(a) The department may consider a sign abandoned and cancel the sign's permit if:
  (1) the sign face is blank or without legible advertising or copy for a period of 365 consecutive days or longer; or
  (2) the sign needs to be repaired or is overgrown by trees or other vegetation.
(b) Small temporary signs, such as garage sale signs or campaign signs, that are attached to the structure do not constitute legible advertising or copy for the purpose of ending the period under subsection (a)(1) of this section.
(c) The department will not consider the payment of property taxes or the retention of a sign as a balance sheet asset in determining whether the sign permit should be canceled under this section.
(d) The department may initiate the cancellation process if the department has evidence that supports the fact that the sign face has been blank or has been without legible advertisement or copy for 365 days, such as photographs showing that, on at least four dates throughout the 365-day period, the sign was in the same condition or was degrading. Evidence is not required for each of the 365 days.
(e) If the location of the abandoned sign is allowed under this subchapter, the department may issue a permit for the sign site to anyone who submits an application that meets the requirements of this subchapter. The department will not issue a permit for an abandoned sign that is located in a place that does not meet the requirements of this subchapter.
(f) For the purposes of this section "copy" includes any advertisement that the sign is available for lease.
(g) A multi-face sign is not abandoned unless all sign faces may be considered abandoned under this section.
(h) Before initiating the cancellation process under this section, the department will provide notice to the sign owner and land owner as identified on the permit application of the abandonment determination and allow the sign owner 60 days to correct the issue.

Source Note: The provisions of this §21.427 adopted to be effective July 1, 2011, 36 TexReg 2418