Policy for Use of Highway Right of Way for Permanent Signs Attached to a Building Outside the Right of Way
Transportation Code
authorizes a person to request department approval
to maintain certain signs that are attached to a building located
off state highway right of way, but where the sign itself encroaches
onto state highway right of way. Following Texas Administrative Code,
Title 43,
, a person may request approval by submitting an application
to the local TxDOT district office. The requestor should complete
the "Application and Agreement for Use of Highway Right of Way for
Permanent Signs Attached to a Building Outside the Right of Way"
(Form
),
along with all applicable items requested in the document. After
the district office has recommended approval, the applicant should
sign the agreement and forward it along with all applicable items
to the Maintenance Division (MNT) director for final approval.
For the purposes of the application, a
sign
is
a sign or awning that will:- encroach on state highway right of way
- be attached to a building located on property other than state highway right of way;
- refer to a commercial activity or business located in the building
- contain wording that consists solely of the name of the establishment, identifies the establishment's principal product or services, or advertises the sale or lease of the property on which the sign is located.
A
historic sign
is a sign as defined
above that is attached to and is a contributing feature of a historic
building or structure.