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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

Under the provisions of Texas Administrative Code, Title 43, Rule §22.14, 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 the sale of edible agricultural commodities. The sale of edible agricultural commodities must comply with these conditions:

  • for a period not to exceed 60 days
  • within the right-of-way of a state highway other than a controlled-access facility
  • the commodity was grown or produced upon the property immediately abutting the affected right-of-way.

Note that under the Texas Transportation Code, Section 285.001, counties with a population of more than 1.3 million may regulate roadside vendors through their own permitting processes.

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Application

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

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