(a) To perform customary maintenance or to make substantial changes to a commercial sign under §21.191 of this subchapter (relating to Repair and Maintenance of Commercial Signs) a permit holder must obtain an amended permit before initiating any action to the sign structure. To change the sign face of an existing permitted sign to an electronic sign under this subchapter, a permit holder must obtain an amended permit.
(b) To obtain an amended permit, the permit holder must submit an amended permit application on a form prescribed by the department. The amended permit application must provide the information required under §21.159 of this subchapter (relating to Permit Application) applicable to an amended permit and indicates the change from the information in the sign permit.
(c) The new sign face size, configuration, height, or lighting, must meet all applicable requirements of this subchapter.
(d) The holder of a permit for a nonconforming sign may apply for an amended permit to perform eligible customary maintenance under §21.191(b) of this subchapter. An amended permit will not be issued for a substantial change as described by §21.191(c) of this subchapter to a nonconforming sign.
(e) Making a change to a sign, except as provided by subsection (h) of this section, without first obtaining an amended permit is a violation of this subchapter and will result in an administrative enforcement action.
(f) The department will make a decision on an amended permit application within 60 days of the date of the receipt of the amended permit application. If the decision cannot be made within the 60 day period the department will notify the applicant of the delay, provide the reason for the delay and provide an estimate of when the decision will be made.
(g) If an amended permit application is denied, the applicant may file a request with the executive director for an appeal using the same procedures found in §21.170 of this subchapter (relating to Appeal Process for Permit Denials).
(h) If maintenance or changes authorized under this section are being made on a conforming sign because of a natural disaster, on request the department may waive the requirement that the required amended permit be issued before the work begins. If the department grants a waiver under this subsection, the permit holder shall submit the amended permit application within 60 days after the date that the work is completed. If the maintenance or changes violate this section or the permit holder fails to submit the amended permit application as required by this subsection, the sign is subject to enforcement and removal actions.
(i) An amended permit is valid for one year after the date of the department's approval of the amended permit application. If any of the changes approved in the amended permit application are not completed within one year after the date of the department's approval, the license holder must reapply to make those changes and must pay the prescribed fee. The provisions of this subchapter relating to a permit apply to the amended permit. The date of the department's approval of the amended permit application is considered to be the amended permit's date of issuance.
(j) The documentation and fee required under this section must be sent to: Texas Department of Transportation, Highway Beautification Section, P.O. Box 13043, Austin, Texas 78711-3043 or submitted to the department electronically through the process established by the department.
(k) An amended application will not be approved to change the location of a permitted sign structure.
(l) A conforming commercial sign may be modified to be an electronic sign only if an amended permit for the electronic sign is obtained from the department.

Source Note: The provisions of this §21.174 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective April 19, 2012, 37 TexReg 2687; amended to be effective June 19, 2014, 39 TexReg 4668; amended to be effective March 14, 2018, 43 TexReg 1446