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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 21RIGHT OF WAY
SUBCHAPTER CUTILITY ACCOMMODATION
RULE §21.37Design

(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...

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