ELECTRONIC BILLBOARD RULES BECOME EFFECTIVE IN JUNE
Earlier this year, the Texas Transportation Commission adopted rule changes that permit electronic (typically, light-emitting diode or “LED”) billboards on state highways within a city’s limits or extraterritorial jurisdiction, subject to the city’s written consent.
The rules become effective on June 1, 2008, and make clear that, for an existing sign to be upgraded to an electronic sign, the applicant must receive permission from the regulating city. However, some may still question whether a city may withhold written consent absent an ordinance that expressly regulates or bans LED billboards. Accordingly, many cities have amended their sign ordinances to expressly prohibit LED billboards. In addition, some cities with an outright ban on all new billboards have supplemented their ordinances with language that addresses LED billboards.
Cities that decide to regulate or prohibit electronic billboards should consult with local legal counsel to ensure that appropriate changes are added to their sign ordinances. Please contact the TML Legal Department at 512-231-7400 or at legal@tml.org with questions.