Texas Permit to Construct Access Connections to State Highways (3-TX-j)
TxDOT controls access connections to state highways and other public rights of way (ROW). 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.” 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.
Permit to Construct Access Connections to State Highways Process
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. 43 TAC § 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. 43 TAC § 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. 43 TAC § 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. 43 TAC § 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. 43 TAC § 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. 43 TAC § 11.55(a)(4). If the developer does not appeal, the process ends.
3-TX-j.9 – Appeal Decision
The developer must file the appeal within 30 days of receipt of the written notice of denial. 43 TAC § 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.
43 TAC § 11.55(c). The applicant has the burden of establishing that the TXDOT incorrectly applied its access connection requirements to the applicable facts. 43 TAC § 11.55(d). Within 90 days of receiving the petition for appeal, the director will issue a written decision approving or disapproving the appeal. 43 TAC § 11.55(e). If the director does not issue a decision within 90 days, the appeal is considered granted. 43 TAC § 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. 43 TAC § 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. 43 TAC § 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. 43 TAC § 11.55(g).
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