(a) Permit.
(1) A permit is required before:
(A) the construction of an access connection; or
(B) a material change in the use of a permittee's real
property, traffic volume for the access connection, or vehicle types
using the access connection, that would result in the application
of more stringent requirements under the department's access management
standards than are applicable to the existing approved access connection.
(2) The permit provides for a definite understanding
as to the location and manner in which the access connection will
be constructed and maintained.
(3) No term or condition of a permit will be construed
to grant, convey, or extinguish an interest in real property held
by either the state or a permittee.
(b) Permit requirements.
(1) The permit will include the terms, conditions,
and attachments for driveway design and location plans that are prescribed
by the director and the district engineer in order to ensure compliance
with the access management standards and to protect and preserve the
state highway system and the safety, health, and welfare of its use
by the traveling public.
(2) Permits will be issued in accordance with the access
management standards and all applicable state and federal laws, including
rules and regulations. Access connection spacing, materials, geometrics,
accessibility, and other design specifications will be considered,
as well as the impact on drainage and hydraulics, utility location
or relocation, and the environment that will result from the requested
construction of an access connection.
(3) An engineering study may be required to assist
in the permit evaluation process.
(4) The district engineer, or the district engineer's
designee, will approve each request for a permit that conforms with
the standards listed in the department's Access Management Manual
and all applicable laws. A decision denying a request for access to
a specific location must be in writing, include the reasons for the
denial, and be signed by the district engineer.
(c) Access Management Standards. Chapter 2, Access
Management Standards, of the department's Access Management Manual,
governs the standards, criteria, and specifications for the location,
design, construction, and maintenance of all access connections. Chapter
2, Access Management Standards is available online at the Texas Department
of Transportation web site. That chapter may be periodically revised
and updated by the department, provided that the revisions and updates
are first approved by written order of the commission. The web site
will reflect each change approved by the commission and the changes
will be applicable to applications for permits filed after the effective
date of such a change.
(d) Design.
(1) The design for the construction of an access connection
is the responsibility of the permittee. The design must be accomplished
in a manner and to the standards described in subsection (b) of this
section.
(2) The location and manner in which the construction
of an access connection will be performed within the right of way
must be reviewed and approved by the department.
(e) Variance.
(1) A variance to any requirement contained in the
access management standards may be granted if justified in accordance
with this subsection and approved by the district engineer, or the
district engineer's designee.
(2) A request for a variance will be considered only
if the property owner or its authorized representative demonstrates
that undue hardship or unusual conditions provide justification and
alternate measures can be prescribed in keeping with the intent of
this subchapter. All requests for a variance must be fully documented
with design data and other pertinent information.
(3) For each request for a variance, the property owner,
or the owner's authorized representative, must clearly demonstrate
that:
(A) a significant negative impact to the owner's real
property or its use will likely result from the denial of its request
for the variance, including:
(i) the loss of reasonable access to the property;
or
(ii) undue hardship on a business located on the property;
or
(B) an unusual condition affecting the property exists
that was not caused by the property owner and justifies the request
for the variance.
(4) When the property owner or its authorized representative
satisfies the requirement of paragraph (3) of this subsection, the
requested variance will be approved unless the district engineer determines
that the location, design, and construction of the requested access
connection will:
(A) adversely affect the safety, design, construction,
mobility, efficient operation, or maintenance of the highway; or
(B) likely impair the ability of the state or the department
to receive funds for highway construction or maintenance from the
federal government.
(5) Reasonable conditions for approval of a variance,
including a requirement for alternate measures, may be prescribed
by the department in order to minimize any adverse impact on the safety,
design, construction, mobility, efficient operation, or maintenance
of the highway.
(f) Platted access points.
(1) Platted access points that are located on undeveloped
property are subject to the access management standards in effect
on the date that the subdivision plat or replat was properly recorded
if:
(A) development of the tract of real property to be
served by the permit commences, and the request for a permit at a
platted access point location is submitted to the department, before
the fifth anniversary of the date that the subdivision plat or replat
was properly recorded; and
(B) any material changes to the design of the highway
facility in the vicinity of the platted access points after the date
that the subdivision plat or replat was properly recorded do not significantly
impact traffic patterns to the extent that the platted access points
present a threat to public safety.
(2) Platted access points that are located on undeveloped
property to which paragraph (1) of this subsection do not apply, are
subject to the access management standards in effect on the date that
the request for the permit is submitted to the department.
(g) Remodeled business. The remodeling or demolition
and rebuilding of a business structure or improvement on a permittee's
real property do not require a new permit or the application of more
stringent access management standards than are applicable to the approved
access connection, unless the district engineer makes an affirmative
finding that the remodeled or rebuilt structure or improvement will
significantly impact traffic patterns to the extent that the existing
access connection location presents a threat to public safety. The
finding of significant impact and threat to public safety must be
in writing and include the reasons for the finding. To the extent
this subsection conflicts with the requirement in subsection (a) of
this section for a new permit related to a material change in the
use of the permitted real property, this subsection controls.
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