reglab/statecodes huggingface dataset:
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 21.421 - Permit Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) To continue in
				  effect, a permit must be renewed annually.
(b) A permit is eligible for renewal if the
				  sign for which it was issued continues to meet all applicable requirements of
				  this subchapter and Transportation Code, Chapter 394.
(c) To renew the permit, the permit holder
				  must file with the department a written application in a form prescribed by the
				  department accompanied by the applicable fees prescribed by §
										21.424 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 expiration.
(d) A permit
				  may not be renewed if the sign for which it was issued is not erected to the
				  extent that it includes a sign face before the first anniversary of the date
				  the permit was issued.
(e) The
				  department will provide a renewal notification to the licensee at least 30 days
				  before the date of the permit expiration. If the permit is not renewed before
				  it expires, not later than 30 days after the date of expiration the department
				  will provide notification to the license holder of the opportunity to file a
				  late renewal with all applicable fees.
(f) The department will inspect the sign site
				  and the sign structure on or after the first anniversary of the date of
				  permit's issuance.
(g) If on the
				  date of the inspection under subsection (f) of this section the sign structure
				  is not built to the full extent approved by the permit with respect to
				  dimensions, lighting, height, or number of faces, the department will adjust
				  the permit to reflect the dimensions, lighting, height, and number of faces of
				  the sign structure as they exist on that date. The permit will be eligible for
				  renewal only for the dimensions, lighting, height, and number of faces as
				  adjusted by the department.
(h) The
				  documentation and the fee required under this section must be sent to: Texas
				  Department of Transportation, Outdoor Advertising, 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.422 - 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) The permit holder must send to the
				  department a written request to transfer a sign permit in a form prescribed by
				  the department accompanied by the applicable fees prescribed by §
										21.424 of
				  this subchapter (relating to Permit Fees).
(c) At the time of the transfer, both the
				  transferor and the transferee must hold a valid license issued under §
										21.153 of this
				  chapter (relating to License Issuance) or §
										21.450 of this
				  subchapter (relating to License Issuance), except as provided by subsections
				  (f) - (h) of this section.
(d) The
				  documentation and fee required under this section must be sent to: Texas
				  Department of Transportation, Outdoor Advertising, P.O. Box 13043, Austin,
				  Texas 78711-3043.
(e) If the
				  request is approved, the department will send to the transferor and to the
				  transferee a copy of the approved permit transfer form.
(f) A permit issued to a nonprofit
				  organization under §
										21.457 of
				  this subchapter (relating to Nonprofit Sign Permit) may be transferred to
				  another nonprofit organization that does not hold a license issued under §
										21.153 of this
				  chapter or §
										21.450 of this
				  subchapter, if the sign will be maintained as a nonprofit sign.
(g) A permit issued to a nonprofit
				  organization under §
										21.457 of
				  this subchapter may be converted to a regular permit and transferred to a
				  person that is not a nonprofit organization if the transferee holds a license
				  for the county in which the sign is located at the time of the transfer and the
				  sign meets all of the requirements of this subchapter.
(h) The department may approve the transfer
				  of one or more 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.424 - 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) $75 for the renewal
				  of a permit;
(3) $25 for the
				  transfer of a permit; and
(4) $25
				  for a replacement sign permit plate.
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 21.425 - Cancellation of Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will cancel a permit for a 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 394;
(3) is damaged beyond repair, as determined
				  under §
											21.439
				  of this subchapter (relating to Discontinuance of Sign Due to
				  Destruction);
(4) is abandoned, as
				  determined under §
											21.427 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 394;
(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 §
											21.441
				  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 §
											21.441
				  of this subchapter;
(9) is 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, and that no activity has been conducted at the site within one
				  year; or
(10) site cannot be
				  accessed from private property.
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 21.426 - Administrative Penalties

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 394 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, §
										394.081 and will
				  based on the following:
(1) $150 for a
				  violation of a permit plate requirement under §
											21.414 of this
				  subchapter (relating to Sign Permit Plate);
(2) $250 for a violation of:
(A) a registration requirement of §
												21.407
				  of this subchapter (relating to Existing Off-Premise Signs); or
(B) erecting the sign at the location other
				  than the location specified on the application, except that if the actual sign
				  location does not conform to all other requirements the department will seek
				  cancellation of the permit;
(3) $500 for:
(A) maintaining or repairing the sign from
				  the state right of way; or
(B)
				  performing customary maintenance on any sign or substantial maintenance on a
				  conforming sign without first obtaining an amended permit; or
(4) $1000 for erecting 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.427 - 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) the sign face is blank or without legible
				  advertising or copy for a period of 365 consecutive days or longer;
				  or
(2) the sign needs to be
				  repaired or 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.428 - Sign Face Size and Positioning

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  off-premise 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.429 - Spacing of Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A permitted
				  off-premise sign having a sign face area of at least 301 square feet may not be
				  located within 1,500 feet of another permitted off-premise sign on the same
				  side of the roadway.
(b) A
				  permitted off-premise sign having a sign face area of at least 100 but less
				  than 301 square feet may not be located within 500 feet of another permitted
				  off-premise sign having a sign face within that range or within 1500 feet of a
				  permitted off-premise sign that has a sign face of at least 301 square feet and
				  is on the same side of the roadway.
(c) A permitted off-premise sign having a
				  face area of less than 100 square feet may not be located within 150 feet of
				  another permitted off-premise sign having a sign face of less than 100 square
				  feet, within 500 feet of a permitted sign with a face area of at least 100 but
				  less than 301 square feet, or within 1,500 feet of a permitted off-premise sign
				  with a face area of at least 301 square feet that is on the same side of the
				  roadway.
(d) Two signs located at
				  the same intersection do not violate this section if they:
(1) are located so that their messages are
				  not directed toward traffic flowing in the same direction; and
(2) are not visible from the main-traveled
				  way of an interstate or federal-aid primary highway.
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 21.430 - Multiple Faced Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) For spacing
				  purposes, multiple faced off-premise signs under common ownership, whether
				  double-faced, back-to-back, or of V-type construction, are considered to be one
				  sign and the combined face area of the signs will be used to determine spacing
				  requirements provided the sign faces are:
(1)
				  physically contiguous;
(2)
				  connected by the same structure or by cross-bracing; or
(3) located not more than 15 feet apart at
				  their nearest point.
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 21.431 - Wind Load Pressure

Current through Reg. 49, No. 28; July 12, 2024
An application for new sign permit or a permit renewal must
					 include a certification signed 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.432 - Height Restrictions

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (f) of this section a sign may not be erected that
				  exceeds an overall height of 42-1/2 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 grade level of the centerline of the main-traveled way
				  closest to the sign, at a point perpendicular to the sign location.
(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.
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 21.433 - Lighting of and Movement on Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign
				  may not contain or be illuminated by any flashing, intermittent, or moving
				  lights, including any type of screen using animated or scrolling displays,
				  except that this subsection does not apply to a sign that only provides public
				  service information, such as time, date, temperature, or weather, or similar
				  information.
(b) Except for a
				  relocated sign, any new sign may be illuminated but only by:
(1) upward lighting of no more than four
				  luminaires per direction of the sign face or faces of the structure;
				  or
(2) downward lighting of no more
				  than four luminaires per direction of the sign face or faces of the
				  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 21.434 - Repair and Maintenance

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 face structure but only if materials similar to those of the sign
				  face 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.435 - Permit for Relocation of Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A sign
				  may be relocated in accordance with this section, §
										21.436
				  of this subchapter (relating to Location of Relocated Sign), and §
										21.437
				  of this subchapter (relating to Construction and Appearance of Relocated Sign)
				  if the sign is legally erected and maintained and will be within the highway
				  right of way as a result of a 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 Transportation Code, Title
				  6, Subtitle H, "Highway Beautification."
(b) To relocate a sign under this section,
				  the permit holder must obtain a new permit under §
										21.409 of this
				  subchapter (relating to Permit Application), but the permit fee is
				  waived.
(c) To receive a new permit
				  to relocate a sign, 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) If the permit holder of a sign that must
				  be relocated due to a highway construction project desires to amend the sign
				  structure by following the §
										21.423
				  of this subchapter (relating to Amended Permit), they must apply and receive
				  the approved relocation permit from the department before filing for an amended
				  permit.
(e) 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 an 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.436 - Location of Relocated Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive a
				  new permit for relocation, an existing sign must be relocated on a part of the
				  same parcel of land on which the sign was situated before relocation in a
				  location that is allowed under this section.
(b) If the sign owner can demonstrate that
				  the location under subsection (a) of this section is not physically or
				  economically feasible for a sign structure, the sign owner, on approval by the
				  department, may relocate the sign to any other location that is allowed under
				  this section. The owner is not entitled to additional relocation benefits under
				  §
										21.438 of
				  this subchapter (relating to Relocation Benefits) if the sign structure is
				  relocated further than 50 miles from the location of the existing
				  sign.
(c) The location of the
				  relocated sign must be within the required distance of a commercial or
				  industrial activity as described by §
										21.416
				  of this subchapter (relating to Commercial or Industrial Activity).
(d) A sign may not be relocated to a place
				  where it:
(1) is likely to cause a driver to
				  be unduly distracted in any way;
(2) will obscure or otherwise interfere with
				  the effectiveness of an official traffic sign, signal, or device; or
(3) will obstruct or interfere with the
				  driver's view of approaching, merging, or intersecting motor vehicle or rail
				  traffic.
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 21.437 - Construction and Appearance of Relocated Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A relocated sign must be constructed with
				  the same number of poles and of the same type of materials as the existing
				  sign. A relocated sign may not exceed the maximum height provided by §
										21.432 of
				  this subchapter (relating to Height Restrictions). The number of sign faces and
				  lighting, if any, of the relocated sign may not exceed the number of faces or
				  lighting of the existing sign.
(b)
				  The size of each of the sign faces of a relocated sign that are visible to
				  approaching traffic may not exceed the size of the existing sign
				  face.
(c) The sign faces of a
				  relocated sign may be placed back-to-back, side-by-side, stacked, or in "V"
				  type construction with not more than two displays facing any direction, except
				  that if the area of a sign face exceeds 350 square feet, sign faces may not be
				  stacked or placed side-by-side. The sign structure and sign faces are
				  considered one sign.
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 21.438 - Relocation Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Relocation
				  benefits will be paid in accordance with Subchapter G of this chapter (relating
				  to Relocation Assistance and Benefits) for the relocation of a sign under
				  §
										21.435
				  of this subchapter (relating to Permit for Relocation of Sign).
(b) The owner of an existing sign that is
				  being relocated must enter into a written agreement with the governmental
				  entity that is acquiring the right-of-way in which the sign is located. In the
				  agreement the owner, in consideration of the payment by the governmental entity
				  of relocation benefits, waives and releases any claim for damages against the
				  governmental entity and the state for any temporary or permanent taking of the
				  sign.
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 21.440 - Order of Removal

Current through Reg. 49, No. 28; July 12, 2024
(a) If a sign
				  permit expires without renewal or is canceled or if the sign is erected or
				  maintained in violation of this subchapter, the owner of the sign, on a written
				  demand by the department, shall remove the sign at no cost to the
				  state.
(b) If the owner does not
				  remove the sign within 30 days of the day that the demand for removal is sent,
				  the department will remove the sign and will charge the sign owner 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.441 - 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) 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.442 - On-Premise Signs

Current through Reg. 49, No. 28; July 12, 2024
(a) A business may
				  not maintain more than five on-premise signs on a frontage of a single rural
				  road at a single business location.
(b) A permit under §
										21.404
				  of this subchapter (relating to Permit Required) is not required to erect an
				  on-premise sign.
(c) An on-premise
				  sign is a sign that:
(1) is located on the
				  real property of a business and consists only of:
(A) the name, logo, trademark, telephone
				  number, and internet address of that business; or
(B) an identification of that business's
				  principal and accessory products or services offered on the property;
				  or
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 21.444 - 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.445 - Property Right Not Created

Current through Reg. 49, No. 28; July 12, 2024
Issuance of a permit under this subchapter does not create
					 a property right in the permit holder.
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 21.446 - Time Proposed Roadway Becomes Subject to Subchapter

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, a proposed roadway
					 becomes a roadway and a proposed interchange becomes an interchange:
(1) when environmental clearance and the
				  approved alignment have been obtained from the Federal Highway Administration;
				  or
(2) if environmental clearance
				  and approved alignment from the Federal Highway Administration are not required
				  for a proposed roadway, when the alignment is approved by the department or
				  other political subdivision responsible for constructing 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 21.447 - 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
				  outdoor advertising program.
(b)
				  The complaints can be filed via the department's website, www.txdot.gov, or by
				  mail to Texas Department of Transportation, Outdoor Advertising, P.O. Box
				  13043, Austin, Texas 78711-3043.
(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
				  other outdoor advertising 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.448 - 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 sign under
				  this subchapter unless the person holds a currently valid license issued under
				  §
										21.153 of this
				  chapter (relating to License Issuance), or under §
										21.450 of this
				  subchapter (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 after its
				  date of issuance or most recent renewal.
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 21.449 - 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,
				  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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.450 - 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 chapter (relating to License Application), or if the requirements of
				  §
										21.449 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.
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 21.451 - 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.452 - License Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) To continue a
				  license in effect, the license must be renewed.
(b) To renew a license, the license holder
				  must file a written application in a form prescribed by the department
				  accompanied by each applicable license fee prescribed by the subchapter under
				  which the license was issued. The application must be received by the
				  department before the 46th day after the date of the license's expiration and
				  must include at a minimum:
(1) the complete
				  legal name, mailing address, and telephone number of the license
				  holder;
(2) the number of the
				  license being renewed;
(3) proof of
				  current surety bond coverage; and
(4) the signature of the license holder or
				  person signing on behalf of the business entity.
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 21.453 - License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of
				  the fee for the issuance of a license 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 check, cashier's check, or money order made payable to the
				  state highway fund, and must be submitted with the application. If the check or
				  money order is dishonored upon presentment, the license is voidable.
(e) The department will provide a renewal
				  notification 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 within 20 days after the date of expiration 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.454 - 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 K - CONTROL OF SIGNS ALONG RURAL ROADS › Section 21.455 - License Revocation and Non-Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will initiate an enforcement proceeding, as described in this
				  section, to revoke a license holder's license if:
(1) the license holder does not provide the
				  department with the required surety bond within the time specified in §
											21.449 of
				  this subchapter (relating to License Application) or §
											21.452 of this
				  subchapter (relating to License Renewals);
(2) the license holder's surety bond coverage
				  is terminated under §
											21.454
				  of this subchapter (relating to Temporary Suspension of License);
(3) the number of final enforcement actions
				  of this subchapter, Subchapter I of this chapter (relating to Regulation of
				  Signs Along Interstate and Primary Highways), or Transportation Code, Chapters
				  391 and 394, committed by the license holder in the aggregate 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
				  any administrative orders or agreements arising out of and relating to previous
				  enforcement actions initiated against the license holder under this
				  section.
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 21.456 - Exception to License Requirement for Nonprofit Signs

Current through Reg. 49, No. 28; July 12, 2024
A nonprofit organization may erect or maintain a nonprofit
					 sign without obtaining an outdoor advertising license, but the organization
					 must obtain a permit under either §
										21.457 of
					 this subchapter (relating to Nonprofit Sign Permit) before it may erect or
					 maintain such a sign.
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 21.457 - Nonprofit Sign Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A nonprofit
				  service club, charitable association, religious organization, chamber of
				  commerce, economic development council, nonprofit museum, or governmental
				  entity may obtain a permit under this section to erect or maintain a nonprofit
				  sign.
(b) To qualify as a nonprofit
				  sign, the sign must:
(1) advertise or promote:
(A) a political subdivision in whose
				  jurisdiction the sign is located or a political subdivision that is adjacent to
				  such a political subdivision; or
(B) the entity that will hold the permit, but
				  may only give information about the meetings, services, events, or location of
				  the entity or provide a message that relates to promotion of all or a part of
				  the political subdivision but that does not include identification of
				  individual merchants; and
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.600 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Texas Department of Transportation may lease any
					 highway asset not currently needed for highway purposes. This subchapter, which
					 sets forth the leasing requirements and procedures, applies only to leasing and
					 not to other permissive use of highway assets.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.601 - 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) Director--The
				  director of the right of way division of the department or the director's
				  designee not below the level of section director.
(4) 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.
(5) District--One of the 25 geographical
				  district offices of the department.
(6) District engineer--The chief executive
				  officer in charge of a district of the department.
(7) Highway asset--An interest in real
				  property that is held or controlled by the department for a highway or
				  department purpose.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.602 - Highway Asset to Be Leased

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may authorize the lease of a highway asset if it finds that:
(1) the interest to be leased will not be
				  needed for highway purposes during the period of the lease;
(2) the lease is for a purpose that is not
				  inconsistent with the applicable highway use; and
(3) the lease will be economically beneficial
				  to the department.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.603 - Methods of Awarding Leases

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department may, in its sole discretion, award a lease by any method it
				  determines to be in its best interest.
(b) Prior to the date of the lease award,
				  notice of real property available for lease may be published on the TxDOT
				  website. When a lease is awarded on a sealed bid basis, notice of the proposed
				  lease will be advertised at least 20 days prior to the date of the bid opening.
				  The notice will be published once a week for three consecutive weeks prior to
				  bid opening in a newspaper of general circulation in the county in which the
				  highway asset is located.
(c) The
				  department will charge not less than fair market value for leases. However, if
				  the commission finds it to be in the public interest, the commission may waive
				  the fair market value requirement for a lease to a public utility provider or
				  an institution of higher education as defined by Education Code, §
										61.003, or for
				  social, environmental, or economic mitigation purposes.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.606 - Requests to Lease

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  desiring to lease a highway asset shall submit a written request through the
				  department's website. Each request shall include:
(1) the name and address of the person
				  requesting the lease;
(2) a
				  description of the area or interest of the asset to be leased, improvements (if
				  any) proposed to be constructed, the intended use of the proposed leased asset,
				  and a proposed term of lease;
(3)
				  sketches or drawings showing the area to be leased, proposed improvements to be
				  constructed, including utilities to serve the improvements, existing highways
				  or other improvements, all means of proposed access to the area, and
				  preliminary drainage plans;
(4)
				  adequate information to support findings to authorize leasing of the asset;
				  and
(5) the name, address, and
				  telephone number of the individual authorized to furnish any additional
				  information desired by the department regarding a request to lease.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.701 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  implements the Texas Aggregate Quarry and Pit Safety Act, Natural Resources
				  Code, Chapter 133.
(b) This
				  subchapter applies to all active, inactive, or abandoned quarries and pits
				  located in whole or part within the boundaries of Texas.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.703 - Form Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) Forms for the
				  application for a safety certificate, transfer of a safety certificate, safety
				  certificate waiver, and for the notice of cessation of operations are available
				  at the offices of the department or by accessing the Texas Department of
				  Transportation web site at www.txdot.gov and searching on the word
				  "pit".
(b) Forms are also available
				  by writing to the Director, Maintenance Division, Texas Department of
				  Transportation, 125 E.11th Street, Austin, Texas 78701-2483.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.704 - Fees

Current through Reg. 49, No. 28; July 12, 2024
Each application for a safety certificate or transfer of a
					 safety certificate and each notice of cessation of operations shall be
					 accompanied by check or money order made payable to the State of Texas for the
					 application fee. The fee schedule is as follows:
(1) safety certificate application for a
				  non-governmental entity--$500;
(2)
				  safety certificate transfer--$250;
(3) notice of cessation of
				  operations--$500;
(4) governmental
				  entity application for inactive or abandoned pit safety
				  certificate--$350.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.705 - Form and Content of Initial Inventory Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Each report must be on the forms
				  furnished by the department and must show the location, age, operational
				  status, and current use of the quarry or pit to which the report
				  applies.
(b) Only a single report
				  under this subchapter is required when joint owners or operators or a
				  combination of either exists.
(c)
				  Only a single report is required for each owner or operator having multiple pit
				  locations within the state.
(d)
				  Only one accurate report relating to each quarry or pit is required.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.706 - Barriers Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A responsible
				  party for an active pit in hazardous proximity to a public road must construct
				  a barrier or other device between the public road adjoining the site and the
				  pit.
(b) A responsible party for an
				  abandoned or inactive pit which is both in hazardous proximity to a public road
				  and in an unacceptable unsafe location must construct a barrier or other device
				  between the public road adjoining the site and the pit.
(c) The responsible party may choose to slope
				  the sidewalls of a pit in place of constructing a berm or barrier, provided
				  that in the opinion of the responsible party such corrective measure better
				  serves the public safety and provided that the slope shall not exceed 30
				  degrees from the horizontal.
(d)
				  The barrier or other device must be completed not later than the 90th day after
				  the day on which the responsible party receives a notice of approval from the
				  department. An additional time of not more than 60 days may be granted by the
				  department for good cause shown. If the responsible party must obtain an
				  easement or right-of-entry before constructing the barrier or other device, the
				  department may grant additional reasonable time to complete the barrier or
				  other device.
(e) The department
				  may grant a waiver from the barrier requirement if the responsible party
				  submits an application to the department showing that:
(1) a governmental entity obtained a
				  right-of-way and constructed a public road within 200 feet of the abandoned or
				  inactive pit before August 26, 1991; and
(2) the pit has remained abandoned or
				  inactive since the road was constructed.