By law, public utilities (see ) have been granted the right to occupy State right of way. These rights are extended provided the utility use will not interfere with the traveling public’s safety, the State’s ability to construct and maintain the highways and as long as they maintain compliance with the Utility Accommodation Rules (UAR).

Private lines should generally be allowed to cross, but should not be permitted longitudinally on highway right of way (see , and they must conform to the UAR.

All utility installations within TxDOT right of way must comply with the UAR. to the rules will be considered based on valid engineering judgment. Requests for exceptions will be considered only where the utility shows that extreme hardship or unusual conditions provide justification and where alternate measures can be prescribed in keeping with the intent of the UAR. The District Engineer (along with the utility company's concurrence) must recommend all exceptions for approval by the ROW Division Director. All work performed outside TxDOT policy can only be reimbursed with the approval of the ROW Division Director, and the following items must be addressed in writing from the District Engineer to the ROW Division Director, with form attached:

All requests to ROW Division, must have a Utility ID number,
Description of condition /nature of violation;
Statement attesting that there is no inherent risk to any highway appurtenances (structures, roadway, lighting, storm sewer, etc.);
Facility will not adversely affect the safety, design, construction, operation, maintenance, or stability of the roadway facility;
Facility will not be constructed and/or serviced by direct access from the through traffic roadways or connecting ramps;
Facility will not interfere with or impair the present use or future expansion of the freeway; and adamantly acknowledge that any alternative location would be contrary to the public interest.
Facility has the required vertical and horizontal clearances set out in the UAR;
The request for exception is submitted with due consideration of State and local requirements;
Acknowledgment that facility is compatible with existing utilities;
District’s firm recommendation and expressed willingness to accept proposed condition;
Description of “alternate measures” have been prescribed or reviewed.