SECTION 22.15. Authorized Temporary Signs

(a) Temporary signs. The department may authorize a person or entity to temporarily erect, place, and maintain a sign on state highway right-of-way, provided that the sign:

(1) informs the public of a special event which is open to the public; or

(2) serves to identify a commercial entrance or driveway along a state highway which is under construction if the department determines construction activities have temporarily restricted the access or visibility of the adjacent commercial area, thus impairing the safety and convenience of the travelling public.

(b) Application.

(1) Commercial signs. A contractor, working on a highway improvement contract pursuant to Texas Civil Statutes, Transportation Code, Chapter 223, is authorized to erect a sign to indicate a commercial entrance or driveway as provided in the plans and specifications developed in conjunction with the project.

(2) Special events. To obtain authorization for the placement of a special event sign on state highway right-of-way, a person or entity must file an application at the department's local area office not fewer than 14 calendar days prior to the requested date of placement. The application shall be in a form prescribed by the department and shall at a minimum include:

(A) the name, address, and telephone number of the person responsible for the request;

(B) the proposed location of the sign (distance from the pavement, mounting height);

(C) the proposed text, background color, and legend color for the sign;

(D) the size of the sign (height, width, thickness, and sign material);

(E) the proposed method of support of the sign (dimension and material);

(F) the nature, location, date of the event, and sponsor of the special event, if applicable; and

(G) any additional information requested by the area engineer as necessary to make his or her determination under subsection (c) of this section.

(c) Approval. The area engineer will approve the placement and support of a special event sign found to be in compliance with this section, subject to any additional terms and conditions deemed necessary to protect the safety of the traveling public by signing and dating the application, and stamping or otherwise inscribing the word "approved" on the requestor's application. If the area engineer does not approve the request, he or she will send written notice describing the basis for the determination.

(d) Sign restrictions.

(1) Sign size.

(A) A sign approved for placement by a contractor on a segment of the state highway system must conform with the Texas MUTCD and the BC sheets in effect at the time of installation.

(B) A sign approved for placement under subsection (c) of this section may not:

(i) exceed 16 square feet if placed on the roadside to inform the travelling public;

(ii) exceed four square feet if used to guide participants in a bicycle or pedestrian event;

(iii) extend more than three feet beyond the pavement edge; or

(iv) imitate or resemble any official traffic sign, signal, or device.

(2) Sign material. A sign approved for placement under subsection (c) of this section shall be constructed of heavy cardboard, plastic, fabric mesh, or plywood no thicker than 1/4 inches.

(3) Sign location. A sign approved for placement under subsection (c) of this section shall be placed as far from the edge of the pavement as possible (except for those signs used to guide participants in a bicycle or pedestrian event which shall be placed no less than one foot from the edge of the pavement), and may not be placed:

(A) in a location where it may prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic;

(B) on any highway appurtenances, including, but not limited to, traffic control devices, official signs, sign supports, light standards, poles, and delineators;

(C) on any tree or other natural feature;

(D) less than 18-1/2 feet above the pavement if the sign is a banner placed over the pavement; or

(E) closer to the pavement edge than official highway signs, except for those signs used to guide participants in a bicycle or pedestrian event which shall be placed no less than one foot from the edge of the pavement.

(4) Text of sign.

(A) A sign approved for placement for a special event under subsection (c) of this section shall not contain commercial advertising but may identify the event's sponsor by name and the sponsor's trademark. The name of the event's sponsor and sponsor's trademark shall be displayed less conspicuously than the activity.

(B) A sign approved for placement to aid visibility and access for a commercial business entrance or driveway may contain:

(i) directional text such as "DRIVEWAY" with an accompanying arrow;

(ii) the type of service such as "GAS," "LODGING," "FOOD," "MALL;"

(iii) the type of business such as "CLEANERS," "FOOD STORE," and "RESTAURANT."

(5) Lighting. A sign approved for placement under subsection (c) of this section may not display lighting.

(6) Banner supports. A banner approved for placement above a roadway under subsection (c) of this section shall be placed on supports which comply with the safety standards of the Texas MUTCD and the BC Sheets, and must be approved by department personnel prior to installation.

(7) Placement of sign. A special event sign location will be allocated on a first-come, first-serve basis. A sign approved for placement under subsection (c) of this section for a special event may not be placed more than 24 hours prior to the event; provided, however, a banner may be installed no more than 30 days prior to the event.

(e) Exception. The executive director or his or her designee may waive one or more of the requirements of this section not inconsistent with applicable statutory law provided that he or she, by written order, specifies the public benefits to result from the placement.

(f) Sign maintenance. A sign approved for placement under subsection (c) of this section shall be maintained by the owner in compliance with all requirements of this section. The authorization for any sign not maintained in accordance with all requirements is deemed void, and the sign may be removed by the department in accordance with subsection (g) of this section.

(g) Removal.

(1) A sign authorized for placement under this section shall be removed by the applicant within 24 hours of the completion of the event; except banners shall be removed within seven days of the completion of the event.

(2) If a sign becomes a hazard due to inclement weather, inadequate maintenance, accidental damage, or other cause, the department will remove the sign.

(3) A special event sign not removed in compliance with paragraph (1) of this subsection is subject to removal by the department and the applicant is liable for removal and disposal costs as provided by §25.10 of this title (relating to Signs on State Highway Right-of-Way).

Source Note: The provisions of this §22.15 adopted to be effective March 1, 1995, 20 TexReg 963; amended to be effective December 12, 1999, 24 TexReg 10916