Chapter 7: Municipal Control of Signs
Anchor: #CHDHHGJHSection 1: Municipal Control
Anchor: #i999032Overview
An incorporated town or city may elect to control signs erected along highways within the geographical jurisdiction of that town or city in lieu of control by the State. The incorporated town or city will enforce the established standards and criteria for size, lighting and spacing of outdoor advertising signs according to the Texas Transportation Code, Chapter 391. "Geographical jurisdiction" means within the corporate limits of a municipality. This certification shall not apply within the ETJ of a political subdivision. If a municipality ceases to control the outdoor advertising signs, then the control must be exercised by the State.
Anchor: #i999044District Responsibility
Each District is responsible for keeping in contact with all incorporated towns and cities within the District. The District should keep them informed of the current Outdoor Advertising License list and should encourage their participation in the regulation of signs, including the issuance of permits. TxDOT is obligated to determine that each town or city, which has elected to control outdoor advertising signs, is actually controlling the signs.
Anchor: #i999054Minimum Controls
Each controlling town or city shall provide at least the following minimum controls:
- A zoning ordinance or other regulation establishing standards and criteria for size, lighting and spacing consistent with the requirements of the Federal Highway Beautification Act, and local customary use.
- Ensure that only authorized signs are erected and maintained. A permit system is required. Permit tags are not required. Any permit fees collected by a city or town may be retained by that city or town.
- A procedure to verify that no sign is erected along a controlled highway until the sign owner has obtained an "Outdoor Advertising License" from TxDOT .
Municipal Criteria
The criteria for size, lighting and spacing established by a town or city having comprehensive zoning must be at least as restrictive as the criteria contained in the Agreement with the Secretary of Transportation, provided such control is consistent with the purposes of the Federal Highway Beautification Act of 1965 and with local customary use.
Anchor: #i999091Observation and Documentation
Where a town or city has elected to control outdoor advertising signs within its city limits, the following actions shall be taken by each District to assure TxDOT that effective control is being maintained:
The sign ordinance and zone ordinance information about the number of personnel who will be dedicated to the program, what type of records and an enforcement plan must be provided by each town or city within the District which has elected to exercise control of signs. These shall be examined to ascertain that they apply to all commercial and industrial zones and provide for the regulation of size, lighting and spacing of outdoor advertising signs consistent with the law and customary use.
Copies of any amendment to its sign and zoning ordinances shall be provided to the District when the amendments are proposed and adopted.
A copy of any changes to its corporate limits must be provided to the District.
Towns and cities should be advised of the licensing and enforcement provisions of the Highway Beautification law and made aware of the State's responsibility for periodic review of their control and procedures. Towns and cities without adequate means of control should be encouraged to adopt adequate controls. An annual inventory of all permitted signs should be made by the City and furnished to TxDOT .
Records shall be maintained by each District on the status of control being taken by each town or city within that District. Periodically the ROW Division will request a report of such status.
Districts must conduct an annual review of each certified city.
Anchor: #i999131Decertification
The Director of ROW Division may decertify a municipality if it does not have an effective sign control program. The Director of ROW Division may consider whether:
The political subdivision maintains an accurate sign inventory and requires the removal of illegal signs, and;
The local sign ordinance contains standards and criteria for signs in accordance with the provisions of the Federal Highway Beautification Act of 1965 and TxDOT Commission rules.
Anchor: #i999153Reinstatement
TxDOT may elect to reinstate a municipality when it shows a new plan that complies with the requirements of the Federal Highway Beautification Act of 1965 and TxDOT Commission rules.