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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.405Exemptions

(a) The following are exempt from the requirements of this subchapter:

  (1) a sign, the erection and maintenance of which is allowed under the highway beautification provisions of the Transportation Code, Chapter 391;

  (2) a sign in existence before September 1, 1985, that was properly registered and maintains a valid registration under §21.407 of this subchapter (relating to Existing Off-Premise Signs);

  (3) a sign that has as its purpose the protection of life and property;

  (4) a directional or other official sign authorized by law, including a sign pertaining to a natural wonder or scenic or historic attraction;

  (5) a sign or marker giving information about the location of an underground electric transmission line, telegraph or telephone property or facility, pipeline, public sewer, or waterline;

  (6) a sign erected by a governmental entity;

  (7) a sign erected solely for and relating to a public election, but only if:

    (A) the sign is on private property;

    (B) the sign is erected after the 91st day before the election and is removed before the 11th day after the election;

    (C) the sign is constructed of lightweight material;

    (D) the surface area of the sign is not larger than 50 square feet; and

    (E) the sign is not visible from the main-traveled way of an interstate or federal-aid primary highway;

  (8) an off-premise directional sign for a small business, as defined by Government Code, §2006.001, that is on private property and is no larger than 50 square feet;

  (9) a sign that is required by the Railroad Commission of Texas at the principal entrance to or on each oil or gas producing property, well, tank, or measuring facility to identify or to locate the property, that is no larger in size than is necessary to comply with the Railroad Commission's regulations, and that has no advertising or information content other than the name or logo of the company and the necessary directions;

  (10) a sign that shows only the name of a ranch on which livestock are raised or a farm on which crops are grown and the directions to, telephone number, or internet address of the ranch or farm and that has a sign face that does not exceed an area of 32 square feet;

  (11) a sign identifying the name of a recorded subdivision located at an entrance to the subdivision or on property owned by or assigned to the subdivision, home owners association, or other entity associated with the subdivision;

  (12) a sign of a nonprofit service club, charitable association, religious organization, chamber of commerce, or nonprofit museum that gives information about the meetings, services, events, or locations of the entity and that does not exceed an area of 32 square feet;

  (13) a public service sign that:

    (A) is located on a school bus stop seating bench or shelter;

    (B) identifies the donor, sponsor, or contributor of the shelter;

    (C) contains a public service message that occupies at least 50 percent of the area of the sign;

    (D) has no content other than that described by subparagraphs (B) and (C) of this paragraph;

    (E) is authorized or approved by the law of the entity that controls the highway involved, including being located at a place approved by the entity;

    (F) has a sign face that does not exceed an area of 32 square feet; and

    (G) is not facing the same direction as any other sign on that seating bench or shelter;

  (14) a sign that is erected and maintained by a public school, or a college or university, or a non-profit agricultural fair, but only if the information presented on the sign is limited to information about the meetings, services, events, or on premise activities of the entity, and the total area of the sign's face facing a particular direction of travel does not exceed 200 square feet; and

  (15) a sign that:

    (A) is located on the sign owner's real property;

    (B) does not result in any monetary benefit for the owner or material benefit to a third-party;

    (C) does not relate to a public election;

    (D) has no more than a single sign face fronting a particular direction of travel; and

    (E) has no single sign face that exceeds 96 square feet.

(b) An on-premise sign that meets the criteria provided by §21.442 of this subchapter (relating to On-premise Sign) cannot be erected earlier than one year before the date that the business for which the sign is erected will open and conduct business.


Source Note: The provisions of this §21.405 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective October 12, 2014, 39 TexReg 7954

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