Permit Required for Billboard Removal, City Attorney Explains

Richard Rothfelder outlines the legal rationale behind municipal regulations on taking down billboards.

Apr. 14, 2026 at 7:05am

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A close-up photograph of a single metal billboard pole section standing upright on a clean white background, the smooth industrial texture and dramatic side lighting creating a sense of the technical challenges involved in safely taking down a billboard.A minimalist studio photograph captures the industrial materials and dramatic lighting involved in the complex process of billboard removal.Houston Today

Richard Rothfelder, a city attorney and partner at the law firm Rothfelder & Falick, explains why cities and states can legally require permits and fees for the removal of billboards. He argues that such regulations are necessary to ensure public safety and that permit fees must be reasonable to cover the costs of oversight, not just serve as revenue generators for local governments.

Why it matters

Billboard removal can be a complex and potentially hazardous process, involving heavy equipment and crews. Cities have a legitimate interest in regulating this activity to protect public welfare, but must balance that with not overcharging for permits. This issue has been the subject of legal disputes, making Rothfelder's perspective as both an industry lawyer and city attorney particularly insightful.

The details

Rothfelder notes that governmental entities can enact and enforce land use regulations, as long as they are consistent with public health, safety, and moral welfare. He argues that the removal of a deeply embedded billboard, often requiring cranes, trucks, and crews, should be regulated to ensure surrounding safety. Cities can therefore impose permit and license fees to cover the costs of overseeing this process, but those fees must be 'reasonable' and not simply a way to raise revenue, per a 1994 Texas court ruling.

  • This article was published on April 14, 2026.

The players

Richard Rothfelder

A partner at the law firm Rothfelder & Falick who serves as a city attorney for several municipalities in Texas, providing his perspective on the legal rationale behind municipal regulations on billboard removal.

City of Houston

A city in Texas that was involved in a 1994 court case regarding the reasonableness of permit fees for billboard regulations.

Harris County Outdoor Advertising Association

An organization that was involved in the 1994 court case against the City of Houston regarding permit fees for billboard regulations.

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What they’re saying

“Governmental entities, including cities and states, are authorized to enact and enforce land use and other regulations, as long as they are consistent with the 'health, safety, and moral welfare of the citizens'.”

— Richard Rothfelder, City Attorney and Partner, Rothfelder & Falick

“According to the 1994 Texas appellate court case of City of Houston vs Harris County Outdoor Advertising Association, a permit fee is unreasonably excessive if it is 'more than reasonably necessary to cover the cost of granting the license and of exercising the proper police regulation.'”

— Richard Rothfelder, City Attorney and Partner, Rothfelder & Falick

What’s next

The article does not mention any specific future events or next steps related to this story.

The takeaway

This case highlights the balance cities must strike between regulating billboard removal for public safety and not overcharging for permits in a way that becomes a revenue-generating tactic. The legal precedent requires permit fees to be reasonable and directly tied to the costs of oversight, not just a way for municipalities to raise funds.