TDCAA Community
can county regulate billboards??

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October 28, 2004, 11:40
Debra Mergel
can county regulate billboards??
Is there any authority for commissioners court to regulate the placement of billboards in the unincorporated areas of the county?? It seems I looked this up before, but cannot find it now.

Thanks
October 28, 2004, 16:48
LV
Depends on location as to whether in county right of way or property, but generally I do not know of any such authority as for private property.
However TxDOT along thier roads do have such power, per a recent Texas Supreme Court discussed earlier in this website on first amendment issues and Cities in the etj ares under local govt code 216.001 et seq.also have some authority. There may be some powers that are incidental to life, fire or other clear safety regulatory areas.
November 01, 2004, 10:44
J Ansolabehere
Check out the Texas Beautification Act, Tex Transp. Code ch. 341. Also TXDOT's Rule (43 TAC ch. 21, Subch. I, I think). They also refer to Transp. Code section 544.006. There are very definite rules about billboards and signs.

Janette Ansolabehere
November 01, 2004, 10:45
J Ansolabehere
Sorry, it is Transportaion Code ch. 391.

Janette Ansolabehere
November 01, 2004, 11:37
LV
Yes but the real power to regulate in these sections belongs to the state and not the county. There is also the delicate issue of the first amendment discussed in the forum "tis the Seaon" and the texas supreme court in Barber v. Galleo Smile