4.4 Public Art

The department supports efforts to enhance the appearance of public highways by integrating public art into the transportation landscape. Public art includes graphic or sculptural elements which are usually free standing but can be incorporated into existing transportation features such as retaining walls, bridges, bridge rails, bridge abutments, etc. when approved by the department.
Placement of public art in the state ROW by others will be evaluated on a case-by-case basis and must adhere to the following guidelines unless otherwise approved. Further restrictions may apply. See
Figure 4-21
,
Figure 4-22
, and
Figure 4-23
.
Proposals for art installation must be submitted by a local government entity (LG) with responsibility over the proposed location of the piece.
  • The State will review and evaluate the Public Art proposal with due consideration to safety (location, potential for motorist distraction, accessibility for maintenance, etc.), aesthetics, community support and maintainability.
  • The submittal must include a letter of support from the local governmental entity (city, county, or state) approving the placement of the public art.
  • A formal resolution from the local governing body in support of the Public Art piece must also be submitted prior to installation.
  • A formal agreement such as the Multiple Use Agreement must be fully executed prior to installation.
  • Art to be installed along the Interstate Highway system is subject to review and approval by the FHWA.
The LG must agree to:
  • Fund, furnish, construct, and maintain the Public Art according to plans approved by the State.
  • Furnish, erect, and maintain any barricades, signs, and traffic handling devices in accordance with the latest
    Texas Manual of Uniform Traffic Control Devices
    (TMUTCD) and to the satisfaction of the State related to this project. Proper traffic control is essential to protect the safety of the public.
  • Conduct periodic inspections of the Public Art as deemed necessary.
  • Remove Public Art as may be required for any construction or maintenance of the roadway and restore the area to the satisfaction of the State.
Public Art must be designed and placed to:
  • Be freestanding unless otherwise approved (except murals).
  • Be appropriate to its proposed setting and community context.
  • Be in proper size and scale with its surroundings.
  • Be composed of materials that are durable for the projected life span of the Public Art.
  • Be located beyond the clear zone, for both main lane traffic and frontage road traffic.
  • Be located where maintenance can be safely performed.
Public Art must
not
:
  • Contain any text of any sort, including, but not limited to, religious, political, special interest, private or commercial messages, symbols, logos, business names, trade names, jingles, or slogans.
  • Contain actual or abstract images of real people.
  • Contain any displays of any sort, including, but not limited to, advertising, decorative banners, flags, or flag poles.
  • Display telephone numbers, street addresses, or Internet addresses.
  • Interfere with airspace above the roadway.
  • Create a distraction to the motoring public; for example, the Public Art should be large enough to interpret at highway speed, but not be so large that it demands attention from the motorist.
  • Include reflective or glaring surface finishes.
  • Include illumination that impairs or distracts the vision of transportation system users. Other lighting may be permitted in
    accordance with the aesthetic lighting provisions in this manual.
  • Display blinking or intermittent or moving lights, including changeable message signs, digital displays, or lighted static displays such as LED.
  • Include moving elements (kinetic art) or simulate movement.
  • Include water features of any sort.
  • Interfere with official traffic control devices, nor interfere with the operational ROW above the roadway.
  • Be placed within state ROW upon trees or painted or drawn upon rocks or other existing natural features.
  • Make use of or simulate colors or combinations of colors usually reserved for official traffic control devices described in the
    Texas MUTCD
    .
  • Require the removal of trees or other vegetation for visibility, or harm trees during installation. Pruning of tree branches or roots, and removal of shrubs must be avoided.
  • Negatively impact existing highway features, including existing signs, irrigation systems, necessary drainage patterns, and facilities.
The Public Art must be removed, if in the opinion of TxDOT, creates a safety issue, operational concerns, or due to deterioration or inadequate maintenance. TxDOT reserves the right to remove or alter any Public Art that presents an immediate safety hazard to the public without delay or advanced notification.
Public art projects can be a viable and creative way to allow residents to express their sense of community.
Sam Houston Statue
El Paso Wind Art