The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--Transportation Code, Chapter 394.
2. (2) Commission--The Texas Transportation Commission.
3. (3) Department--The Texas Department of Transportation.
4. (4) Erect--To construct, build, raise, assemble, place, affix, attach, embed, create, paint, draw, or in any way bring into being or establish, except when performed incidental to the change of an advertising message or to normal maintenance or repair of an existing sign.
5. (5) Governmental entity--The state, an agency of the state, or a political subdivision of the state, including a county, municipality, public school district, or special purpose district.
6. (6) Main traveled way--The through traffic lanes exclusive of frontage roads, auxiliary lanes, and ramps.
7. (7) Normal maintenance--The process of keeping a sign in good repair. When the sign is being converted from a multiple pole structure to a monopole structure or is being repaired at a cost in excess of 50% of the cost of erecting a new sign of the same type at the same location, each such action constitutes a replacement rather than normal maintenance and a sign permit will be required if the sign is an off-premise sign. No sign required to be registered or permitted may be enlarged more than 10% of the size shown on the permit or registration without first obtaining a permit authorizing such enlargement. Lighting may not be added to any sign nor may more intense lighting be added to any sign without first obtaining a permit authorizing such addition. No person shall erect, repair, or maintain a sign while such person or the equipment being used is on any road right-of-way.
8. (8) Off-premise sign--A sign displaying advertising copy that pertains to a business, person, organization, activity, event, place, service, or product not principally located or primarily manufactured or sold on the premises on which the sign is located.
9. (9) On-premise sign--A freestanding sign identifying or advertising a business, person, or activity, and installed and maintained on the same premises as the business, person, or activity.
10. (10) Permit--The authorization granted pursuant to action by the Texas Transportation Commission for the erection of a sign, subject to these sections and the Act.
11. (11) Person--An individual, association, corporation, or other legal entity.
12. (12) Portable sign--A sign designed to be mounted on a trailer, bench, wheeled carrier, or other nonmotorized mobile structure or on skids or legs.

13. (13) Recognized commercial or industrial activities--Those activities customarily permitted only in zoned commercial or industrial areas except that none of the following shall be considered recognized commercial or industrial activities:

    1. (A) outdoor advertising structures;
    2. (B) agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to, temporary wayside fresh produce stands;
    3. (C) activities not housed in a permanent building or structure having functioning water and sewage connections and functioning electrical connections;
    4. (D) activities conducted in a building primarily used as a residence;
    5. (E) railroad right-of-way;
    6. (F) activities more than 200 feet from the edge of the right-of-way of a rural road;
    7. (G) activities conducted only seasonally or which are not conducted an average of at least 30 hours per week or at least five days per week;
    8. (H) activities conducted in a building having less than 300 square feet of floor space devoted to such activities;
    9. (I) activities not conducted by human beings;
    10. (J) activities which have not existed at least 90 days.
14. (14) Rural road--A road, street, way, highway, thoroughfare, or bridge that is located in an unincorporated area and is not privately owned or controlled, any part of which is open to the public for vehicular traffic, and over which the state or any of its political subdivisions have jurisdiction.
15. (15) Sign--An outdoor structure, sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing that is designed, intended, or used to advertise or inform and that is visible from the main-traveled way of a rural road.

16. (16) Small business--A legal entity, including a corporation, partnership, or sole proprietorship that:

    1. (A) is formed for the purpose of making a profit;
    2. (B) is independently owned and operated;
    3. (C) is not a publicly held corporation; and
    4. (D) has fewer than 100 employees or less than $1 million in annual gross receipts in a fiscal year.

Source Note:The provisions of this §21.411 adopted to be effective March 3, 1986, 11 TexReg 912; amended to be effective March 22, 1996, 21 TexReg 2093; amended to be effective June 21, 1998, 23 TexReg 6290.