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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 43. TRANSPORTATION |
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PART 1. TEXAS DEPARTMENT OF TRANSPORTATION |
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CHAPTER 21. RIGHT OF WAY |
| SUBCHAPTER A. LAND ACQUISITION PROCEDURES |
| § 21.1. Responsible Entity |
| § 21.2. Controlled Access Highways |
| § 21.3. Title Requirements for Highway Right-of Way |
| § 21.4. Title Insurance |
| § 21.5. Designation of Title Agent to Represent Title Companies |
| § 21.6. Use of Abstract Plant Facilities |
| § 21.7. Donation of Real Property |
| § 21.8. Minerals |
| § 21.9. Taxes |
| § 21.10. Negotiations |
| § 21.11. Requests to Counties and Cities for Acquisition of Right-of-Way |
| § 21.12. Reimbursement to Counties and Cities for Right-of-Way Acquisition |
| § 21.13. Valuation for Real Property to be Acquired |
| § 21.14. Qualifications of Real Estate Appraisers and Other Technical Experts or Estimators |
| § 21.15. Employment of Real Estate Appraisers, Technical Experts, and Estimators |
| § 21.16. Use of Options To Purchase for Advance Acquisition of Real Property |
| SUBCHAPTER B. UTILITY ADJUSTMENT, RELOCATION, OR REMOVAL |
| § 21.21. State Participation in Relocation, Adjustment, and/or Removal |
| § 21.22. Agreements |
| § 21.23. State Participation in Toll-Related Relocations |
| § 21.24. State Participation in Gas Pipeline Relocations |
| § 21.25. State Participation in the Relocation of Certain Publicly-Owned Utility Facilities |
| SUBCHAPTER C. UTILITY ACCOMMODATION |
| § 21.31. Definitions |
| § 21.32. Purpose |
| § 21.33. Applicability |
| § 21.34. Scope |
| § 21.35. Exceptions |
| § 21.36. Rights of Utilities |
| § 21.37. Design |
| § 21.38. Construction, Maintenance, and Inspection |
| § 21.39. Ownership, Function, Abandonment, and Idling of Facilities |
| § 21.40. Underground Utilities |
| § 21.41. Overhead Electric and Communication Lines |
| § 21.42. Appeal Process |
| § 21.52. Forms--General |
| § 21.53. Joint Use Agreement Forms |
| § 21.54. Use and Occupancy Agreement Forms |
| § 21.55. Abandoned Interests |
| § 21.56. Metric Equivalents |
| § 21.57. Temporary Saltwater Pipeline |
| SUBCHAPTER D. EXPENSES INCIDENTAL TO TRANSFER OF TITLE TO STATE |
| § 21.71. Incidental Expenses |
| SUBCHAPTER E. PASSES |
| § 21.81. Passes |
| SUBCHAPTER F. DISPOSAL OF REAL ESTATE INTERESTS |
| § 21.101. Purpose |
| § 21.102. Definitions |
| § 21.103. Proof of Real Property Ownership |
| § 21.104. Sale of Real Property by Sealed Bid |
| § 21.105. Fees for Disposal of Real Estate Interests |
| § 21.106. Disposals Requiring Service Fee or Cash Consideration |
| SUBCHAPTER G. RELOCATION ASSISTANCE AND BENEFITS |
| § 21.111. Definitions |
| § 21.112. Relocation Assistance Advisory Service |
| § 21.113. Public Information |
| § 21.114. Written Notices to Displacees |
| § 21.115. Applicability of Relocation Payments and Services |
| § 21.116. Moving and Related Expense Payments |
| § 21.117. Replacement Housing Payment |
| § 21.118. Relocation Review Committee |
| SUBCHAPTER H. CONTROL AND SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS |
| § 21.131. Purpose |
| § 21.132. Definitions of Zoned and Unzoned Industrial Areas |
| § 21.133. Screening Junkyards and Automobile Graveyards |
| SUBCHAPTER I. REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS |
| DIVISION 1. SIGNS |
| § 21.141. Purpose |
| § 21.142. Definitions |
| § 21.143. Permit Required |
| § 21.144. License Required |
| § 21.145. Prohibited Signs |
| § 21.150. Continuance of Nonconforming Commercial Signs |
| § 21.152. License Application |
| § 21.153. License Issuance |
| § 21.154. License Not Transferable |
| § 21.155. License Renewals |
| § 21.156. License Fees |
| § 21.157. Temporary Suspension of License |
| § 21.158. License Revocation |
| § 21.159. Permit Application |
| § 21.160. Applicant's Identification of a New Commercial Sign's Proposed Site |
| § 21.161. Site Owner's Consent; Withdrawal |
| § 21.162. Permit Application for Certain Preexisting Commercial Signs |
| § 21.163. Permit Application Review |
| § 21.164. Decision on Application |
| § 21.166. Commercial Sign Location Requirements |
| § 21.167. Erection and Maintenance from Private Property |
| § 21.168. Conversion of Certain Authorization to Permit |
| § 21.169. Notice of Commercial Sign Becoming Subject to Regulation |
| § 21.170. Appeal Process for Permit Denials |
| § 21.171. Permit Expiration |
| § 21.172. Permit Renewals |
| § 21.173. Transfer of Permit |
| § 21.174. Amended Permit |
| § 21.175. Permit Fees |
| § 21.176. Cancellation of Permit |
| § 21.177. Commercial or Industrial Area |
| § 21.178. Zoned Commercial or Industrial Area |
| § 21.179. Unzoned Commercial or Industrial Area |
| § 21.180. Commercial or Industrial Activity |
| § 21.181. Abandonment of Sign |
| § 21.182. Commercial Sign Face Size and Positioning |
| § 21.183. Signs Prohibited at Certain Locations |
| § 21.184. Location of Commercial Signs Near Public Spaces |
| § 21.185. Location of Commercial Signs Near Certain Facilities |
| § 21.186. Location of Commercial Signs Near State Right of Way |
| § 21.187. Spacing of Commercial Signs |
| § 21.188. Wind Load Pressure |
| § 21.189. Commercial Sign Height Restrictions |
| § 21.190. Lighting of and Movement on Commercial Signs |
| § 21.191. Repair and Maintenance of Commercial Signs |
| § 21.192. Permit for Relocation of a Commercial Sign |
| § 21.193. Location of Relocated Commercial Sign |
| § 21.195. Relocation of Commercial Sign within Certified Cities |
| § 21.197. Discontinuance of Nonconforming Commercial Sign Due to Destruction |
| § 21.198. Order of Removal |
| § 21.199. Destruction of Vegetation and Access from Right of Way Prohibited |
| § 21.200. Local Control of Commercial Signs |
| § 21.201. Fees Nonrefundable |
| § 21.202. Property Right Not Created |
| § 21.203. Complaint Procedures |
| § 21.204. Administrative Penalties for Commercial Signs |
| § 21.205. Curable Commercial Sign Permit Violations |
| § 21.206. Requirements For An Electronic Sign |
| SUBCHAPTER J. LEASING OF HIGHWAY ASSETS FOR TRANSPORTATION FACILITY |
| § 21.301. Purpose |
| § 21.302. Definitions |
| § 21.303. Request for Proposals |
| § 21.304. Proposals |
| § 21.305. Selection of Entity |
| § 21.306. Negotiation with Selected Entity |
| § 21.307. Agreement |
| § 21.308. Termination of Agreement |
| § 21.309. Payment |
| § 21.310. Sublease |
| § 21.311. General Requirements |
| SUBCHAPTER K. CONTROL OF SIGNS ALONG RURAL ROADS |
| § 21.401. Purpose |
| § 21.402. Definitions |
| § 21.403. Prohibited Signs |
| § 21.404. Permit Required |
| § 21.405. Exemptions |
| § 21.406. Exemptions for Certain Populous Counties |
| § 21.407. Existing Off-Premise Signs |
| § 21.408. Continuance of Nonconforming Signs |
| § 21.409. Permit Application |
| § 21.410. Site Owner's Consent; Withdrawal |
| § 21.411. Applicant's Identification of Proposed Site |
| § 21.412. Permit Application Review |
| § 21.413. Decision on Application |
| § 21.414. Sign Permit Plate |
| § 21.415. General Sign Location Requirements |
| § 21.416. Commercial or Industrial Activity |
| § 21.417. Erection and Maintenance from Private Property |
| § 21.418. Appeal Process for Permit Denials |
| § 21.419. Request for a Variance |
| § 21.420. Permit Expiration |
| § 21.421. Permit Renewals |
| § 21.422. Transfer of Permit |
| § 21.423. Amended Permit |
| § 21.424. Permit Fees |
| § 21.425. Cancellation of Permit |
| § 21.426. Administrative Penalties |
| § 21.427. Abandonment of Sign |
| § 21.428. Sign Face Size and Positioning |
| § 21.429. Spacing of Signs |
| § 21.430. Multiple Faced Signs |
| § 21.431. Wind Load Pressure |
| § 21.432. Height Restrictions |
| § 21.433. Lighting of and Movement on Signs |
| § 21.434. Repair and Maintenance |
| § 21.435. Permit for Relocation of Sign |
| § 21.436. Location of Relocated Sign |
| § 21.437. Construction and Appearance of Relocated Sign |
| § 21.438. Relocation Benefits |
| § 21.439. Discontinuance of Sign Due to Destruction |
| § 21.440. Order of Removal |
| § 21.441. Destruction of Vegetation and Access from Right of Way Prohibited |
| § 21.442. On-Premise Signs |
| § 21.444. Fees Nonrefundable |
| § 21.445. Property Right Not Created |
| § 21.446. Time Proposed Roadway Becomes Subject to Subchapter |
| § 21.447. Complaint Procedures |
| § 21.448. License Required |
| § 21.449. License Application |
| § 21.450. License Issuance |
| § 21.451. License Not Transferable |
| § 21.452. License Renewals |
| § 21.453. License Fees |
| § 21.454. Temporary Suspension of License |
| § 21.455. License Revocation and Non-Renewal |
| § 21.456. Exception to License Requirement for Nonprofit Signs |
| § 21.457. Nonprofit Sign Permit |
| SUBCHAPTER L. LEASING OF HIGHWAY ASSETS |
| § 21.600. Purpose |
| § 21.601. Definitions |
| § 21.602. Highway Asset to be Leased |
| § 21.603. Methods of Awarding Leases |
| § 21.604. Lease Agreement |
| § 21.605. General Requirements |
| § 21.606. Requests to Lease |
| SUBCHAPTER M. QUARRY AND PIT SAFETY |
| § 21.701. Purpose and Scope |
| § 21.702. Definitions |
| § 21.703. Form Availability |
| § 21.704. Fees |
| § 21.705. Form and Content of Initial Inventory Report |
| § 21.706. Barriers Required |
| § 21.707. Barrier Construction Standards |
| § 21.708. Prohibition Against Opening Pits |
| § 21.709. Quarry Safety Plan |
| § 21.710. Sloping of Pit Sidewalls |
| § 21.711. Safety Certificate Required |
| § 21.712. Construction, Expansion, or Relocation of Roads |
| § 21.713. Form and Content of Safety Certificate Applications |
| § 21.714. Review of Applications |
| § 21.715. Inspection of Barriers and Certificate Decision |
| § 21.716. Transfer of Certificate after Transfer of Title |
| § 21.717. Recertification after Transfer of Title |
| § 21.718. Cessation of Operations |
| § 21.719. Enforcement |
| § 21.720. Civil Penalties |
| § 21.721. Injunctive Relief |
| § 21.722. Recovery of Costs |
| § 21.723. Forms |
| § 21.724. Distance Between Pit and Property Line |
| SUBCHAPTER N. RAIL FACILITIES |
| § 21.801. Acquisition of Real Property |
| § 21.802. Disposal of Real Property |
| SUBCHAPTER O. UTILITY ACCOMMODATION FOR RAIL FACILITIES |
| § 21.901. Purpose |
| § 21.902. Definitions |
| § 21.903. Applicability |
| § 21.904. Exceptions |
| § 21.905. Requests |
| § 21.906. Design |
| § 21.907. Maintenance and Servicing Utilities |
| § 21.908. Preservation, Restoration, and Cleanup |
| § 21.909. Utilities Paralleling Railroad Property |
| § 21.910. Utilities Crossing Railroad Property |
| § 21.911. Plans and Approvals |
| SUBCHAPTER Q. REGULATION OF DIRECTIONAL SIGNS |
| § 21.941. Description of Directional Sign |
| § 21.942. Requirements for Erection and Maintenance of Sign |
| § 21.943. Eligibility |
| § 21.944. Size of Sign |
| § 21.945. Condition of Sign |
| § 21.946. Location and Spacing |
| § 21.947. Lighting of Sign |
| SUBCHAPTER R. LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS |
| § 21.961. Purpose |
| § 21.962. Definitions |
| § 21.963. Lease of Right of Way for a Saltwater Pipeline Facility |
| § 21.964. Lease Request |
| § 21.965. Lease Agreement |
| § 21.966. Disposition of Payments |
| § 21.967. Termination of Lease |
| § 21.968. Federal Highway Administration Approvals |
| § 21.969. Use of Right of Way under Lease |
| § 21.970. Clearances, Safety Requirements, and Standards |
| § 21.971. Marker or Tracking Device |
| § 21.972. Changes of and Access to Highway Facilities |