(a) For highways under department jurisdiction, the
provisions of this subchapter concerning utility accommodation apply
to:
(1) new utility facility installations;
(2) additions to or maintenance of existing utility
facility installations;
(3) adjustments or relocations of utility facilities;
and
(4) existing utility facilities retained within the
right of way.
(b) The provisions of this subchapter concerning utility
accommodation do not apply to utility facilities located within the
rights of way of completed highways for which agreements with the
department were entered into before the effective date of this subchapter.
(c) This subchapter applies to utility facilities not
specifically mentioned in accordance with the nature of the utility
facility. All pipelines carrying corrosive, caustic, flammable, explosive,
or otherwise hazardous materials and saltwater pipelines, other than
a temporary saltwater pipeline approved under §21.57 of this
subchapter, shall conform to the provisions for high-pressure pipelines.
(d) The district engineer may prescribe special district
supplemental accommodation requirements on a specific installation
or adjustment based on the specific soil, terrain, climate, vegetation,
traffic characteristics, type of utility facility, or other factors
unique to the area. If the district supplemental accommodation requirements
are more strict than the minimum requirements of this subchapter,
the supplemental accommodation requirements must be detailed in writing.
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Source Note: The provisions of this §21.33 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 10, 2009, 34 TexReg 8795; amended to be effective October 12, 2014, 39 TexReg 7946; amended to be effective April 20, 2016, 41 TexReg 2777 |