| (a) To perform customary maintenance or to make substantial
changes to the sign or sign structure under §21.434 of this subchapter
(relating to Repair and Maintenance) a permit holder must obtain an
amended permit before initiating any action to the sign structure.
(b) To obtain an amended permit, the permit holder
must submit an amended permit application on a form prescribed by
the department. The amended permit application must provide the information
required under §21.409 of this subchapter (relating to Permit
Application) applicable to an amended permit and indicates the change
from the information in the original application for the sign permit.
The amended application is not required to obtain the signature of
the land owner.
(c) The new sign face size, configuration, height,
lighting, or location must meet all applicable requirements of this
subchapter.
(d) The holder of a permit for a nonconforming sign
may apply for an amended permit to perform eligible customary maintenance
under §21.434 of this subchapter. An amended permit will not
be issued for a substantial change, as described by §21.434(c)
of this subchapter, to a nonconforming sign.
(e) Making a change to a sign, except as provided by
subsection (h) of this section, without first obtaining an amended
permit is a violation of this subchapter and will result in an administrative
enforcement action.
(f) The department will make a decision on an amended
permit application within 60 days of the date receipt of the amended
permit application. If the decision cannot be made within the 60 day
period the department will notify the applicant of the delay, provide
the reason for the delay, and provide an estimate for when the decision
will be made.
(g) If an amended permit application is denied, the
applicant may file a request with the executive director for an appeal
using the same procedures found in §21.170 of this chapter (relating
to Appeal Process for Permit Denials).
(h) In the event of a natural disaster the department
may waive the requirement that a required amended permit be issued
prior to the repair of a conforming sign. If the department waives
this requirement the amended permit must be submitted within 60 days
of the completion of the repairs. If the repairs are in violation
of these rules or the permit holder fails to submit the amended permit
application the sign is subject to enforcement and removal actions.
(i) An amended permit is valid for one year after the
date of the department's approval of the amended permit application.
The provisions of this subchapter relating to a permit, including §21.421(g)
of this subchapter (relating to Permit Renewals), apply to the amended
permit. The date of the department's approval of the amended permit
application is considered to be the amended permit's date of issuance.
(j) The documentation and fee required under this section
must be sent to: Texas Department of Transportation, Outdoor Advertising,
P.O. Box 13043, Austin, Texas 78711-3043.
(k) If a sign is built with a smaller face than the
size shown on the permit application or if the face is reduced in
size after it is built, an amended permit will be required to increase
the size of the face.
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| Source Note: The provisions of this §21.423 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective June 19, 2014, 39 TexReg 4668 |
