43 Tex. Admin. Code § 21.188 - Destruction of Vegetation and Access from Right of Way Prohibited

(a) A person may not:

(1) trim or destroy a tree or other vegetation on the right of way for any purpose related to this subchapter; or

(2) erect or maintain a sign from the right of way.

(b) The department will deny a permit application or cancel an existing permit under § 21.174 of this subchapter (relating to Cancellation of Permit) if the permit holder, or someone acting on behalf of the permit holder, violates this section.

(c) Subsection (a)(2) of this section does not apply to the maintenance of a sign if:

(1) the state right of way is the only available access for a sign on railroad right of way to which § 21.168(b) of this subchapter (relating to Continuance of Nonconforming Commercial Signs) applies; and

(2) the sign owner notifies the department and obtains approval of the department before accessing the sign for maintenance.

(d) It is not a violation to trim the portion of the tree or vegetation that encroaches onto private property at the private property line as long as the trimming occurs from the private property.

Notes

43 Tex. Admin. Code § 21.188

The provisions of this §21.188 adopted to be effective July 1, 2011, 36 TexReg 2418; 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