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In Texas, any person (developer) may need a Permit to Construct Access Connections to State Highways from the [[Texas Department of Transportation]] (TxDOT) to construction access connections to state highways. [[TAC Title 43 Transportation 11.50-58|TX. Admin. Code. §43.11.50]]. An access connection is defined as “facility for entry and/or exit such as a driveway, street, road, or highway that connects to a highway on the state highway system.” [[TAC Title 43 Transportation 11.50-58|TX. Admin. Code. §43.11.51]]. Developers seeking to construct or modify any access facility must submit an [[Application for Permit to Construct Access Driveway Facilities on Highway ROW]], receive approval, and adhere to the terms of the permit.
TxDOT controls access connections to state highways and other public rights-of-way (ROW) pursuant to [[TAC Title 43 Transportation 11.50-58|43 Tex. Admin. Code §§ 11.50-11.58]].
Overview of the permit or section being discussed.
==3-TX-j.1 – Application for Permit to Construct Access Driveway Facilities on Highway ROW==
Developers must submit an [[Application for Permit to Construct Access Driveway Facilities on Highway ROW]] to the appropriate District Office along with proof of an interest in the property to which access is requested. The TxDOT may require an engineering study to assist in the permit evaluation process. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.52(b)(3)]]. In addition, developers should consult with the [[TxDOT Access Management Manual]] for design criteria and other standards used by the TXDOT for evaluating permits. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.52(c)]].
==3-TX-j.2 to 3-TX-j.3 – Review Application Materials for Completeness==
The District Engineer within the TxDOT will review substantive applications. If the application is incomplete for any reason, the TxDOT will notify the developer and the developer will have an opportunity to re-submit.
==3-TX-j.4 – Does the TXDOT Approve the Permit?==
The TxDOT will make the final determination concerning new access connections and may consider the findings of the engineering study, the mobility and safety of the highway system, and any other relevant factors. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.53(b)]].
==3-TX-j.5 – Permit to Construct Access Driveway Facilities on Highway ROW==
If approved, the TxDOT prepares and transmits the permit to the developer along with any additional terms and conditions established by the District Engineer. The permit must comply with standards in the [[TxDOT Access Management Manual]] to protect and preserve the state highway system and the safety, health, and welfare of its use by the traveling public. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.52(b)(1)]].
==3-TX-j.6 – Permit Denial==
If not approved, the District Engineer prepares and transmits a written notice of denial, including reasons for the denial, to the developer. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.52(b)(4)]].
==3-TX-j.7 – Does the Developer Choose to Appeal the Denial?==
If denied, the developer can appeal the denial by submitting a written appeal to the director of the TxDOT.[[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(a)(4)]]. If the developer does not appeal, the process ends.
==3-TX-j.8 – Appeal Decision==
The developer must file the appeal within 30 days of receipt of the written notice of denial. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(b)]]. The appeal must:
*Be in writing;
*Completely and succinctly state the grounds for appeal and its factual basis; and
*Include sufficient factual documentation, such as drawings, surveys, or photographs, to establish the merits of the appeal.
[[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(c)]].
The applicant has the burden of establishing that the TXDOT incorrectly applied its access connection requirements to the applicable facts. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(d)]]. Within 90 days of receiving the petition for appeal, the director will issue a written decision approving or disapproving the appeal. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(e)]]. If the director does not issue a decision within 90 days, the appeal is considered granted. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(e)]].
If the director denies the appeal, the developer may continue with the appeal process by submitting a similar written appeal to the executive director of the TxDOT. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(f)]]. The executive director will issue a decision on the appeal within 30 days after receipt of the appeal. If the executive director denies the appeal, the developer may submit a final appeal to be heard by a board of variance. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(g)]]. The board of variance will hold a meeting, allow the developer the opportunity to present facts and evidence supporting the appeal, and issue a final written decision within 10 days following the meeting. [[TAC Title 43 Transportation 11.50-58 | 43 Tex. Admin. Code § 11.55(g)]].
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[[TxDOT Access Management Manual|Texas – Texas Department of Transportation Access Management Manual]];
[[Application for Permit to Construct Access Driveway Facilities on Highway ROW|Texas – Application for Permit to Construct Driveway Facilities on Highway ROW]];
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[[TAC Title 43 Transportation 11.50-58|Texas – 43 Tex. Admin. Code §§ 11.50-11.58, Access Connections to State Highways]]
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