Texas Register

TITLE 43 TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER IREGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS
DIVISION 1SIGNS
RULE §21.189Commercial Sign Height Restrictions
ISSUE 09/15/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Except as provided by subsections [subsection ] (f) and (g) of this section, a commercial 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 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)A commercial sign structure erected prior to March 1, 2017 may not be higher than 85 feet, excluding a cutout that extends above the rectangular border of the sign face.

(h)A person may rebuild a sign structure erected prior to March 1, 2017 without obtaining a new or amended permit from the department, provided that the sign is rebuilt at the same location where the sign existed on March 1, 2017, at a height that does not exceed the height of the sign on that date and continues to complies with all other provisions of the sign permit except height.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 31, 2017

TRD-201703468

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Earliest possible date of adoption: October 15, 2017

For further information, please call: (512) 463-8630



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