(a) The department will consider permit applications
in the order of the receipt of the applications.
(b) If an application is rejected because it is not
complete or has incorrect information, the application loses its priority
position and a copy of the application will be sent to the applicant
outlining the reasons the application was rejected.
(c) The department will hold an application that is
for the same site as or a conflicting site with that of an application
that the department previously received until the department makes
a final decision on the previously received application. The department
will notify the applicant that the applicant's application is being
held because an application for the same or a conflicting site was
previously received. For the purposes of this subsection, the date
of a final decision on an application is:
(1) the date of the final decision on an appeal under §21.418
of this subchapter (relating to Appeal Process for Permit Denials);
or
(2) if an appeal is not filed within the period provided
by §21.418 of this subchapter, on the 46th day after the date
the denial notice was received under §21.413 of this subchapter
(relating to Decision on Application).
(d) The department will review the permit application
for completeness, correctness, and compliance with all requirements
of this subchapter. Measurements will be taken at the site to determine
if the sign placement meets the spacing and location requirements.
(e) If an applicant has indicated on the permit application
that an existing sign structure that causes conflict with the new
designated sign site will be removed, the department may provide a
conditional approval in writing to the applicant if all other requirements
of this subchapter are met.
Source Note: The provisions of this §21.412 adopted to be effective July 1, 2011, 36 TexReg 2418; amended to be effective June 19, 2014, 39 TexReg 4668