person must file an application in a form
					 prescribed by the department. The application must include at a minimum:
(1) the complete legal name, mailing address,
					 email address, and telephone number of the applicant; and
(2) designation of each county in which the
					 applicant's signs are to be erected or maintained.
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 21.153 - License Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 will issue a license if the requirements of §
											21.152 of
					 this subchapter (relating to License Application) are satisfied.
(b) The department will not issue a license
					 to an entity that is not authorized to conduct business in this
					 state.
(c) To amend a license, the
					 license holder must file an amended application in a form prescribed by the
					 department and accompanied by a valid rider to the surety bond.
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 21.154 - License Not Transferable

Current through Reg. 49, No. 28; July 12, 2024
A license issued under this subchapter is not
						transferable.
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 21.155 - License Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) To continue a
					 license in effect, the license must be renewed annually in accordance with
					 subsection (b) of this section.
(b)
					 To renew a license, the license holder must submit an application in a form
					 prescribed by the department accompanied by each applicable license fee
					 prescribed by §
											21.156 of
					 this subchapter (relating to License Fees). The application must be received by
					 the department before the 16th day of the month in which the license expires.
					 The renewal must include at a minimum proof of current surety bond
					 coverage.
(c) An expired license
					 may be reinstated if a renewal application, accompanied by proof of current
					 surety bond and a $100 late processing fee, is received by the department not
					 later than the 45th day after the expiration date of the license. A license
					 reinstated under this subsection will have the same renewal date as if the
					 renewal had been filed timely.
(d)
					 A license is not eligible for renewal if the license holder is not authorized
					 to conduct business in this state.
(e) If a paper renewal application is filed,
					 it must be complete and the documentation and the fee required under this
					 section must be sent to: Texas Department of Transportation, Highway
					 Beautification Section, P.O. Box 13043, Austin, Texas 78711-3043.
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 21.156 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of
					 the fee for the issuance of a license issued under this subchapter is
					 $125.
(b) The amount of the annual
					 renewal fee is $75.
(c) In addition
					 to the $75 annual renewal fee, an additional late fee of $100 is required for a
					 renewal license application that is received before the 45th day after the
					 expiration date of the license.
(d)
					 A license fee is payable by credit card, check, cashier's check, or money order
					 made payable to the Texas Highway Beautification Fund, and must be submitted
					 with the application. If payment is dishonored upon presentment, the license is
					 voidable.
(e) The department will
					 provide a renewal notification by mail or electronically to the license holder
					 at least 45 days before the date of the license expiration and if the license
					 is not renewed before it expires, the department will provide notification to
					 the license holder of the opportunity to file a late renewal
					 application.
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 21.157 - Temporary Suspension of License

Current through Reg. 49, No. 28; July 12, 2024
If the department is notified by a surety company that a
						bond is being canceled, the department will notify the license holder by
						certified mail that a new bond must be obtained and filed with the department
						before the bond cancellation date or the 30th day after the day of the receipt
						of the notice, whichever is later.
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 21.158 - License Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 will revoke a license and will not issue or renew permits or transfer existing
					 permits under the license if:
(1) the surety
					 bond is not provided within the time specified by the department under §
												21.152 of
					 this subchapter (relating to License Application) or §
												21.155 of this
					 subchapter (relating to License Renewals);
(2) surety bond coverage is terminated under
					 §
												21.157
					 of this subchapter (relating to Temporary Suspension of License);
(3) the total number of final enforcement
					 actions initiated by the department against the license holder under §
												21.176 of
					 this subchapter (relating to Cancelation of Permit), §
												21.198 of this
					 subchapter (relating to Order of Removal); §
												21.204
					 of this subchapter (relating to Administrative Penalties for Commercial Signs),
					 §21.425 of chapter (relating to Cancelation of Permit), §21.426 of
					 chapter (relating to Administrative Penalties), or §21.440 of chapter
					 (relating to Order of Removal); or Transportation Code, Chapters 391 or 394,
					 that result in the cancellation of the license holder's sign permit, payment of
					 an amended penalty by the license holder, or the removal of the license
					 holder's sign equal or exceed:
(A) 10 percent
					 of the number of valid permits held by the license holder if the license holder
					 holds more than 1,000 sign permits;
(B) 20 percent of the number of valid permits
					 held by the license holder if the license holder holds at least 500 but fewer
					 than 1,000 sign permits;
(C) 25
					 percent of the number of valid permits held by the license holder if the
					 license holder holds at least 100 but fewer than 500 sign permits; or
(D) 30 percent of the number of valid permits
					 held by the license holder if the license holder holds fewer than 100 sign
					 permits; or
(4) the
					 license holder has not complied with previous final administrative enforcement
					 actions regarding the license or any permit held under the license.
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 21.159 - Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a
					 permit for a commercial sign, a license holder must file an application in a
					 form prescribed by the department. The application must include, at a minimum:
(1) the complete name and address of the
					 license holder;
(2) the complete
					 name and address of the authorized agent of the license holder if an agent is
					 used;
(3) the proposed location and
					 description of the sign;
(4) the
					 complete legal name and telephone number of the owner of the designated
					 site;
(5) the appraisal district
					 property tax identification number of the designated site;
(6) city's current zoning of the sign's
					 location; and
(7) 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 I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.160 - Applicant's Identification of a New Commercial Sign's Proposed Site

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a new permit must
					 identify the proposed site of the sign on the parcel number indicated in the
					 application by setting a stake or marking the concrete at the proposed location
					 of the center pole of the sign structure.
(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 mark on the concrete 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 I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.161 - Site Owner's Consent; Withdrawal

Current through Reg. 49, No. 28; July 12, 2024
A site owner's consent to the erection and maintenance of
						a commercial sign and access to the site by the department or its agent is
						provided with the filing of a permit application under §
											21.159 of this
						subchapter (relating to Permit Application). The consent operates for the life
						of the lease.
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 21.162 - Permit Application for Certain Preexisting Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) If a sign was in place before the time
					 that the land on which the sign is located first became subject to
					 Transportation Code, Chapter 391, the owner of the sign must apply for a permit
					 for the sign within 60 days after the date on which the department sends notice
					 by certified mail to the owner that a permit for the sign is required. Failure
					 to obtain a permit as required by the department will result in an order of
					 removal under §
											21.198 of this
					 subchapter (relating to Order of Removal).
(b) The department may issue a permit with a
					 non-conforming status if the sign was lawfully erected before the roadway
					 became subject to regulation and the conditions of the sign or location do not
					 meet current requirements.
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 21.163 - 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
					 completed applications.
(b) If a
					 paper application is rejected because it is not complete, lacks documentation,
					 or has incorrect information, the application loses its priority position. The
					 department will notify the applicant of 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 §
												21.170
					 of this subchapter (relating to Appeal Process for Permit Denials);
					 or
(2) if an appeal is not filed
					 within the period provided by §
												21.170
					 of this subchapter, on the 46th day after the date the denial notice was
					 received under §
												21.164 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 I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.164 - 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 after 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 and provide the
					 reason for the delay and provide an estimate for when the decision will be
					 made.
(b) If the permit application
					 is approved, the department will issue a permit for the sign.
(c) If the permit application is not
					 approved, the department will send to the applicant a notice that states the
					 reason for the denial.
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 21.166 - Commercial Sign Location Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 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 391, applies and is in:
(1) an unzoned commercial, governmental, or
					 industrial area; or
(2) a zoned
					 commercial or industrial area.
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 21.167 - 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 commercial sign unless it can be erected and maintained from private
					 property.
(b) If the department
					 finds sufficient evidence that the license holder 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 I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS › Division 1 - SIGNS › Section 21.168 - Conversion of Certain Authorization to Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will convert a commercial
					 sign registration issued under §
											21.409 of this
					 chapter (relating to Permit Application) or a permit issued under §
											21.407
					 of this chapter (relating to Existing Off-Premise Signs) to a commercial sign
					 permit under this subchapter if a highway previously regulated under
					 Transportation Code, Chapter 394 becomes subject to Transportation Code,
					 Chapter 391.
(b) A holder of a
					 permit or registration converted under this section is not required to pay an
					 original permit fee under §
											21.175 of
					 this subchapter (relating to Permit Fees). The permit must be renewed under
					 §
											21.172
					 of this subchapter (relating to Permit Renewals), on the date the renewal of
					 the permit or registration issued under §
											21.407
					 or §
											21.409 of this
					 chapter, as appropriate, would have been due.
(c) If a commercial sign owner has prepaid
					 registration fees under §
											21.407
					 of this chapter, the outstanding balance will be credited to the sign owner's
					 annual renewal fee.
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 21.169 - Notice of Commercial Sign Becoming Subject to Regulation

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will send notice by
					 certified mail to the owner of a commercial sign that becomes subject to
					 Transportation Code, Chapter 391. If the owner of the sign cannot be identified
					 from the information on file with the department, the department will give
					 notice to the landowner of record.
(b) If the owner of a commercial sign
					 described by subsection (a) of this section does not hold a license issued
					 under §
											21.153 of this
					 subchapter (relating to License Issuance) or §
											21.450 of this
					 chapter (relating to License Issuance), the owner must obtain the license
					 within 60 days after the day that the department sends notice under subsection
					 (a) of this section.
(c) The sign
					 owner must apply for a permit in accordance with §
											21.159 of this
					 subchapter (relating to Permit Application) within 60 days after the later of
					 the date of receipt of the notice under subsection (a) of this section or the
					 date of the issuance of the license in accordance with subsection (b) of this
					 section.
(d) If the sign owner
					 fails to obtain a permit as required by the department or if the sign owner
					 cannot be determined or located, the landowner will be required to remove the
					 sign structure in accordance with §
											21.198 of this
					 subchapter (relating to Order of Removal).
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 21.170 - Appeal Process for Permit Denials

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 If a commercial sign permit is denied, the applicant may file a request for an
					 appeal with the executive director through the Right of Way Division.
(b) The request for appeal must be written
					 and sent:
(1) electronically at
					 ROW_outdooradvertising@txdot.gov; or
(2) by mail to: P.O. Box 5075, Austin, Texas
					 78704-5075, attention "Highway Beautification Section."
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 21.171 - 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 under which the permit was
					 issued expires or is revoked by the department under §
											21.158 of this
					 subchapter (relating to License Revocation).
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 21.172 - Permit Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) To be continued
					 in effect, a sign permit must be renewed annually on or before its expiration
					 date.
(b) A permit is eligible for
					 renewal if the sign for which it was issued continues to meet all applicable
					 requirements of this division and Transportation Code, Chapter 391.
(c) To renew the permit, the permit holder
					 must file with the department a renewal application in a form prescribed by the
					 department accompanied by the applicable fees prescribed by §
											21.175 of
					 this subchapter (relating to Permit Fees). The application with all applicable
					 fees must be received by the department before the 46th day after the date of
					 the permit's expiration.
(d) The
					 department will provide a renewal notification to the license holder of record
					 at least 30 days before the date of the permit expiration. If the permit is not
					 renewed on or before its expiration date, the department will provide
					 notification to the license holder of the opportunity to file a late renewal
					 with all applicable fees.
(e) The
					 department will inspect the sign site and the sign structure on or after the
					 first anniversary of the date of the permit's issuance for compliance with
					 applicable law, including regulations. A permit will be renewed only if the
					 sign structure has been erected. The department will confirm private access to
					 the sign site and will conform the renewed permit to the actual configuration
					 and location of the sign as built in accordance with all applicable
					 rules.
(f) The documentation and
					 fees 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 a process
					 established by the department.
(g)
					 By filing a renewal application, the sign owner is asserting to the department
					 that the sign meets all applicable requirements of this subchapter. Renewal of
					 a permit does not indicate that the department has determined that the sign is
					 in compliance with applicable regulations.
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 21.173 - Transfer of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign permit
					 may be transferred only with the written approval of the department.
(b) At the time of the transfer, both the
					 transferor and the transferee must hold a valid license issued under §
											21.153 of this
					 subchapter (relating to License Issuance) or §
											21.450 of this
					 chapter (relating to License Issuance), except as provided in subsections (e) -
					 (g) of this section.
(c) The permit
					 holder must send to the department a request to transfer a sign permit in a
					 form prescribed by the department accompanied by the applicable fees prescribed
					 by §
											21.175 of
					 this subchapter (relating to Permit Fees). The request may be submitted online
					 or in writing.
(d) If the request
					 is submitted in writing and is approved, the department will send to the
					 transferor and to the transferee a copy of the approved permit transfer
					 form.
(e) If the request is
					 submitted electronically, the department will send the request to the
					 transferor for affirmation, If affirmed by transferor, the department will
					 notify the transferee to submit applicable fees required under subsection (c)
					 of this section. After the fee is received, the department will confirm the
					 completed permit transfer to the transferor and transferee
					 electronically.
(f) The department
					 may approve the transfer of one or more commercial sign permits from a
					 transferor to a person who holds a license, with or without the signature of
					 the transferor, if the person provides to the department:
(1) legal documents showing the sign has been
					 sold;
(2) documents that indicate
					 that the transferor is dead or cannot be located; or
(3) a court order demonstrating the new
					 ownership of the sign 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 21.175 - Permit Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The amounts of
					 the fees related to permits under this subchapter are:
(1) $100 for an original or amended permit
					 for a sign;
(2) $100 for an
					 original permit for a sign that was lawfully in existence when the sign became
					 subject to Transportation Code, Chapter 391;
(3) $75 for the renewal of a permit;
					 and
(4) $25 for the transfer of a
					 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 21.176 - Cancellation of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 will cancel a permit for a commercial sign if the sign:
(1) is removed, unless the sign is removed
					 and re-erected at the request of a condemning authority;
(2) is not maintained in accordance with this
					 subchapter or Transportation Code, Chapter 391;
(3) is damaged beyond repair, as determined
					 under §
												21.197
					 of this subchapter (relating to Discontinuance of Nonconforming Commercial Sign
					 Due to Destruction);
(4) is
					 abandoned, as determined under §
												21.181 of
					 this subchapter (relating to Abandonment of Sign);
(5) has substantial changes made to a
					 non-conforming sign in violation of this subchapter or Transportation Code,
					 Chapter 391;
(6) is built by an
					 applicant who uses false information on a material issue of the permit
					 application;
(7) is erected,
					 repaired, or maintained in violation of §
												21.199
					 of this subchapter (relating to Destruction of Vegetation and Access from Right
					 of Way Prohibited);
(8) has been
					 made more visible by the permit holder clearing vegetation from the highway
					 right of way in violation of §
												21.199
					 of this subchapter;
(9) is located
					 in an unzoned commercial or industrial area and the department has evidence
					 that an activity supporting the unzoned commercial or industrial area was
					 created primarily or exclusively to qualify the area as an unzoned commercial
					 or industrial area; or
(10) is
					 accessed, erected, repaired, or maintained 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 21.177 - Commercial or Industrial Area

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, a commercial or
						industrial area is:
(1) a zoned
					 commercial or industrial area described by §
											21.178
					 of this subchapter (relating to Zoned Commercial or Industrial Area);
					 or
(2) an unzoned commercial or
					 industrial area described by §
											21.179
					 of this subchapter (relating to Unzoned Commercial or Industrial
					 Area).
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 21.178 - Zoned Commercial or Industrial Area

Current through Reg. 49, No. 28; July 12, 2024
A zoned commercial or industrial area is an area that is
						designated, through a comprehensive zoning action, for general commercial or
						industrial use by a political subdivision with legal authority to zone
						regardless of the specific label used by the zoning authority. An area is not
						considered a zoned commercial or industrial area for regulatory purposes if
						it:
(1) is a small parcel or narrow
					 strip of land that cannot be put to ordinary commercial or industrial use, as
					 described in §21.180;
(2) is
					 designated for a use classification that is not commercial or industrial in
					 nature; or
(3) has no actual
					 development of the property for commercial or industrial activity, as described
					 in §21.180, other than specifically sign-related infrastructure.
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 21.179 - Unzoned Commercial or Industrial Area

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An unzoned commercial or industrial area is an area that:
(1) is within 800 feet, measured from the
					 nearest point along the edge of the highway right of way perpendicular to the
					 centerline of the main-traveled way, of and on the same side of the highway as
					 the principal part of at least two adjacent recognized governmental,
					 commercial, or industrial activities that meet the requirements of subsection
					 (c) of this section;
(2) is not
					 predominantly used for residential purposes; and
(3) has not been zoned under authority of
					 law.
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 21.180 - 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 permanently 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;
					 and
(D) has at least 400 square
					 feet of its interior floor space devoted to the activity.
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 21.181 - Abandonment of Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 may consider a sign abandoned and cancel the sign's permit if:
(1) all sign faces are blank or without
					 legible content;
(2) the sign
					 structure needs more than customary maintenance to be repaired; or
(3) the sign structure is overgrown by trees
					 or other vegetation.
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 21.182 - Commercial Sign Face Size and Positioning

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign face may not exceed:
(1) 672 square feet in area;
(2) 25 feet in height; and
(3) 60 feet in length.
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 21.183 - Signs Prohibited at Certain Locations

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign may not be located in a place that
					 creates a safety hazard, including a location that:
(1) causes a driver to be unduly
					 distracted;
(2) obscures or
					 interferes with the effectiveness of an official traffic sign, signal, or
					 device; or
(3) obscures or
					 interferes with the driver's view of approaching, merging, or intersecting
					 traffic.
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 21.184 - Location of Commercial Signs Near Public Spaces

Current through Reg. 49, No. 28; July 12, 2024
(a) The center of a sign may not be located
					 within 250 feet of the nearest point of the boundary of a public
					 space.
(b) This subsection applies
					 only if a public space boundary abuts the right of way of a regulated highway.
					 A sign may not be located within 1,500 feet of the boundary of the public
					 space, as measured along the right of way line from the nearest common point of
					 the space's boundary and the right of way. This limitation applies:
(1) on both sides of a highway that is on a
					 nonfreeway primary system; or
(2)
					 on the side of a highway on which the public space is located, if the 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 21.185 - Location of Commercial Signs Near Certain Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign may not be erected along a freeway
					 or interstate regulated highway that is outside an incorporated municipality in
					 an area that is adjacent to or within 1,000 feet of:
(1) an interchange or intersection at grade;
					 or
(2) a rest area, ramp, or the
					 highway's acceleration and deceleration lanes.
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 21.186 - Location of Commercial Signs Near State Right of Way

Current through Reg. 49, No. 28; July 12, 2024
A sign may not be erected so that the part of the sign
						face nearest a highway is within five feet of the highway's right of way
						line.
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 21.187 - Spacing of Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Permitted signs on the same side of a regulated freeway, including freeway
					 frontage roads, may not be erected closer than 1,500 feet apart.
(b) For a highway on a non-freeway primary
					 system and outside the incorporated boundaries of a municipality, permitted
					 signs on the same side of the highway may not be erected closer than 750 feet
					 apart.
(c) For a highway on a
					 non-freeway primary system highway and within the incorporated boundaries of a
					 municipality, permitted signs on the same side of the highway may not be
					 erected closer than 300 feet apart.
(d) A permitted sign that is located within
					 the incorporated boundaries of a certified city on a highway on a freeway
					 primary system may not be closer than:
(1)
					 1,500 feet to another sign that is on the same side of the highway and outside
					 the incorporated boundaries of a municipality; or
(2) 500 feet to another sign that is on the
					 same side of the highway and inside the incorporated boundaries of a
					 municipality.
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 21.188 - Wind Load Pressure

Current through Reg. 49, No. 28; July 12, 2024
An application for new commercial sign permit or a permit
						renewal must include a certification by the applicant that the proposed or
						existing sign will withstand wind load pressures in pounds per square foot as
						set out in the following table.
Attached
						Graphic
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 21.189 - Commercial Sign Height Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as provided by this subsection and subsections (f) and (g) of this
					 section, a commercial sign may not be erected that exceeds an overall height of
					 42-1/2 feet. If the legislature does not establish a maximum overall height of
					 commercial signs before September 3, 2019, effective September 3, 2019, a
					 commercial sign may not be erected that exceeds an overall height of 85
					 feet.
(b) A roof sign that has a
					 solid sign face surface may not at any point exceed 24 feet above the roof
					 level.
(c) A roof sign that has an
					 open sign face in which the uniform open area between individual letter or
					 shapes is not less than 40 percent of the total gross area of the sign face may
					 not at any point exceed 40 feet above the roof level.
(d) The lowest point of a projecting roof
					 sign or a wall sign must be at least 14 feet above grade.
(e) For the purposes of this section, height
					 is measured from the department's determination of grade level of the
					 centerline of the main-traveled way closest to the sign face, at a point
					 perpendicular to the sign location. A frontage road of a controlled access
					 highway or freeway is not considered the main-traveled way for purposes of this
					 subsection. In the event that the main-traveled way that is perpendicular to
					 the sign structure is below grade, sign height will be measured from the base
					 of the sign structure.
(f) The
					 height measurement does not include any renewable energy device such as solar
					 panels or wind turbines that are attached to the sign structure above the sign
					 face to improve the energy efficiency of the sign structure.
(g) In accordance with Transportation Code,
					 Section
					 391.038, a sign that
					 existed on March 1, 2017, and that satisfies the requirements of Section
					 391.038, may be rebuilt, without obtaining a new or amended permit from the
					 department, at the location where the sign existed on March 1, 2017, and at a
					 height that does not exceed the height of the sign on that date. A sign
					 structure described by this subsection must otherwise comply with this
					 subchapter.
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 21.190 - Lighting of and Movement on Commercial Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) Other than a sign permitted as an
					 electronic sign, a sign may not contain or be illuminated by flashing,
					 intermittent, or moving lights, including any type of screen using animated or
					 scrolling displays.
(b) A
					 conforming sign may be illuminated but only by:
(1) upward lighting of no more than 4
					 luminaires per direction of the sign face or faces of the structure;
					 or
(2) downward lighting of no more
					 than 4 luminaires per direction of the sign face or faces of the
					 structure.