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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER CUTILITY ACCOMMODATION
RULE §21.40Underground Utilities

        (III) near another hazardous location.

      (iv) Unless the line is encased, installation shall be accomplished by boring a hole the same diameter as the line. The annular void between a drilled hole and the line or casing shall be filled with a material approved by the district to prevent settlement of any part of the highway facility over the line or casing.

    (C) Installation. Lines may be placed by plowing or open trench method and shall be located on uniform alignment with the right of way and as near as practical to the right of way line to provide space for possible future highway construction and for possible future utility installations.

    (D) Multiple conduits.

      (i) Shared conduits. When an existing utility rents, leases, or sells conduit usage to another utility, the new utility and the conduit owner must jointly submit a use and occupancy agreement before placement of a new line within the conduit.

      (ii) Additional conduits. No more than two additional empty conduits may be added for every full conduit line, unless otherwise approved by the district.

    (E) Aboveground appurtenances.

      (i) Aboveground pedestals or other utility appurtenances installed as a part of an underground communication line shall be located at or near the right of way line, so as not to impede highway maintenance or operations.

      (ii) Large equipment housings. Structures that are larger in plan view than single poles may be placed on the right of way if:

        (I) the installation will not hinder highway maintenance operations;

        (II) the housing will be placed at or near the right of way line;

        (III) the installation will not reduce visibility and sight distance of the traveling public;

        (IV) the dimensions of the housing are minimized, particularly where the need to allow space for highway improvement and accommodation of other utility lines is apparent;

        (V) outside width, length (longitudinal), and height dimensions of the aboveground portion of the housing do not exceed 36 inches, 60 inches, and 54 inches respectively;

        (VI) the supporting slab does not project further than three inches above ground line, nor extend further than 12 inches on either side of the housing structure; and

        (VII) the installation will be compatible with adjacent land uses.

    (F) Abandonment. Underground communication lines may be abandoned in place at the discretion of the district.


Source Note: The provisions of this §21.40 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

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