4.4.11 Design Exceptions, Waivers, Variances or Deviations

Prior to the Final Design phase of project development, the need for a design exceptions, waivers, variances or deviations should be identified.
  • Design exception
     –required when existing or proposed design elements do not meet the minimum values of controlling criteria shown in the RDM. A design exception is not required when values exceed the minimum guidelines.
  • Design waiver
     – required when minimum values of TxDOT’s non-controlling criteria as outlined in the RDM are not met.
  • Design variance
     - required to be sent to the Texas Department of Licensing and Regulation (TDLR) whenever the design guidelines specified in the Texas Accessibility Standards (TAS) Public Rights-of-Way Accessibility Guidelines (PROWAG) are not met.
  • Design deviation
     - required for projects that do not meet specified bridge vertical clearance requirements for highways on the Texas Highway Freight Network (THFN).
Form 1002, PS&E Submission Data is the official place where project design criteria are documented. Design exception/waiver/variance/deviation locations and issues are noted on this page with an approval date and authorized District signature.
An explanation of why design exceptions/waivers/variances/deviations are needed must be sent to the District design exception committee for approval.
Documentation of the Design Exception/Waiver/Variance/Deviation Record of Decision must be retained in District design exception files
. Furnish a copy of all documents to the DES when submitting the Ready To Let (RTL) plans submission.
Refer to the RDM for additional information on the submission, review and approval process of design exceptions, waivers, variances and deviations.
Tasks to be performed in determining the need for design exceptions, waivers, variances and/or deviations include:
  • Identify design exceptions/waivers/variances/deviations;
  • Thoroughly document why design exceptions/waivers/variance/deviations are needed;
  • Evaluate the safety, operational and other impacts of the proposed and alternative designs;
  • Prepare design exception/waiver/variance/deviation requests;
  • Process design exceptions and waivers at the District level;
  • Submit Interstate design exception requests to DES Project Delivery Section (refer to the Design Exception Request for Interstate Highways TxDOT SOP);
  • Submit design variance requests to TDLR for review and approval;
  • Submit THFN design deviation request to DES – Project Delivery Section for review and approval;
  • Document approved design exceptions/waivers/variances/deviations on Form 1002;
  • Obtain District or FHWA approval of design exception/waivers/variances/deviations requests or revise schematic or plans; and
  • Identify and submit additional design exceptions/waivers/deviations as the project progresses.