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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.408Continuance of Nonconforming Signs

(a) Notwithstanding other provisions of this subchapter, the department will renew a permit for a nonconforming sign only if the sign structure:

  (1) was lawful on the later of the date it was erected or became subject to the control of the department; and

  (2) remains substantially the same as it was on the later of the date it was erected, became subject to the department's control, or became a nonconforming sign due to change in statute, rule, or condition.

(b) A nonconforming sign may not be:

  (1) removed and re-erected for any reason, other than a request by a governmental entity; or

  (2) substantially changed, as described by §21.434 of this subchapter (relating to Repair and Maintenance).


Source Note: The provisions of this §21.408 adopted to be effective July 1, 2011, 36 TexReg 2418

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