| (a) A sign may be relocated in accordance with this
section, §21.436 of this subchapter (relating to Location of
Relocated Sign), and §21.437 of this subchapter (relating to
Construction and Appearance of Relocated Sign) if the sign is legally
erected and maintained and will be within the highway right of way
as a result of a construction project or, under exceptional circumstances
as determined by the executive director or the executive director's
deputy if the sign is legally erected and maintained and the relocation
will further the intended purposes of the Transportation Code, Title
6, Subtitle H, "Highway Beautification."
(b) To relocate a sign under this section, the permit
holder must obtain a new permit under §21.409 of this subchapter
(relating to Permit Application), but the permit fee is waived.
(c) To receive a new permit to relocate a sign, the
permit holder must submit a new permit application that identifies
that the application is for the relocation of an existing sign due
to a highway construction project. The new location must meet all
local codes, ordinances, and applicable laws.
(d) If the permit holder of a sign that must be relocated
due to a highway construction project desires to amend the sign structure
by following the §21.423 of this subchapter (relating to Amended
Permit), they must apply and receive the approved relocation permit
from the department before filing for an amended permit.
(e) Notwithstanding other provisions of this section,
if only a part of a sign will be located within the highway right
of way as a result of the construction project, the sign owner may
apply to amend an existing permit for the sign to authorize:
(1) the adjustment of the sign face on a monopole sign
that would overhang the proposed right of way and the required five
foot setback from that location to the land on which the sign's pole
is located, including adding a second pole if required to support
the adjustment for a legal non-conforming monopole sign;
(2) the relocation of the poles and sign face of a
multiple sign structure that is located in the proposed right of way
from the proposed right of way and the required five foot setback
to the land on which the other poles of the sign structure are located;
or
(3) a reduction in the size of a sign structure that
is located partially in the proposed right of way and the required
five foot setback so that the sign structure and sign face are removed
from the proposed right of way and the required five foot setback.
(f) A permit for the relocation of a sign must be submitted
within 36 months from the earlier of the date the original sign was
removed or the date the original sign was required to move. The sign
owner is required to continue to renew the sign permit and pay the
permit renewal fee for the sign to remain eligible for relocation.
The relocation permit issued must be maintained in accordance with §21.421
of this subchapter (relating to Permit Renewals).
(g) To replace an issued and active relocation permit,
an operator first must cancel the permit, then must reapply, pay the
fee prescribed by §21.424 of this subchapter (relating to Permit
Fees), and obtain approval for the new permit in accordance with subsection
(a) of this section. The relocation process must be completed within
the time requirements of subsection (f) of this section.
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