Section 6: Access Driveways
General Access Driveway Policy
Under the provisions and policies of
, the department will issue access driveway permits to owners of property abutting state highways. The permitting process on highways on the state highway system within the jurisdiction of a municipality or eligible county (as defined in the Texas Administrative Code) may be transferred to the municipality or eligible county at their request and with approval by the department. Issuance of permits, construction and maintenance of these driveways should be in accordance with the department's
.
A completed Permit Form
is necessary whenever new access driveways are constructed or existing access driveways are modified.
Driveway Permit for
Mineral Interest
Driveway Permit for
Mineral Interest
If the owner/lessee of a mineral interest of a property requires
installation of an access driveway, the Department may issue a permit
to construct access driveway facilities on highway right of way. The
applicant will complete Form 1058 for the new access driveway, but
also demonstrate they are the owner/lessee of a mineral interest
and that they have provided a copy of the driveway permit application
to the surface owner prior to submitting the application to the
district. The applicant must complete Form 2903 to demonstrate the
requirements along with Form 1058.
A protest from the surface owner shall not be the basis for
denying or delaying the issuance of a permit. A protesting surface
owner should be advised to deal directly with the mineral owner/lessee.