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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.412Permit Application Review

(a) The department will consider permit applications in the order of the receipt of the applications.

(b) If an application is rejected because it is not complete or has incorrect information, the application loses its priority position and a copy of the application will be sent to the applicant outlining the reasons the application was rejected.

(c) The department will hold an application that is for the same site as or a conflicting site with that of an application that the department previously received until the department makes a final decision on the previously received application. The department will notify the applicant that the applicant's application is being held because an application for the same or a conflicting site was previously received. For the purposes of this subsection, the date of a final decision on an application is:

  (1) the date of the final decision on an appeal under §21.418 of this subchapter (relating to Appeal Process for Permit Denials); or

  (2) if an appeal is not filed within the period provided by §21.418 of this subchapter, on the 46th day after the date the denial notice was received under §21.413 of this subchapter (relating to Decision on Application).

(d) The department will review the permit application for completeness, correctness, and compliance with all requirements of this subchapter. Measurements will be taken at the site to determine if the sign placement meets the spacing and location requirements.

(e) If an applicant has indicated on the permit application that an existing sign structure that causes conflict with the new designated sign site will be removed, the department may provide a conditional approval in writing to the applicant if all other requirements of this subchapter are met.


Source Note: The provisions of this §21.412 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668

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