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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.429Spacing of Signs

(a) A permitted off-premise sign having a sign face area of at least 301 square feet may not be located within 1,500 feet of another permitted off-premise sign on the same side of the roadway.

(b) A permitted off-premise sign having a sign face area of at least 100 but less than 301 square feet may not be located within 500 feet of another permitted off-premise sign having a sign face within that range or within 1500 feet of a permitted off-premise sign that has a sign face of at least 301 square feet and is on the same side of the roadway.

(c) A permitted off-premise sign having a face area of less than 100 square feet may not be located within 150 feet of another permitted off-premise sign having a sign face of less than 100 square feet, within 500 feet of a permitted sign with a face area of at least 100 but less than 301 square feet, or within 1,500 feet of a permitted off-premise sign with a face area of at least 301 square feet that is on the same side of the roadway.

(d) Two signs located at the same intersection do not violate this section if they:

  (1) are located so that their messages are not directed toward traffic flowing in the same direction; and

  (2) are not visible from the main-traveled way of an interstate or federal-aid primary highway.

(e) For the purposes of this section, the space between signs is measured between points along the right of way of the roadway perpendicular to the center of the signs.

(f) The spacing requirements of this section do not apply to signs separated by buildings, natural surroundings, or other obstructions in a manner that causes only one of the signs to be visible within the specified spacing area.

(g) An off-premise sign may not be erected within five feet of a rural road right-of-way line. This distance will be measured from the edge of the sign face nearest to the right of way line.

(h) An off-premise sign must be erected within 800 feet of at least one recognized commercial or industrial activity. The commercial or industrial activity must be on the same side of the rural road as the sign.

(i) Distance from the commercial or industrial activity is measured from the outer edges of the regularly used buildings, parking lots, storage facilities, or processing areas of the commercial or industrial activity. Measurements are not made from the property line unless the property lines coincide with the regularly used portions of the activity.

(j) A sign may not be located in a place that creates a safety hazard, including a location that:

  (1) is likely to cause a driver to be unduly distracted;

  (2) obscures or interferes with the effectiveness of an official traffic sign, signal, or device; or

  (3) obstructs or interferes with the driver's view of approaching, merging, or intersecting roadway or rail traffic.

(k) A sign may not be located in an area that is adjacent to or within 1,000 feet of a rest area.

(l) The distance from a rest area is measured along the right of way line from the outer edges of the rest area boundary abutting the right of way.

(m) The center of a sign may not be located within 250 feet of the nearest point of the boundary of a public park.

(n) This subsection applies only if a public park boundary abuts the right of way of a regulated highway. A sign may not be located within 1,500 feet of the boundary of the public park, as measured along the right of way line from the nearest common point of the park's boundary and the right of way. This limitation applies on both sides of the rural road.

(o) A permitted sign that is being displaced by a highway construction project will not be considered in determining the spacing for a new sign application.


Source Note: The provisions of this §21.429 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687

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