The statutory authority for utilities to occupy highway right of way is subject to compatibility of their facilities with the safe design, operation and maintenance of the highway facility. The vehicle for accomplishing this TxDOT oversight function is the TxDOT UAR. While the codified policies and procedures of the TxDOT UAR carry the force and effect of law, the flexibility and required procedures for consideration and possible approval of exceptions to policy are included under 43 Texas Administrative Code (TAC) Section 21.35, Exceptions. The request for an exception to policy will include comprehensive documentation of the circumstances and the rationale, which justifies its need. Exception requests are initiated in the Districts and forwarded with the required justification and District recommendation to the ROW Program Office for consideration. The need for an exception to policy should be identified and submitted as early as possible in “The Process.”

The TxDOT UAR refers to various industry standards and other legal requirements. Utility installations will conform to these standards when the requirements exceed, or are more restrictive than those of the TxDOT UAR. The following is a representative listing of these industry and legal standards:

AASHTO, “A Policy on the Accommodations of Utilities Within Freeway Right of Way”
AASHTO, “A Guide to the Accommodations of Utilities Within Highway Right of Way”
American Society for Testing and Materials (ASTM) Specifications
Safety Rules for the Installation and Maintenance of Electrical Supply and Communication Lines - National Electric Safety Code
Texas Manual on Uniform Traffic Control Devices
23CFR Parts 645 A&B, Utilities
49CFR 192, Transportation of Natural and Other Gas by Pipeline Minimum Federal Safety Standards and Amendments
49CFR 195, Transportation of Liquids by Pipelines and Amendments
30TAC, Sections 290.38-290.47,
Rules & Regulations
for Public Water Systems.