Section 3: Multiple Use Agreements
Multiple Use Policy
The department may enter into an agreement with a political
subdivision or federal agency to use portions of the highway right
of way for public facilities other than highway purposes. Public
facilities may include such things as parking areas, parks, recreational
areas, hike and bike trails, boat ramps, law enforcement functions,
etc. A Multiple Use Agreement (Form
)
must be executed for each multiple use facility under consideration.
Projects on the Federal-Aid highway system require FHWA approval.
Form
is
used for multiple use agreements with federal agencies.
Any request for a Multiple Use Agreement should be coordinated
with the Maintenance Division (MNT) in the early stages. The district
should retain the responsibility for preparation of the agreement
with the requesting entity providing the appropriate information,
exhibits, etc. necessary for the district to prepare the agreement.
The district should inspect multiple use sites regularly during
construction, within thirty days of completion of construction and
once per year thereafter. Compliance with the terms of the agreement
should be enforced. When an entity charges a fee for parking to
cover the cost of construction, maintenance and operation of the
facility, the district should perform audits periodically to assure the
entity is not making a profit.
Execution of Multiple Use Agreements
Responsibility for administering Multiple Use Agreements will
be shared by MNT and the Design Division (DES). On highway projects
that are in the design stage or under construction, proposals for
multiple use development will be submitted to DES. On completed
highway projects, proposals for multiple use will be submitted to
MNT.
Authority
The authority to execute a Multiple Use Agreement is contained
in Texas Administrative Code, Title 43,
.