Public Urged to Observe Right of Way Restrictions

Contact: Kathi White

Phone: (903) 510-9267

Date: Aug. 17, 2017

TYLER – Fall garage sales and upcoming elections mean more signs going up along area roadways. The Texas Department of Transportation (TxDOT) reminds the public and election officials that it is illegal to place anything other than official traffic control signs or approved items on the right of way.

Encroachments on state highways and rights of way include any unauthorized structures, vehicles or roadside vendors that could cause damage to the roadway system, increase litter and as frequently occurs, create unsafe or hazardous conditions.

According to TxDOT, under the provisions of the Texas Administrative Code, a person may not park or place any vehicle, structure or sign wholly or in part within state right of way with the purpose of selling any item or service with the exception of certain approved applications that include edible agricultural commodities and approved event signs or banners. Other examples of approved structures granted through an application process include mailboxes, driveways, cattle guards, historical markers and memorial markers.

Other structures or signs, such as vehicles, political campaign signs, and vendor or garage sale signs are not allowed on state right of way. Utility lines, both underground and overhead, are commonly placed along TxDOT right of way to service the public.

Regarding campaign signs, restrictions require that signs be made of lightweight material and limited to 50 square feet in size. Signs may be erected no sooner than 90 days before an election and must be removed within 10 days after the election. Signs within city limits may be subject to local ordinances.

By law, TxDOT may immediately and without notice remove any sign, structure or vehicle from a highway right of way that has not been approved or authorized, and any associated costs will be at the owner’s expense. The penalty for violating this law is a fine of up to $500 per sign.

This notice is to further inform the general public that TxDOT personnel will be out enforcing this law. Any sign or object found in violation will be removed. Owners must contact their local TxDOT office to retrieve the signs.



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