SECTION 21.436. Location of Relocated Sign

(a) To receive a new permit for relocation, an existing sign must be relocated on a part of the same parcel of land on which the sign was situated before relocation in a location that is allowed under this section.

(b) If the sign owner can demonstrate that the location under subsection (a) of this section is not physically or economically feasible for a sign structure, the sign owner, on approval by the department, may relocate the sign to any other location that is allowed under this section. The owner is not entitled to additional relocation benefits under §21.438 of this subchapter (relating to Relocation Benefits) if the sign structure is relocated further than 50 miles from the location of the existing sign.

(c) The location of the relocated sign must be within the required distance of a commercial or industrial activity as described by §21.416 of this subchapter (relating to Commercial or Industrial Activity).

(d) A sign may not be relocated to a place where it:

(1) is likely to cause a driver to be unduly distracted in any way;

(2) will obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; or

(3) will obstruct or interfere with the driver's view of approaching, merging, or intersecting motor vehicle or rail traffic.

(e) A sign may not be relocated from a rural road to a highway that is subject to Subchapter I of this chapter (relating to Regulation of Signs along Interstate and Primary Highways).

(f) Spacing requirements of §21.429(a) - (c) of this subchapter (relating to Spacing of Signs) apply to signs relocated under this section.

(g) A sign may not be relocated to a place that is:

(1) within 500 feet of a public park that is adjacent to a rural road on either side of the roadway; or

(2) within five feet of any highway right of way line.

Source Note: The provisions of this §21.436 adopted to be effective July 1, 2011, 36 TexReg 2418