| (a) Purpose. Transportation Code, §392.0325, authorizes
a person to submit to the department a request to maintain certain signs that
encroach on state highway right-of-way. This section prescribes the policies
and procedures by which a person may obtain approval.
(b) Definitions. The following words and terms, when used in
this section shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Sign - An awning or sign that will:
(A) encroach on state highway right-of-way;
(B) be attached to a building located on property other than
state highway right-of-way;
(C) refer to a commercial activity or business located in the
building; and
(D) either:
(i) consist solely of the name of the establishment;
(ii) identify the establishment's principal product or services;
or
(iii) advertises the sale or lease of the property on which
the sign is located.
(2) Director - The chief administrative officer
in charge of the Maintenance Division of the department.
(c) Request.
(1) A request for approval under this section must be submitted
to the appropriate department district office. The request shall be on a form
prescribed by the department and shall at a minimum include:
(A) the name, address, and telephone number of the person submitting
the request;
(B) the proposed location of the sign (including distance from
the pavement and mounting height);
(C) the proposed text, background color, and legend color for
the sign;
(D) the size and composition of the sign (including height,
width, thickness, and sign material);
(E) the proposed method of support of the sign (dimension and
material);
(F) detailed plans for the installation and maintenance of
the sign;
(G) a traffic control plan that incorporates the requirements
contained in the Texas Manual on Uniform Traffic Control Devices, if it will
be necessary to use state highway right-of-way to install or maintain the
sign; and
(H) if applicable, a brief statement about the historic significance
of the sign and of the building to which the sign is attached.
(2) The district may require additional information
determined necessary for the department to properly evaluate the request.
(3) All costs necessary to collect information required
under this subsection are the sole responsibility of the requestor.
(d) Approval.
(1) Subject to the provisions of paragraph (2) of this subsection,
the director will approve a request submitted under subsection (c) of this
section if the director:
(A) determines that the sign will not constitute a safety hazard;
(B) determines that the sign will not interfere with the construction,
reconstruction, operation, or maintenance of the highway facility; and
(C) obtains the approval of the Federal Highway Administration,
if approval is required under federal law.
(2) The director will not approve a request if the
sign:
(A) is attached in any manner to a structure on the right-of-way;
(B) encroaches into the clear zone as defined by the Texas
Manual on Uniform Traffic Control Devices;
(C) encroaches on right-of-way that is scheduled for future
construction or rehabilitation in the department's Unified Transportation
Program;
(D) has utilities located above or below the proposed sign;
(E) will distract drivers from direction or other official
signs authorized by law; or
(F) will unduly distract the traveling public.
(3) The director will take into account the historic
significance of the building and the sign that is attached to and is a contributing
feature of the building.
(e) Agreement. If the director approves a request under subsection
(d) of this section, the requestor must enter into an agreement with the department.
If the requestor is not the owner of the building to which the sign will be
attached, the building owner must also be a party to the agreement. The agreement
will include:
(1) any additional terms and conditions deemed necessary by
the director to protect the safety of the traveling public;
(2) a statement that the requestor and owner shall indemnify
and save harmless the state, its officers, employees, agents, and contractors
from claims arising from or connected with the requestor's use of the right-of-way
under the agreement; and
(3) a statement that the requestor and owner shall be
responsible for the removal or relocation of the sign, if the sign must be
relocated or removed due to improvements to the highway facility.
(f) Violation. If a person maintains a sign in violation of
the agreement or a provision of this section, the department will consider
the sign to be an illegal encroachment subject to enforcement and removal
under Transportation Code, Chapter 392, Subchapter B.
(g) Disapproval. If the director denies a request, the director
will provide written notice describing the basis for the determination.
(h) Appeal. A person denied approval under this section may
file an appeal with the executive director or the director's designee not
below the level of assistant executive director. The decision of the executive
director or the director's designee is final.
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