The Common Law

I want to have a cool mural painted on the side of the building where I work. Do we need to get permission from the city of Austin to paint the mural or can we just do it?

One of the many things that helps keep Austin weird are the cool, artistic murals located all around town. But does the city of Austin regulate these murals? And if you want to create a mural, do you need to get a permit from the city? The answer depends, at least in part, on whether the mural is an advertisement, building sign, or simply artistic (noncommercial) in nature.

Building signage is heavily regulated by Austin City Code Chapter 25-10, titled "Sign Regulations." This section of the city code provides numerous regulations for installing and displaying signs. So, if your mural is essentially a sign for your business, it's very likely that you will need to comply with city of Austin signage rules.

However, there is an exemption for decorative features of buildings that are not for advertising. Specifically, Title 25, Chapter 25-10, Article 1, subsection 4 of the code exempts from regulation "decorative or architectural features of buildings ... which do not include lettering, trademarks, or moving parts and which do not perform a communicative function." While it is not entirely clear if this language alone would exempt art murals from regulation, the city of Austin has also posted on its Land Development Code FAQ page that art murals are exempt from commercial signage regulation.

Even if your project is noncommercial and may be exempt from regulation by the city, there could still be reasons to consult and comply with city code. For example, if the building is in a historic district, property owners are well advised to consult with city staff to see if the building modification is permissible, as historic buildings are subject to different standards than regular buildings.

links (added by jfl)