| (a) Except as allowed by Transportation Code, §391.038,
if a sign is partially destroyed by a natural force outside the control
of the permit holder, including wind, tornado, lightening, flood,
fire, or hurricane, the department will determine whether the sign
can be repaired without an amended permit.
(b) The department may require the sign owner to submit
an estimate of the proposed work, including an itemized list of the
materials to be used and the manner in which the work will be done.
The department will allow the sign to be repaired without an amended
permit if the department determines that the damage is not substantial.
If the damage is determined to be substantial the sign owner must
obtain an amended permit under §21.174 of this subchapter (relating
to Amended Permit).
(c) The department will cancel the existing permit
if it determines the damage to the sign is substantial under subsection
(g) of this section and an amended permit is not obtained by the sign
owner within one year after the date that the department first became
aware of the damage.
(d) If a permit is canceled under this section or §21.176
of this subchapter (relating to Cancellation of Permit), the remaining
sign structure must be dismantled and removed without cost to the
state.
(e) A sign that is totally or partially destroyed by
vandalism or a motor vehicle accident may be rebuilt as described
on the most recently approved permit application.
(f) If a decision to cancel a permit is appealed, the
sign may not be repaired during the appeal process.
(g) Damage is considered to be substantial if the cost
to repair the sign would exceed 60 percent of the cost to replace
it with a sign of the same basic construction using new materials
and at the same location.
(h) If a sign is partially destroyed by a natural force
outside the control of the sign owner in an area that receives a state
or federal disaster declaration and the sign owner has documentation
to show that the sign damage is not considered substantial the sign
may be repaired without a prior determination by the department under
subsection (b) of this section if the sign is repaired within 180
days after the date of the event and if within 60 days after the date
of completion of the repairs, the owner submits to the department:
(1) photos of the partially destroyed sign and the
repaired sign; and
(2) a notarized affidavit executed by the sign owner
containing:
(A) the permit number of the sign;
(B) a statement that the sign was damaged by the natural
force;
(C) a statement that the cost to repair the sign was
less than 60 percent of the cost of a new sign with the same basic
construction; and
(D) a statement that the sign was repaired in the same
configuration and with like materials according to the most recent
approved permit.
(i) A sign repaired in violation of this subsection
is subject to enforcement and removal.
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