Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 21 - RIGHT OF WAY
Subchapter I - REGULATION OF SIGNS ALONG INTERSTATE AND PRIMARY HIGHWAYS
Division 1 - SIGNS
Section 21.163 - Commercial or Industrial Activity

Universal Citation: 43 TX Admin Code § 21.163

Current through Reg. 50, No. 13; March 28, 2025

(a) For the purposes of this subchapter, a commercial or industrial activity is an activity:

(1) that is customarily allowed only in a zoned commercial or industrial area;

(2) that is conducted in a permanent building or structure that:

(A) is permanently affixed to real property that is located within 200 feet of the right of way of the regulated highway;

(B) is visible from the traffic lanes of the main-traveled way;

(D) is open and conducting business at the site;

(E) the activity has available to it permanent functioning utilities that are typically associated with a commercial or industrial activity; and

(F) the activity has available to it directly related equipment, supplies, or services.

(b) For the purposes of this section, a building or structure is permanently affixed if:

(1) it has an attached septic field, is attached to a sewer system, or is considered to be real property by the county appraisal district; or

(2) it has anchoring straps or cables affixed to the ground using pier footing and it has no attached wheels or towing device, such as hitch or tongue.

(1) agricultural, forestry, ranching, grazing, farming, and related activities, including the operation of a temporary wayside fresh produce stand;

(2) an activity that is conducted only seasonally;

(3) the operation or maintenance of:

(A) a commercial sign;

(B) an apartment house or residential condominium; or

(D) a cemetery; or

(E) a place that is primarily used for worship;

(4) an activity that is conducted on a railroad right of way; or

(5) an activity that is created primarily or exclusively to qualify an area as a commercial or industrial area.

(d) For the purposes of this section, a building is not predominantly used as a residence if more than 50 percent of the building's square footage is used solely for a business activity.

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