PROPOSED TXDOT RULES ALLOW ELECTRONIC BILLBOARDS IN CITIES
Recently proposed rule changes by the Texas Department of Transportation (TxDOT) will redefine lighted billboards in a manner that will permit electronic (typically LED) billboards on state highways in certain areas. These electronic billboards, which may not flash or show moving pictures, would be permitted only on state highways inside city limits or within a city’s extraterritorial jurisdiction (ETJ) if the city regulates billboards in its ETJ. Electronic billboards would not be permitted in areas of the state outside of a city or a city’s ETJ. Under the proposed rules, electronic billboards may be installed only if the city has approved the billboard by permit or other written permission. It is unclear in the rules, however, whether the city permit referred to is one specifically for new or upgraded electronic signs, or includes previously-issued standard billboard permits. Another issue that is unclear in the draft rules is whether TxDOT will issue permits for signs that are conforming under state law but are non-conforming under a city ordinance.
A complete copy of the proposed rules may be read here: http://www.dot.state.tx.us/publications/commission/2007_meetings/minute_orders07/aug23/6a(4).pdf. TxDOT will hold a public hearing on the rules at 9:00 a.m., November 28, 2007, in the first floor hearing room of the Dewitt C. Greer State Highway Building, 125 East 11th St., Austin, Texas. Registration for anyone interested in commenting begins at 8:30 a.m. Written comments may be submitted until 5:00 p.m. December 6, 2007, to John Campbell, Director, Right of Way Division, Texas Department of Transportation, 125 East 11th St., Austin, Texas 78701-2483.
The League has not adopted an official position on these new LED billboard rules. If you have any questions regarding these proposed rules or how to comment on the rules, please contact the TML Legal Department at (512) 231-7400 or at legal@tml.org.