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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 §21.199Permit Issued with Credit for Acquired Commercial Sign

(a) To obtain a permit using a credit issued under §21.198 of this subchapter (relating to Credit for Acquired Commercial Sign), the license holder must submit a new sign permit application under §21.154 of this subchapter (relating to Permit Application) and indicate that the permit application is using an acquired sign credit. The location of the sign for which a permit is issued under this section must be within a zoned commercial or industrial area under §21.161 of this subchapter (relating to Zoned Commercial or Industrial Area) or an unzoned commercial or industrial area, under §21.162 of this subchapter (relating to Unzoned Commercial or Industrial Area) except that an unzoned commercial or industrial area may include only one commercial or industrial activity.

(b) The department will issue a permit under this section for a sign located in accordance with §21.179 of this subchapter (relating to Location of Commercial Signs Near Certain Highway Facilities) except as provided by this subsection.

  (1) A sign may not be erected along a regulated highway that is outside an incorporated municipality in an area that is adjacent to or no less than 500 feet from:

    (A) an interchange or intersection; or

    (B) a rest area, ramp, or the highway's acceleration or deceleration lanes.

  (2) A sign may be located not less than 500 feet from a public space that is adjacent to a regulated highway:

    (A) on either side of a regulated highway that is on a nonfreeway primary system; or

    (B) on the side of the highway adjacent to the public space if the regulated highway is on an interstate or freeway primary system;

  (3) for a highway on the interstate or freeway primary system, not closer than 500 feet to another permitted sign on the same side of the highway;

  (4) for a highway on the nonfreeway primary system and outside of a municipality, no closer than 300 feet to another permitted sign on the same side of the highway;

  (5) for a highway on the nonfreeway primary system and within the incorporated boundaries of a municipality, no closer than 100 feet to another permitted sign on the same side of the highway.

(c) The department will not issue a permit under this section for a sign to be located on a rural road regulated by Subchapter K of this chapter (relating to Control of Signs along Rural Roads).

(d) A sign for which a permit is issued under this section must meet all other requirements of this subchapter that do not conflict with this section.


Source Note: The provisions of this §21.199 adopted to be effective September 1, 2024, 49 TexReg 6256

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