- (a) A sign may be relocated in accordance with this section, §21.436 of this subchapter (relating to Location of Relocated Sign), and §21.437 of this subchapter (relating to Construction and Appearance of Relocated Sign) if the sign is legally erected and maintained and will be within the highway right of way as a result of a construction project.
- (b) To relocate a sign under this section, the permit holder must obtain a new permit under §21.409 of this subchapter (relating to Permit Application), but the permit fee is waived.
- (c) To receive a new permit to relocate a sign, the permit holder must submit a new permit application that identifies that the application is for the relocation of an existing sign due to a highway project. The new location must meet all local codes, ordinances, and applicable laws.
(d) Notwithstanding other provisions of this section, if only a part of a sign will be located within the highway right of way as a result of the construction project, the sign owner may apply to amend an existing permit for the sign to authorize:
- (1) the relocation of the sign face of a monopole sign that would overhang the proposed right of way from that location to the land on which the sign's pole is located;
- (2) the relocation of the poles and sign face of a multiple sign structure that are located in the proposed right of way from the proposed right of way to the land on which the other poles of the sign structure are located; or
- (3) a reduction in the size of a sign structure that is located partially in the proposed right of way, so that the sign structure and sign face are removed from the proposed right of way.
- (e) A permit for the relocation of a sign must be submitted within 36 months from the earlier of the date the original sign was removed or the date the original sign was required to move. The sign owner is required to continue to renew the sign permit and pay the permit renewal fee for the sign to remain eligible for relocation.
Source Note:The provisions of this §21.435 adopted to be effective July 1, 2011, 36 TexReg 2418.