(a) General. Utility facility design shall be accomplished
in a manner and to a standard acceptable to the department. The location
and manner in which a utility facility installation, adjustment, or
relocation work will be performed within the right of way must be
reviewed and approved by the department. Measures shall be taken to
preserve the safety and free flow of traffic, structural integrity
of the highway or highway structure, ease of highway maintenance,
appearance of the highway, and the integrity of the utility facility.
Utility facility installations shall conform with:
(1) the requirements of this subchapter;
(2) the National Electrical Safety Code rules for the
installation and maintenance of electric supply and communication
lines;
(3) 23 CFR Part 645, Utilities;
(4) 49 CFR Part 192, Transportation of Natural and
Other Gas by Pipeline: Minimum Federal Safety Standards;
(5) 49 CFR Part 194, Response Plans for Onshore Pipelines;
(6) 49 CFR Part 195, Transportation of Hazardous Liquids
by Pipeline;
(7) 49 CFR Part 196, Protection of Underground Pipelines
from Excavation Activity;
(8) the latest American Society for Testing and Materials
(ASTM) specifications;
(9) the latest edition of the Texas Manual on Uniform
Traffic Control Devices;
(10) 30 TAC Chapter 217, Design Criteria for Domestic
Wastewater Systems;
(11) 30 TAC §§290.38 - 290.47 (relating to
Rules and Regulations for Public Water Systems);
(12) applicable state and federal environmental regulations,
including storm water pollution prevention, endangered species, and
wetlands;
(13) applicable Railroad Commission of Texas and Texas
Commission on Environmental Quality safety regulations;
(14) applicable department Traffic Control Standards;
(15) department Standard Specifications for Construction,
Maintenance of Highway Streets and Bridges;
(16) ASCE Guideline 38-02, Standard Guidelines for
the Collection and Depiction of Existing Subsurface Utility Data;
and
(17) Broadband Accommodation Process, found in the
TxDOT Right of Way Utilities Manual, Appendix B.
(b) Location.
(1) Districts may have special provisions for utility
facility installations based on constraints, needs, and practices
in their areas.
(2) Utility facilities shall be located to avoid or
minimize the need for adjustment for future highway projects and improvements,
to allow other utilities equal access in the right of way, and to
permit access to utility facilities for their maintenance with minimum
interference to highway traffic.
(3) Longitudinal installations, if allowed, shall be
located on uniform alignments to the right of way line to provide
space for future highway construction and possible future utility
facility installations.
(4) New utility facilities crossing the highway shall
be installed at approximately 90 degrees to the centerline of the
highway.
(5) The horizontal and vertical location of overhead
utility facilities must conform with §21.41 of this subchapter
(relating to Overhead Electric and Communication Lines), consistent
with the clearances applicable to all roadside obstacles. No aboveground
fixed objects will be allowed in the horizontal clearance. Underground
utility facilities must conform to §21.40 of this subchapter
(relating to Underground Utilities).
(6) Every effort shall be made to ensure that the proposed
installation is compatible with existing and approved future utility
facilities.
(7) A utility facility on controlled access highways
or freeways shall be located to permit maintenance of the facility
by access from frontage roads, nearby or adjacent roads and streets,
or trails along or near the right of way line without access from
the mainlanes or ramps. A utility facility may not be located longitudinally
in the center median or outer separation of controlled access highways
or freeways.
(8) On highways with frontage roads, longitudinal utility
facility installations may be located between the frontage road and
the right of way line. Utility facilities may not be placed or allowed
to remain in the center median, outer separation, or beneath any pavement,
including shoulders.
(9) If a utility facility extends across a railroad's
right of way, the utility, before it may install that portion of the
of the utility facility within the railroad's and department's right-of-way,
must provide to the department a copy of the agreement that was executed
by the railroad and that authorizes the utility to install the utility
facility within the railroad's right of way.
(10) The procedures and requirements of this paragraph
apply if a longitudinal installation is proposed within existing access
denial lines of a controlled access highway or freeway without frontage
roads.
(A) The public utility or saltwater pipeline operator
seeking the installation shall submit to the district engineer a written
request that includes for each facility proposed for installation
the following detailed information:
(i) the information required by §21.35 of this
subchapter (relating to Exceptions);
(ii) survey data as directed by the department to identify
and designate the location of a utility strip, the utility strip's
relationship to existing highway facilities and the right of way line,
and the specific area of use, occupancy, and access for installation
and maintenance of the utility facility;
(iii) a plan for the utility's access to, from, and
within the utility strip with clearly described procedures that preserve
the safety and free flow of traffic on the controlled access highway
or freeway during installation, maintenance, and emergency service
or repair of the utility facility; and
(iv) any additional information, including an engineering
study requested by the department, that is reasonably necessary for
a determination of the impact of the proposed utility facility on
the safety, design, construction, operation, maintenance, and stability
of the controlled access highway.
(B) If the requested utility facility installation
meets the conditions of §21.35 of this subchapter and the other
applicable requirements of this subchapter, the department will establish
a utility strip along the outer edge of the right of way by:
(i) locating a utility-access denial line between the
proposed utility facility installation and the mainlanes and connecting
ramps; and
(ii) designating the specific area of use, occupancy,
and access for installation and maintenance of the requested utility
facility.
(C) The department may adjust the utility-access denial
line of an established utility strip to accommodate additional authorized
utility facilities within the utility strip.
(D) The utility requesting installation of the utility
facility is responsible for all costs associated with providing the
information required for designation of a new or expanded utility
strip. The utility shall delineate the utility-access denial line
on the ground by setting readily identifiable, durable, and weatherproof
permanent markers to represent or reference the corners, angle points,
and points of curvature or tangency of the utility-access denial line.
(E) All existing and proposed fences shall be located
at the freeway right of way line.
(F) Denial of access regarding property adjoining the
right of way line will not be altered.
(c) Plans. The plans must protect the public investment
in the highway, inclusive of all its components, and maintain traffic
capacity and safety for each highway user.
(1) All utility facility installations must be of durable
materials designed for long life expectancy and relatively free from
the need for routine servicing or maintenance. In addition to the
requirements of this subchapter, any existing utility facilities to
remain in place must be of satisfactory design and condition in the
opinion of the district.
(2) Utility facility installation may not disturb existing
drainage courses. In addition, soil erosion shall be held to a minimum
and sediment from the construction site shall be kept away from the
highway and drain inlets.
(3) Utility facility installations shall be planned
to minimize hazards to, and interference with, future highway projects
or other utility installations.
(4) Plans must include the design, proposed location,
vertical elevations, and horizontal alignments of the utility facility
based on survey data provided by a person registered by Texas as a
registered professional land surveyor or the department's survey data,
the relationship to existing highway facilities and the right of way
line, and location of existing utility facilities that may be affected
by the proposed utility facility.
Cont'd... |