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Posted on: December 17, 2021

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Political and Campaign Sign 

(FAQ Sheet)

 

1. Regulation of Political Signs by the City of Fair Oaks Ranch (Municipality):                                                                                                                                                        Governed by Section 259.003 of the Texas Election Code and Section 10.4 (1) n, of The Unified Development Code (below).

  • Governed by Section 259.003 of the Texas Election Code  
    1. For a sign that contains primarily a political message and that is located on private property with the consent of the property owner, a municipality cannot:
      • Prohibit the sign from being placed
      • Require a permit or approval of the municipality or impose a fee for the sign to be placed
      • Restrict the size of the sign, or
      • Provide for a charge for removal of the sign that is greater than the charge for removal of other signs regulated by city ordinance
  • Section 10.4 (1) n, of The Unified Development Code
    1. Political and campaign signs are exempt from municipal regulation, provided that they meet the following criteria:
      • Signs are located on private property and must comply with state law pertaining to political and campaign signs
      • Signs are not located on any portion of the public right-of-way between a street or sidewalk and a property line fence.
    2. The person, party, or parties responsible for the distribution and display of signs are individually and jointly responsible for their removal

 

2. Regulation of Political Signs by Property/Homeowner’s Association

  • Governed by Section 259.002 of the Texas Election Code
  • The City of Fair Oaks Ranch does not have the authority to enforce POA/HOA restrictions & covenants
  • Adopted POA/HOA restrictions & covenants may vary from neighborhood to neighborhood
  • POA’S/HOA’s are responsible for enforcing adopted neighborhood restrictions & covenants
  • Except as otherwise provided by Section 259.002 of the Texas Election Code, POA’s/HOA’s may not enforce or adoptrestrictive covenants that prohibit a property owner from displaying on the owner’s property one or more signs advertising a candidate or measure for an election.
    1. On or after the 90th day before the date of the election to which the sign relates; or
    2. Before the 10th day after that election date

 

3. Regulation of Political Signs by the Texas Department of Transportation (TxDOT):

  • Governed by Section 393.002 of the Texas Transportation Code
  • Signs cannot be located on the right-of-way.  This includes posting signs on trees, telephone poles, traffic signs, and other objects on the right-of-way
  • Signs cannot be in a location that poses a safety hazard (e.g. blocking sight to a driveway, intersection, etc.).

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