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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER IREGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS
DIVISION 1SIGNS
RULE §21.186Determination That Sign is Destroyed

(a) The department will determine that a damaged sign has been destroyed if:

  (1) one-half or more of the total number of poles of the sign structure require repair or replacement; or

  (2) the pole of a monopole structure is bent or broken, or its support is twisted.

(b) To dispute the department's determination that a sign has been destroyed, the sign owner must file with the department, before the 90 thday after the date that the notice of the determination was sent, documentation from a person licensed to practice engineering in this state that demonstrates that the sign meets the requirements of the International Building Code, Appendix H, §H105, Design and Construction.

(c) If a permit is canceled under §21.174(a)(2) of this subchapter (relating to Cancellation of Permit), all the sign structure above ground must be dismantled and removed without cost to the state. No portion of the sign structure may remain above ground.

(d) If a decision to cancel a permit is appealed, the sign may not be rebuilt during the appeal process.

(e) If a sign is rebuilt or repaired in violation of this section, the department may take one or more of the following actions:

  (1) cancel the sign's permit;

  (2) require removal of the sign; or

  (3) impose penalties on the license holder.


Source Note: The provisions of this §21.186 adopted to be effective September 1, 2024, 49 TexReg 6256

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