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Section 4: Cancellation of Permits

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Requirements

TxDOT will cancel a permit if the sign:

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  • is removed, unless the sign is removed and re-erected at the request of a condemning authority;
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  • is not maintained in accordance with this subchapter or Transportation Code 391;
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  • is damaged beyond the repair, as determined under section 21.197 relating to Discontinuance of a Nonconforming Commercial Sign Due to Destruction;
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  • is abandoned as determined under section 21.181 relating to Abandonment of Sign;
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  • is built by an applicant who uses false or materially misleading information on the permit application;
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  • has substantial changes made to a non-conforming sign in violation of the regulations or Transportation Code, Chapter 391;
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  • is located on property owned by a person who withdraws, in writing, the permission to occupy the property;
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  • is located in an unzoned commercial or industrial area and TxDOT has evidence that an activity supporting the unzoned commercial or industrial area was created primarily or exclusively to qualify the area as an unzoned commercial or industrial area, or;
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  • is accessed, erected, repaired, or maintained from highway right of way;
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  • has been made more visible by the permit holder clearing vegetation from the highway right of way; or
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  • fails to cure a violation; or
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  • fails to pay an administrative penalty.

Upon determination that a permit should be canceled, TxDOT will mail a notice of cancellation to the address of the record permit holder by certified mail. The notice will clearly state the:

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  • reasons for the cancellation;
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  • effective date of the cancellation; and
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  • right of the permit holder to request an administrative hearing on the cancellation. The request for the hearing must be made in writing and delivered to TxDOT within forty-five(45) days after the date that the notice of cancellation is received.

Upon written notification by TxDOT, the owner of a sign is required to remove the sign at no cost to the State if a:

If requested timely, an administrative hearing will be conducted in accordance with Chapter 1, Subchapter E (relating to Procedures in Contested Case) and the cancellation is abated until the cancellation is affirmed by order of the commission.

A permit holder may voluntarily cancel a permit by submitting a request in writing after the sign has been removed. The administrative hearing procedures outlined above do not apply to a permit voluntarily canceled by the permit holder.

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