| (a) The department will not issue a permit for a commercial
sign unless it can be erected and maintained from private property
that the license holder accesses by:
(1) a permitted driveway on a state-maintained roadway;
(2) a roadway that is not state maintained; or
(3) documented legal access through adjoining private
property.
(b) If, after a permit is issued, the department finds
evidence that the license holder accessed private property on which
the sign is located by means other than one listed in subsection (a)
of this section, the department will cancel the permit under §21.174
of this subchapter (relating to Cancellation of Permit). This section
does not apply to the maintenance of a sign that is on railroad right
of way and to which §21.168(a) of this subchapter (relating to
Continuance of Nonconforming Signs) applies if:
(1) crossing the state's right of way line is the only
available access to the sign; and
(2) the permit holder notifies and obtains approval
of the department before accessing the sign for maintenance.
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