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Section 2: Vendors on the Right of Way

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Purpose of Section

Encroachments on state highways and rights of way by unauthorized structures, vehicles and roadside vendors cause damage to the system, increase litter and frequently create an unsafe or hazardous condition. This section prescribes policies and procedures governing the use of the state highway rights of way by vendors.

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Policy

A person may not park or place any vehicle or structure wholly or partly within the right of way of a state highway for the purpose of selling the same or of selling any article, service or item from such vehicle or structure, with the exception of edible agricultural commodities. The sale of edible agricultural commodities must comply with these conditions:

  • should not exceed 60 days
  • on non-controlled access facility only
  • commodity should be grown or produced on adjacent property.
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Application

A person who desires to sell edible agricultural products on the right of way should request approval on an Application for Use of State of Texas Right of Way for Vending (Form 2056) not fewer than seven (7) calendar days before the requested date of placement.

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