Requirements and Restrictions for Encroaching Permanent Signs

When securing an agreement for permanent signs to encroach on the right of way from a building off the right of way, the requestor must supply the following proof of compliance:
  • a brief statement about the historic significance of the sign and of the building or structure (if any) to which the sign is attached
  • detailed plans (initial procedure, materials, equipment and workforce) for the installation and maintenance of the sign
  • a traffic control plan (if required by TxDOT) that incorporates the requirements contained in the
    Texas Manual on Uniform Traffic Control Devices
    , if it will be necessary to use state highway right of way to install or maintain the sign
  • any additional information necessary for TxDOT to properly evaluate the request.
All costs to collect information or performances are the sole responsibility of the applicant.
When considering the request, the MNT director will take into account the historic significance of the sign and the building or structure to which it is attached. The director will approve a request submitted if it is:
  • determined that the sign will not constitute a safety hazard
  • determined that the sign will not interfere with the construction, reconstruction, operation or maintenance of the highway facility
  • approved by the
    Federal Highway Administration
    , if approval is required under federal law.
The MNT director may not approve a request if the sign:
  • is attached in any manner to a structure on the right of way;
  • encroaches into the clear zone as defined by the
    Texas Manual on Uniform Traffic Control Devices
  • encroaches on right of way that is scheduled for future construction or rehabilitation in TxDOT's Unified Transportation Program
  • has utilities located above or below the proposed sign
  • will distract drivers from direction or other official signs authorized by law
  • will unduly distract the traveling public.
If a request is denied, a written notice describing the basis for the determination will be provided to the applicant. A person denied approval may file an appeal with the Executive Director. The decision of the Executive Director is final.