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 (MUA) (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.

When an entity charges a fee for parking to cover the cost of construction, maintenance and operation of the facility, the district will perform annual audits to assure the entity is not making a profit and report back to MNT. MNT will keep official records of parking lot MUAs and documentation that government entities are not profiting off of the right of way.

Review and

Execution of Multiple Use Agreements

Districts will work with government partners within their district to review requests for new, modified, or terminated MUAs. Some items that should be reviewed include:

Is there pending construction at the proposed location?
Did the government entity secure other permits (railroad, utility, etc)?
Is the proposed device crashworthy or out of clear zone?
How is device powered? TxDOT does not provide power. (Most devices are solar powered, so not an issue.)
Does it create a sight distance issue or block a traffic control device?
Does it resemble a traffic control device?
Are there any issues with traffic control plans?
For shared use paths under bridges: are there existing drains over the proposed shared use path?
Does TxDOT own this ROW?

After the district has reviewed and approved the MUA request in principle, it is forwarded to MNT for final review. MNT will notify the district when the MUA concept is approved and signatures from the government entity and district engineer may be obtained. Responsibility for final MUA execution is with MNT, who then uploads the executed MUA to OnBase and documents approved MUA locations on an internal GIS map. Districts may review the map for accuracy of existing MUAs.The following documents are included as part of the MUA package:

Proposed plans
Metes and bounds (when applicable)
Insurance Form (either at time of execution or at time of installation)
FHWA Additional Requirements
City ordinance or county resolution (when applicable)
Department of Public Safety User Agreement (license plate reader agreements only)
Department of Public Safety Approval Letter (license plate reader agreements only)
Data Usage Supplemental Agreement (license plate reader agreements only)

Inspection of Multiple Use Agreements

MUAs in the field are inspected by the district at the time of installation. Items to inspect for include:

Any litter or other issues identified during routine maintenance operations downstream of the installation should be communicated to the government entity who has the MUA for resolution.

Authority

The authority to execute a Multiple Use Agreement is contained in Texas Administrative Code, Title 43, Rule §11.21.