Is anyone familiar with Transportation Code Chapter 394 and how it's actually being used in unincorporated areas?
This chapter seems to apply, in part, to the so-called board sign. Is this correct? There are dozens of these in my area, some on private property, some on public right of way.
Recently, I spoke to a developer/land owner about the board signs located on his property. Unfortunately, he was unwilling to remove the 10 board signs even though no one sought or obtained his permission for their installation. (That being the case, it's pretty unlikely a permit exists.)
Does Chapter 394 apply to these signs? If so, isn't the land owner liable for violations under 394? Can Chapter 394 be used to bring about a judicial proceeding against the land owner in this instance? If so, does anyone know the process involved and where a proceeding would be brought? Would a county be obligated to enforce the provisions of this chapter? How?
#1. "RE: Chapter 394 - Transportation Code" In response to Reply # 0
TXDOT has broken the state into approximately 25 regions- each with its own local office. Go to http://www.dot.state.tx.us/localinfo/localinfo.htm, where you enter your county, and they return the local office info. Call and ask for the person responsible for sign enforcement. Generally, that person will seem helpful, but they almost never seem to get much done. See what they have to say. If you aren't satisfied, ask for the District Engineer. That is the person in charge of highways in the district. They have always given straight answers about sign enforcement when I have called. But generally, sign enforcement is way down their list of priorities, except for the I-45 area north of Houston.
Let us know what they say.
Also, as been mentioned here before, call your county commissioners and ask about sign enforcement in your county.
#2. "RE: Clarification Chapter 394 - Transportation Code" In response to Reply # 0
I'm specifically looking for information about how Chapter 394 applies to county controlled, unincorporated areas, rather than areas along state highways.
If unpermitted signs have been erected on private property, with or without the landowner's permission, and the landowner does nothing about it, is Chapter 394 the basis for and is it enough to take the landowner to court?
