Utility accommodation on controlled access highways must take into consideration areas where access to the right of way has been denied. Without a special exception, utilities may not be placed or allowed to remain in these areas. When an exception is granted in conformance with the Utility Accommodation Rules ( ), in a controlled access area, a ,

specific to the utility for which the exception is granted

, can be created during the design and right of way map creation phase by designating a “strip” which

cannot be accessed

directly from the main lanes. This action will not affect the denial of access to the adjacent landowner. The utility strip may be established in an area where no frontage roads exist. It does not convey an easement or property interest and cannot be occupied by other utilities without a specifically approved exception for each utility involved.

The public utility seeking the installation shall submit to the district engineer a written request that includes for each facility proposed for installation the following detailed information:

survey data as directed by TxDOT to identify and designate the location of a utility strip, the utility strip's relationship to existing highway facilities and the right of way line, and the specific area of use, occupancy, and access for installation and maintenance of the utility facility;
a plan for the utility's access to, from, and within the utility strip with clearly described procedures that preserve the safety and free flow of traffic on the controlled access highway or freeway during installation, maintenance, and emergency service or repair of the utility facility; and
any additional information, including an engineering study requested by TxDOT, that is reasonably necessary for a determination of the impact of the proposed utility facility on the safety, design, construction, operation, maintenance, and stability of the controlled access highway.

If the requested utility facility installation meets the conditions of Section 21.35 of this subchapter and the other applicable requirements of this subchapter, TxDOT shall establish a utility strip along the outer edge of the right of way by:

locating a utility-access denial line between the proposed utility facility installation and the main lanes and connecting ramps; and
designating the specific area of use, occupancy, and access for installation and maintenance of the requested utility facility.

TxDOT may adjust the utility-access denial line of an established utility strip to accommodate additional authorized utility facilities within the utility strip. The utility requesting installation of the utility facility is responsible for all costs associated with providing the information required for designation of a new or expanded utility strip and shall delineate the utility-access denial line on the ground by setting readily identifiable, durable, and weatherproof permanent markers to represent or reference the corners, angle points, and points of curvature or tangency of the utility-access denial line. All existing and proposed fences shall be located at the freeway right of way line and denial of access regarding property adjoining the right of way line will not be altered.