1. (a) Applicability. A person shall not erect or cause to be erected an off-premise sign, other than an exempt sign, that is visible from the main-traveled way of a rural road without first having obtained a permit to do so from the commission acting by and through the district engineer of the department district office serving the county in which the proposed sign is to be located.

2. (b) Application and issuance.

   1. (1) A sign owner who desires to erect or maintain a sign as required in this section must file an application, in duplicate, in a form prescribed by the department, which shall include, but not be limited to:

      1. (A) the name and mailing address of the applicant;
      2. (B) proposed location and description of the sign;
      3. (C) how to find the road along which the sign is to be erected;
      4. (D) name and address of the site owner;
      5. (E) indication that the site owner has consented to the erection of the sign; and
      6. (F) such additional information as the department deems necessary.

   2. (2) The application must be signed under oath by the sign owner and filed with the district engineer in whose district the sign is to be erected, and shall be accompanied by:

      1. (A) the prescribed fee or fees; and
      2. (B) if the proposed sign will have a height of six feet or more above the ground, as measured above the average level of the ground adjacent to the proposed structure, a certificate signed by the sign owner to the effect that the proposed sign will withstand wind load pressures in pounds per square foot as set out in the following table.

3. (c) Permit renewals.

   1. (1) Subject to the terms and location stated in the permit application, a permit issued under this section shall be valid for a period of one year, provided the sign is erected and maintained in accordance with the applicable sections under this undesignated head. The permitted sign must be erected within one year from the date the original permit is issued in order for a sign permit to be eligible for renewal.
   2. (2) To renew a permit under this subsection, a permit holder must file with the district engineer a written request in a form prescribed by the department, together with the prescribed renewal fee; and further provided that the sign continues to meet all applicable requirements.

4. (d) Permit transfer.

   1. (1) A permit may only be assigned with the written approval of the district engineer.
   2. (2) The holder of a permit or permits who desires to transfer one or more permits must file with the district engineer a request in a form prescribed by the department, together with the prescribed transfer fee. The transferor and transferee will each be issued a copy of the approved permit transfer form.

5. (e) Permit fees.

   1. (1) For a permit issued pursuant to this section:

      1. (A) the original fee is $96 for each sign;
      2. (B) the annual renewal fee is $40; and
      3. (C) the fee is $25 for each permit transferred.
   2. (2) A fee prescribed in this subsection is payable to the State of Texas, and is nonrefundable.

Source Note:The provisions of this §21.441 adopted to be effective February 24, 1992, 17 TexReg 1236; amended to be effective June 16, 1994, 19 TexReg 4342.