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

Information current as of 2020
In Texas, a developer may need a Public Highway Utility Accommodation Permit, a Highway Right-of-Way (ROW) Lease, and/or a Permit to Construct Driveway Facilities on Highway ROW from the Texas Department of Transportation (TxDOT) for any project located along, near, or across a state highway. 43 Tex. Admin. Code § 21.36(a); 43 Tex. Admin. Code § 21.600-01; 43 Tex. Admin. Code § 11.50. The TxDOT district offices protect the state’s rights of way (ROWs) and facilitate and coordinate the safe and efficient operation of Texas highways. Tex. Admin. Code § 1.2. 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.


The TxDOT regulates highway ROW access pursuant to Tex. Admin. Code § 1.2; 43 Tex. Admin. Code §§ 21.1-21.972 and 43 Tex. Admin. Code §§ 11.50-11.58.



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. Private utility lines may only cross TxDOT ROWs under a Public Highway Utility Accommodation Permit. 43 Tex. Admin. Code § 21.36(a). If a developer may need a Public Highway Utility Accommodation Permit, see:

Public Highway Utility Accommodation Permit:
3-TX-h
.

3-TX-c.3 to 3-TX-c.4 – Does the Proposed Activity Require a State Highway ROW 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 need a State Highway ROW Lease. 43 Tex. Admin. Code § 21.600-01. If the developer may need a State Highway ROW Lease, see:

Highway Right-of-Way Lease:
3-TX-i

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

If the proposed project or activity requires the construction, modification or relocation of any access connections to public ROWs, the developer may need a Permit to Construct Driveway Facilities on Highway ROW. 43 Tex. Admin. Code § 11.50. If a developer may need a Permit to Construct Driveway Facilities on Highway Right-of-Way, see:

Permit to Construct Driveway Facilities on Highway Right-of-Way:
3-TX-j

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


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