| (a) The department may authorize a political subdivision,
as a certified city, to exercise control over commercial signs in
its jurisdiction. If the political subdivision receives approval under
this section, it will be listed as a certified city and a permit issued
by that political subdivision is acceptable instead of a permit issued
by the department within the approved area.
(b) To be considered for authorization under this section,
the political subdivision must submit to the department:
(1) a copy of its sign regulations;
(2) a copy of its zoning regulations;
(3) information about the number of personnel who will
be dedicated to the program and what type of records will be maintained,
including whether the political subdivision maintains an inventory
of signs that can be provided to the department in an electronic format
that is acceptable to the department; and
(4) an enforcement plan that includes the removal of
illegal signs.
(c) The department, after consulting with the Federal
Highway Administration, shall determine whether a political subdivision
has established and will enforce within its corporate limits standards
and criteria for size, lighting, and spacing of commercial signs consistent
with the purposes of the Highway Beautification Act of 1965, 23 United
States Code §131, and with customary use. The size, lighting,
and spacing requirements of the political subdivision may be more
or less restrictive than the requirements of this subchapter as long
as the requirements comply with the federal requirements, such as
the prohibition of signs over 1,200 square feet in size and spacing
of less than 500 feet. The authorization does not include the area
in a municipality's extraterritorial jurisdiction.
(d) The department may meet with a political subdivision
to ensure that it is enforcing the standards and criteria in accordance
with subsection (c) of this section.
(e) After approval under this section, the political
subdivision shall:
(1) provide to the department:
(A) a copy of each amendment to its sign and zoning
regulations when the amendment is proposed and adopted; and
(B) a copy of any change to its corporate limits and
its extraterritorial jurisdiction, if covered by the approval;
(2) annually provide to the department:
(A) an electronic copy of the sign inventory; and
(B) report of the number of sign permits issued and
the status of all pending enforcement actions; and
(3) participate in at least one video conference or
teleconference sponsored by the department each year.
(f) The political subdivision may:
(1) set and retain the fees for issuing a sign permit;
and
(2) establish the period for which a sign permit is
effective.
(g) The department will conduct an on-site compliance
monitoring review every two years.
(h) The department may withdraw the approval of a political
subdivision given under this section if the department determines
that the political subdivision does not have an effective sign control
program. The department will consider whether:
(1) the standards and criteria of political subdivision's
sign regulations continue to meet the requirements of subsection (c)
of this section;
(2) the political subdivision maintains an accurate
sign inventory and annually provides the inventory to the department
in an electronic format; and
(3) the political subdivision enforces the sign regulations
and annually reports enforcement actions as required.
(i) The department may reinstate a political subdivision's
authority on the showing of a new plan that meets the requirements
of subsection (c) of this section.
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