Any part of the right-of-way for, or the airspace above or underground space below, a highway that is a part of the state highway system may be authorized for lease at the sole discretion of the commission provided the following findings are made:

1. (1) that the area to be leased will not be needed for highway purposes during the period of the lease;
2. (2) that the lease will be consistent with beautification, safety, maintenance, and operation of the state highway system;
3. (3) that the lease will be economically beneficial to the department; and
4. (4) that the lease will comply with all applicable state and federal rules, regulations, procedures, and laws.

Source Note:The provisions of this §21.602 adopted to be effective October 19, 1988, 13 TexReg 5005.