Section 21.164 - Erection and Maintenance of Commercial Sign from Private Property(a) The department will not issue a permit for a commercial sign unless it can be erected and maintained from private property that the license holder accesses by: (1) a permitted driveway on a state-maintained roadway;(2) a roadway that is not state maintained; or(3) documented legal access through adjoining private property.(b) If, after a permit is issued, the department finds evidence that the license holder accessed private property on which the sign is located by means other than one listed in subsection (a) of this section, the department will cancel the permit under § 21.174 of this subchapter (relating to Cancellation of Permit). This section does not apply to the maintenance of a sign that is on railroad right of way and to which § 21.168(a) of this subchapter (relating to Continuance of Nonconforming Signs) applies if: (1) crossing the state's right of way line is the only available access to the sign; and(2) the permit holder notifies and obtains approval of the department before accessing the sign for maintenance.43 Tex. Admin. Code § 21.164
The provisions of this §21.164 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668; Amended by Texas Register, Volume 43, Number 10, March 9, 2018, TexReg 1456, eff. 3/14/2018; Adopted by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6265, eff. 9/1/2024