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Texas State Highway Right-of-Way Overview (3-TX-c)

The Texas Department of Transportation (TxDOT) district offices protect the state’s rights of way (ROWs) and facilitate and coordinate the safe and efficient operation of Texas highways. If a project will encroach on existing state ROWs, the district engineers from each district have authority to approve permits for the construction of utility facilities within a state ROW as well as construction, relocation or modification of a driveway facility (access point) on highway ROWs.

State Highway Right-of-Way Overview Process

3-TX-c.1 to 3-TX-c.2 – Does the Proposed Activity Require Utility Lines Within the TxDOT ROW?

Under state law, certain utilities have a right to operate, construct, and maintain their transmission lines over, under, across, on, or along highways in Texas. 43 TAC § 21.36(a). Public utility lines may run longitudinally and cross TxDOT ROWs if the developer follows the process outlined in Public Highway Utility Accommodation Permit:

Private utility lines may only cross TxDOT ROWs under a Public Highway Utility Accommodation Permit.

3-TX-c.3 to 3-TX-c.4 – Does the Proposed Activity Require a State Highway Asset Lease?

Where the proposed utility lines do not qualify as public utility lines and the developer requires utility lines located longitudinally within the TxDOT ROW, the developer may apply for a Highway Right of Way Lease:

3-TX-c.5 to 3-TX-c.7 – Does the Proposed Activity Require a New, Modified or Relocated Access Connection to Public ROW?

If the proposed project or activity requires the construction, modification or relocation of any access connections to public ROWs, the developer should consult with the TxDOT and follow procedures outlined in Permit to Construct Driveway Facilities on Highway ROW:

If the project does not require any of the above permits or lease, the developer may continue with the project.

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