Access rights are rights of ingress or egress (entrance or exit) to the highway facility from a particular legally defined parcel of land. TxDOT acquires real property rights to parcels of land used for transportation related purposes. In some circumstances, it is in the public’s interest to control the right of ingress or egress to portions of public right of way.

In 1959, the American Association of State Highway Officials (AASHTO) adopted a guide for the parallel use of freeway right of way. This guide was created to:

develop and maintain access control;
maximize highway safety and function; and
ensure uniformity of utility treatment among the states.

In 1988, FHWA allowed each State the right to decide whether utilities would be permitted the parallel use of freeway right of way.

On major freeways and interstate highways, TxDOT often purchases the right of access to public right of way from the adjacent property. These rights are purchased with the intent to control access to vehicular travel in a legally defined area of the right of way, and to through traffic lanes in the immediate vicinity. The main concern is for areas in which traffic entering the roadway would confuse or endanger the traveling public. These areas are located:

adjacent to ramps;
along curves;
where sight distances are critical; and
along main lane facilities without frontage roads (not allowed by the UAR); and
areas in outer separation and medians (not allowed by the UAR).

State regulations concerning control of access may be found in 43TAC .

In special cases of crossing access control lines, new utility installations may be permitted under controlled conditions. However, in each case the utility owner must show that:

the accommodation will not adversely affect the safety, design, construction, operation, maintenance or stability of the transportation facility;
the accommodation will not be constructed and/or serviced by direct access from the through traffic roadways or connecting ramps;
the accommodation will not interfere with or impair the present or future expansion of the transportation facility; and,
any alternative location would be contrary to the public interest. This determination would include an evaluation of the direct and indirect environmental and economic effects resulting from the disapproval of the use of this right of way.