(a) Except as provided by this subsection and subsections (f) and (g) of this section, a commercial sign may not be erected that exceeds an overall height of 42-1/2 feet. If the legislature does not establish a maximum overall height of commercial signs before September 3, 2019, effective September 3, 2019, a commercial sign may not be erected that exceeds an overall height of 85 feet.
(b) A roof sign that has a solid sign face surface may not at any point exceed 24 feet above the roof level.
(c) A roof sign that has an open sign face in which the uniform open area between individual letter or shapes is not less than 40 percent of the total gross area of the sign face may not at any point exceed 40 feet above the roof level.
(d) The lowest point of a projecting roof sign or a wall sign must be at least 14 feet above grade.
(e) For the purposes of this section, height is measured from the department's determination of grade level of the centerline of the main-traveled way closest to the sign face, at a point perpendicular to the sign location. A frontage road of a controlled access highway or freeway is not considered the main-traveled way for purposes of this subsection. In the event that the main-traveled way that is perpendicular to the sign structure is below grade, sign height will be measured from the base of the sign structure.
(f) The height measurement does not include any renewable energy device such as solar panels or wind turbines that are attached to the sign structure above the sign face to improve the energy efficiency of the sign structure.
(g) In accordance with Transportation Code, Section 391.038, a sign that existed on March 1, 2017, and that satisfies the requirements of Section 391.038, may be rebuilt, without obtaining a new or amended permit from the department, at the location where the sign existed on March 1, 2017, and at a height that does not exceed the height of the sign on that date. A sign structure described by this subsection must otherwise comply with this subchapter.

Source Note: The provisions of this §21.189 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective October 12, 2014, 39 TexReg 7954; amended to be effective March 14, 2018, 43 TexReg 1446