| (a) Exceptions to any provisions contained in these
sections and relating to utility accommodation shall be justified
and recommended for approval by the district engineer and authorized
by:
(1) the Right of Way Division Director using the form
entitled "Certification for Utility Accommodation" for all utility
facilities occupying the right of way under a utility joint use agreement;
or
(2) the Maintenance Division Director, when a use and
occupancy agreement, other than a utility joint use agreement, is
received for a proposed utility facility installation on an existing
highway.
(b) Requests for exceptions will be considered only
where the utility shows that extreme hardship or unusual conditions
provide justification and where alternate measures can be prescribed
in keeping with the intent of this subchapter. All requests for exceptions
must be fully documented with design data and other pertinent information.
(c) For each request for exception the utility must
clearly demonstrate that:
(1) the accommodation will not adversely affect the
safety, design, construction, operation, maintenance, or stability
of the highway;
(2) the accommodation will not be constructed or serviced
by direct access from the mainlanes of a freeway or connecting ramps;
(3) the accommodation will not interfere with or impair
the present use or future expansion of the highway; and
(4) any alternative location would be contrary to the
public interest, demonstrated by an evaluation of the direct and indirect
environmental and economic effects that would result from the disapproval
of the proposed use of the right of way.
|
| Source Note: The provisions of this §21.35 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 11, 2008, 33 TexReg 10064; amended to be effective October 12, 2014, 39 TexReg 7946 |
