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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 §21.199Destruction of Vegetation and Access from Right of Way Prohibited
(a) A person may not:

  (1) trim or destroy a tree or other vegetation on the right of way for any purpose related to this subchapter; or

   (2) erect or maintain a sign from the right of way.

 (b) The department will initiate enforcement action if the permit holder, or someone acting on behalf of the permit holder, violates this section.

 (c) Subsection (a)(2) of this section does not apply to the maintenance of a sign if:

  (1) the state right of way is the only available access for a sign on railroad right of way to which §21.150(b) of this subchapter (relating to Continuance of Nonconforming Signs) applies; and

   (2) the sign owner notifies the department and obtains approval of the department before accessing the sign for maintenance.

 (d) It is not a violation to trim the portion of the tree or vegetation that encroaches onto private property at the private property line as long as the trimming occurs from the private property.
Source Note: The provisions of this §21.199 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective March 14, 2018, 43 TexReg 1446

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