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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.434Repair and Maintenance

(a) The following are considered to be routine maintenance activities that do not require an amended permit:

  (1) the replacement of nuts and bolts;

  (2) nailing, riveting, or welding;

  (3) cleaning and painting;

  (4) manipulation of the sign structure to level or plumb it;

  (5) changing of the advertising message;

  (6) the replacement of minor parts if the materials of the minor parts are the same type as those being replaced and the basic design or structure of the sign is not altered;

  (7) changing all or part of the sign face structure but only if materials similar to those of the sign face being replaced are used; and

  (8) upgrading existing lighting for an energy efficient lighting system.

(b) The following are considered to be customary maintenance activities that may be made but require an amended permit prior to the initiation of such an activity:

  (1) replacement of poles, but only if not more than one-half of the total number of poles of the sign structure are replaced in any 12 month period and the same material is used for the replacement poles; and

  (2) adding a catwalk to the sign structure.

(c) The following are examples of substantial changes that may be made but require an amended permit before the initiation of such an activity:

  (1) adding lights to an un-illuminated sign or adding additional lights or adding more intense lighting to an illuminated sign whether or not the lights are attached to the sign structure;

  (2) changing the number of poles in the sign structure;

  (3) adding permanent bracing wires, guy wires, or other reinforcing devices;

  (4) changing the material used in the construction of the sign structure, such as replacing wooden material with metal material;

  (5) adding faces to a sign or changing the sign configuration;

  (6) increasing the height of the sign;

  (7) changing the configuration of the sign structure, such as changing a "V" sign to a stacked or back to back sign, or a single face sign to a back-to back sign; and

  (8) moving the sign structure or sign face in any way unless the movement is made in accordance with §21.435 of this subchapter (relating to Permit for Relocation of Sign).

(d) To add a catwalk to a sign structure the catwalk must meet Occupational Safety and Health Administration guidelines.


Source Note: The provisions of this §21.434 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668

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