For LPA
Federal-aid programs in the development of LPA transportation facilities have enabled TxDOT to participate in the design and construction of these roadways without the necessity of bringing them onto the State system.
Under for Federal-aid projects on highways where TxDOT cannot exercise authority to control utility use of the highway right of way, TxDOT is required to make adequate arrangements to ensure that utility use of the highway right of way is properly controlled. TxDOT may:
- handle the adjustment of utility facilities in accordance with its FHWA-approved UAR; or
- require that the LPA enter into written agreements with the utility, if the LPA is to perform adjustments, that comply with the UAR; and
- check to be sure that the LPA’s ordinance, resolution, franchise, or permit process has stricter guidelines than those of TxDOT and FHWA.
Compliance with FHWA requirements gives TxDOT the flexibility to design and construct certain LPA projects in accordance with State laws and standards, rather than in accordance with Federally approved standards. However, FHWA does not consider that the UAR falls under the exemptions allowed by these Federal-aid programs.