Title TN, Transportation Code

Sec. 394.005. DISPOSITION OF FEES. Money the commission receives under this chapter shall be deposited to the credit of the state highway fund. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 46, eff. S…

Sec. 394.006. COMPLAINTS; RECORDS. (a) The commission by rule shall establish procedures for accepting and resolving written complaints related to signs under this chapter. The rules must include: (1) a process to make information available describing the department's procedures …

Sec. 394.0201. ERECTING OFF-PREMISE SIGN WITHOUT LICENSE; OFFENSE. (a) A person commits an offense if the person wilfully erects or maintains an off-premise sign on a rural road without a license under this subchapter. (b) An offense under this section is a misdemeanor punishable…

Sec. 394.0202. ISSUANCE AND PERIOD OF LICENSE. (a) The commission shall issue a license to a person who: (1) files with the commission a completed application form within the time specified by the commission; (2) pays the appropriate license fee; and (3) files with the commission…

Sec. 394.0203. LICENSE FEE. The commission may set the amount of a license fee according to a scale graduated by the number of off-premise signs owned by the license applicant regulated under this chapter and commercial signs owned by the applicant regulated under Chapter 391. Ad…

Sec. 394.0204. SURETY BOND. (a) The surety bond required of an applicant for a license under Section 394.0202 must be: (1) in the amount of $2,500 for each county in the state in which the person erects or maintains an off-premise sign; and (2) payable to the commission for reimb…

Sec. 394.0205. RULES; FORMS. (a) The commission may adopt rules to implement Sections 394.0201(a), 394.0202, 394.0203, 394.0204, and 394.0206. (b) For the efficient management and administration of this chapter and to reduce the number of employees required to enforce this chapte…

Sec. 394.0206. REVOCATION OR SUSPENSION OF LICENSE; APPEAL. (a) The commission may revoke or suspend a license issued under this subchapter or place on probation a license holder whose license is suspended if the license holder violates this chapter or a rule adopted under this c…

Sec. 394.0207. APPLICABILITY OF LICENSE. In addition to authorizing a person to erect or maintain an off-premise sign, a license issued under this chapter authorizes a person to erect or maintain a commercial sign under Chapter 391. Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (…

Sec. 394.021. ERECTING OFF-PREMISE SIGN WITHOUT PERMIT; OFFENSE. (a) A person commits an offense if the person erects an off-premise sign unless the person first obtains a permit under this subchapter from the commission. (b) Except as otherwise authorized by this chapter, the co…

Sec. 394.022. ISSUANCE OF PERMIT. (a) The commission shall issue a permit to a person: (1) whose application complies with commission rule; (2) whose sign, if erected, would comply with the requirements of this chapter; and (3) who, if the off-premise sign is located within the j…

Sec. 394.023. TIME OF PERMIT. A permit is valid for one year. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 394.024. BOND. (a) The commission by rule may require an applicant for a permit to file with the commission a surety bond or other security in a reasonable amount. (b) The bond or other security must be payable to the commission to reimburse the commission for the cost of re…

Sec. 394.025. FEE. (a) The commission by rule shall prescribe a fee to issue a permit in an amount the commission determines is sufficient to enable the commission to recover the costs of enforcing this chapter. (b) A political subdivision of this state or its designated agent is…

Sec. 394.026. REVOCATION OF PERMIT; APPEAL. (a) The commission may revoke a permit if the permit holder violates this chapter or a rule adopted under this chapter. (b) A person whose permit is revoked may appeal the revocation not later than the 15th day after the date of the rev…

Sec. 394.027. DENIAL OF PERMIT; APPEAL. The commission may create a process by which an applicant may appeal a denial of a permit under this subchapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. September 1, 2011.

Sec. 394.028. FEE AMOUNTS. The license and permit fees required by this subchapter may not exceed an amount reasonably necessary to cover the administrative costs incurred to enforce this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 49(a), eff. Septemb…

Sec. 394.029. EXCEPTIONS FOR CERTAIN NONPROFIT ORGANIZATIONS. (a) The combined license and permit fees under this subchapter may not exceed $10 for an off-premise sign erected and maintained by a nonprofit organization in a municipality or a municipality's extraterritorial jurisd…

Sec. 394.041. HEIGHT RESTRICTIONS. (a) An on-premise or off-premise sign may not be higher than 42-1/2 feet, excluding a cutout that extends above the rectangular border, measured from the highest point on the sign to the grade level of the road from which the sign is viewed. (b)…

Sec. 394.042. FACE RESTRICTIONS. (a) The face area of an on-premise sign may not be larger than 400 square feet, including a cutout but excluding an upright, trim, or apron. (b) The face area of an off-premise sign may not be larger than 672 square feet, excluding a cutout, uprig…

Sec. 394.043. WIND LOAD PRESSURE RESTRICTIONS. (a) An on-premise or off-premise sign must be designed to resist wind loads as follows: (b) Under this section, the height of a sign is measured above the average level of the ground adjacent to the structure. Acts 1995, 74th Leg., c…

Sec. 394.044. REPLACEMENT OR REPAIR. (a) A sign or a substantial part of a sign that is blown down, destroyed, taken down, or removed for any purpose other than for maintenance or for changing a letter, symbol, or other matter on the sign may not be reerected, reconstructed, or r…

Sec. 394.045. SPACE BETWEEN SIGNS. (a) An off-premise sign that has a face area of 301 square feet or more may not be erected within 1,500 feet of another off-premise sign on the same side of the road. (b) An off-premise sign that has a face area of 100 or more but less than 301 …

Sec. 394.046. COMPUTING FACE AREA OF CERTAIN SIGNS. Each face area of a double-faced, back-to-back, or V-type sign is considered to be a separate sign for the purpose of computing the face area under Section 394.042 or 394.045. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1,…

Sec. 394.047. NUMBER OF SIGNS. A business may not maintain more than five on-premise signs for each frontage on a single road at a single business location. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 394.048. REGISTRATION OF CERTAIN OFF-PREMISE SIGNS. (a) The owner of an off-premise sign erected before September 1, 1985, and registered with the commission before December 31, 1985, may renew the registration of the sign for an annual fee of $10. (b) The commission by rule…

Sec. 394.049. PORTABLE SIGNS. A person may not place a portable sign on the property of another person without first obtaining written permission from the owner of the property or the owner's authorized agent. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 394.050. VARIANCE. The commission or a person designated by the commission, in an appropriate case and subject to an appropriate condition or safeguard, may make a special exception to this chapter regarding a permit for an off-premise outdoor sign on a rural road. Acts 1995…

Sec. 394.051. BOND FOR CERTAIN BUSINESSES. (a) A person who is engaged primarily in the business of erecting signs that advertise companies located or products sold on the premises on which the signs are erected must file with the commission a surety bond in the amount of $100,00…

Sec. 394.061. OFF-PREMISE PORTABLE SIGNS. (a) In a county with a population of 3.3 million or more, the commissioners court of the county may: (1) prohibit off-premise portable signs in the unincorporated area of the county; or (2) regulate the location, height, size, and anchori…

Sec. 394.062. CONFLICT WITH OTHER LAWS. (a) A county prohibition or regulation adopted under Section 394.061 prevails over a state law or rule if there is a conflict. (b) A municipal sign ordinance that has been extended to territory in the municipality's extraterritorial jurisdi…

Sec. 394.063. ON-PREMISE SIGNS. (a) The commissioners court of a county with a population of more than 3.3 million or of a county that borders a county with that population may regulate, in the unincorporated area of the county, the location, height, size, and anchoring of on-pre…

Sec. 394.081. CIVIL PENALTY. (a) In lieu of being subject to a criminal penalty, a person who intentionally violates this chapter or a rule adopted by the commission under this chapter may be liable for a civil penalty of not less than $150 or more than $1,000 for each violation,…

Sec. 394.082. ADMINISTRATIVE PENALTY. (a) In lieu of a suit to collect a civil penalty, the commission, after notice and an opportunity for a hearing before the commission, may impose an administrative penalty against a person who violates this chapter or a rule adopted by the co…

Sec. 394.083. REVOCATION OF PERMIT IN ADDITION TO OTHER PENALTY. (a) A court shall order the revocation of the permit issued under Section 394.022 that a person holds for a location at which a violation under this chapter occurs if it is shown at the trial of the person for the c…

Sec. 394.084. VIOLATIONS OF REGULATIONS OR PROHIBITIONS IMPOSED BY POPULOUS COUNTIES ON OFF-PREMISE PORTABLE SIGNS. (a) If a county adopts a prohibition or regulation under Section 394.061, the attorney representing the county in district court may seek injunctive relief to preve…

Sec. 394.085. VIOLATIONS OF REGULATIONS OR PROHIBITIONS IMPOSED BY POPULOUS COUNTIES ON ON-PREMISE SIGNS. (a) If a county adopts a prohibition or regulation under Section 394.063, the attorney representing the county in district court may seek injunctive relief to prevent the vio…

Sec. 394.086. ADMINISTRATIVE PENALTY FOR VIOLATION OF ON-PREMISE SIGN REGULATIONS IN POPULOUS COUNTIES. (a) The commissioners court of a county with a population of more than 3.3 million or of a county that borders a county with that population may authorize a county employee to …

Sec. 394.087. INJUNCTION. (a) A sign that is erected in violation of this chapter is a public nuisance. (b) On written notice by certified mail from the department or the county, an owner of a sign that is a public nuisance under Subsection (a), or the owner of the property on wh…