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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER KCONTROL OF SIGNS ALONG RURAL ROADS
RULE §21.442On-Premise Signs

(a) A business may not maintain more than five on-premise signs on a frontage of a single rural road at a single business location.

(b) A permit under §21.404 of this subchapter (relating to Permit Required) is not required to erect an on-premise sign.

(c) An on-premise sign is a sign that:

  (1) is located on the real property of a business and consists only of:

    (A) the name, logo, trademark, telephone number, and internet address of that business; or

    (B) an identification of that business's principal and accessory products or services offered on the property; or

  (2) only advertises the sale or lease of the real property on which the sign is located and is removed within 90 days after the date of the closing of the real property transaction.

(d) For the purposes of this section, a sign is located on the real property of a business if:

  (1) the real property on which the sign is located and the real property on which the activity of the business is conducted are one contiguous tract that is under common ownership; or

  (2) the sign is located on the real property of a commercial development and the businesses of the development share the sign structure of that sign.

(e) For the purpose of subsection (d)(1) of this section, real property is not considered to be a part of one contiguous tract if the real property on which the sign is located is:

  (1) separated from the real property on which the business activity is located by a road or highway or by another business;

  (2) devoted to a separate purpose unrelated to the advertised business activity;

  (3) held under an easement or other lesser property interest than the property interest in the land on which the business activity is located; or

  (4) is a narrow strip or other configuration of land that cannot be put to any reasonable use related to the advertised business activity other than for signing purposes.

(f) A sign is not an on-premise sign if:

  (1) the sign consists principally of brand name or trade name advertising and the product or service advertised is only incidental to the principal activity;

  (2) the sign advertises activities that are not conducted on the premises; or

  (3) the sign provides rental income to the owner of the real property on which it is located, unless the owner of the real property receives the income from an on-premise business for the use of the sign.

(g) For the purposes of this subsection:

  (1) the date of the closing of a sales transaction is the date that legal title to a property is conveyed to a purchaser for property under a contract to buy; and

  (2) the date of the closing of a lease transaction is the date that the landlord and tenant enter into a binding lease of a property.


Source Note: The provisions of this §21.442 adopted to be effective July 1, 2011, 36 TexReg 2418

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