It is illegal to place political signs on the right of way. No notification before removal is required. However, the department should make an effort to contact local political campaign headquarters prior to the election season to request that they not place political signs on the rights of way. The same procedures should be utilized to remove them.

Under Election Code, Section political signs are required to have the following notice placed on the sign: "NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT OF WAY OF A HIGHWAY."

If a sign permitted under Transportation Code, Chapter , "Highway Beautification on Inter-state and Primary Systems and Certain Roads", encroaches on state highway right of way, the department will notify the sign's owner of the encroachment with Form "Notice of Unauthorized Sign Placement, 31 Day Notice" and request that the encroachment is remedied.

TxDOT 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. If a traffic hazard exists, the sign should be removed as soon as practical. Other unauthorized signs should be removed as the workload permits after proper notification.

In accordance with the terms of the Municipal Maintenance Agreement, unauthorized signs within the limits of incorporated cities should be removed by the city.

Removed signs should be stored at a department maintenance office pending disposal or return to the rightful owner(s). Signs should be stored in such a manner as to minimize damage. The department has the obligation to exercise ordinary care while such personal property is in its possession.

No notification prior to removal is necessary. If TxDOT removes the sign and the name and address of the owner is

reasonably ascertainable

, the department will notify the owner of the sign's removal within three working days of the date of removal and provide the owner information regarding retrieval of the sign

via Form 2053 “Notice of Removal of Unauthorized Sign”

.

Reasonably ascertainable

means that either 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.

If immediate removal is not necessary and the name and address of the owner is reasonably ascertained, the department will notify the owner that the sign must be removed within 14 calendar days. A 14-day notice can be given using Form 2054 “Notice of Unauthorized Sign Placement, 14 Day Notice”. If the owner does not remove the sign within 14 calendar days or if the owner is not reasonably ascertainable, the department may remove the sign without further notice.

If an unauthorized sign is placed on the right of way and the owner can be easily contacted in person, , “Notice of Unauthorized Sign Placement Immediate Removal,” may be handed to the owner. This form should only be used when it can be handed to the sign owner. The owner should be informed that state forces will remove the sign as soon as possible if the owner does not remove it immediately.

The department will notify the owner of all removal costs and the procedures for retrieving the removed sign(s). The owner will remit the costs by cash, cashier's check or money order to the appropriate district office 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.

To expedite the process, estimated costs may used in place of actual costs. The following table shows how to calculate estimated removal costs for both temporary and permanent unauthorized signs.

Owners may declare ownership of their signs at any time between time of removal and before disposal. However, owners may regain possession of their signs only after proof of payment of appropriate removal costs. Proof of payment may be obtained from the appointed payment locations in the district.

The department may dispose of a removed sign unless it is claimed by the owner within 10 days after the date of removal or the date notice is mailed in accordance with notification requirements, whichever is later. The department may return a sign to its owner after payment of appropriate removal costs. If an owner claims a sign within 10 days but removal costs are unpaid, the department should inform the owner of payment procedures. Unless the owner makes arrangements to retrieve the sign, the department may dispose of the sign after 30 days following the date of removal or the original date of notification, whichever is later.

Districts should keep a permanent record of each incident of unauthorized signs on the right of way. Form "Illegal Signs on the Right of Way Log" may be used for record keeping of billing and payment received or disposal if applicable.