SECTION 29.6. Signs on State Highway Right of Way

(a) Purpose. Texas Transportation Code, Chapter 392, subchapter B, prohibits persons from erecting, placing, or maintaining a sign on the right of way of a highway designated as part of the state highway system unless authorized by state law. Subchapter B further authorizes the department to remove and dispose of unauthorized signs and to adopt rules for the enforcement of this subchapter. This section prescribes policies and procedures governing the removal and disposal of unauthorized signs.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Department - The Texas Department of Transportation.

(2) Permanent sign - Any sign permanently affixed or attached to the ground or a structure, or which cannot be removed without special handling.

(3) Reasonably ascertainable name and address - The name and mailing address of the owner are displayed on the sign, or a name is displayed on the sign from which the department can identify the name and address of the owner.

(4) Sign - Any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, or other thing that is designed, intended, or used to advertise or inform.

(c) Removal.

(1) Immediate removal. Except as provided in paragraphs (2) and (3) of this subsection, the department may immediately and without prior notice remove a sign erected, placed, or maintained, in whole or in part, on state highway right of way if the sign is not authorized by state law or approved by the department.

(2) Permanent signs. If the name and address of the owner of a permanent unauthorized sign is reasonably ascertainable, the department will notify the owner to remove the sign. If the owner does not remove the sign within 14 calendar days of the date notice is mailed, the department may remove the sign without further notice.

(3) Regulated signs. If a sign authorized under Texas Transportation Code, Chapter 391, subchapters B and C, and Chapter 394, encroaches on state highway right of way, the department will notify the owner of the sign of the encroachment and request that the encroachment be remedied. If the owner does not remedy the encroachment within 31 calendar days of the date notice is mailed, the department will remove the portion of the sign that is in the right of way.

(4) Sign storage. Removed signs will be stored at a department maintenance office pending disposal.

(d) Disposal.

(1) The department may dispose of a sign removed under this section unless the sign is claimed by the owner not later than the 10th day after the date of removal or the date notice is mailed under paragraph (2) of this subsection, whichever date is later.

(2) If the name and address of the owner is reasonably ascertainable, the department will, within three working days of the date of removal, forward written notice by certified mail to the owner of the sign stating that the sign has been removed and will be disposed of by the department after the 10th day from the date of the letter unless claimed by the owner.

(e) Removal costs.

(1) The department will notify the owner of a sign removed under this section of the removal costs, and the owner shall remit the costs to the department within 30 days of the date of the notice. If the owner fails to remit all costs, the department may refer the matter to the Office of the Attorney General for collection.

(2) Removal costs will be determined as follows.

(A) The costs of removing a nonpermanent unauthorized sign will be the average cost for removing an unauthorized nonpermanent sign in the district in which the sign is located.

(B) The costs for removing a permanent unauthorized sign will be the average cost per square foot for removing an unauthorized permanent sign in the district in which the sign is located.

Source Note: The provisions of this §29.6 adopted to be effective November 21, 1999, 24 TexReg 10145