General

Under the Local Utility Procedure (LUP), the LPA may acquire right of way and adjust utilities with their own forces and to some extent under their own rules. The LPA must be aware that some qualifications and requirements must be met if the right of way is to be placed on the State’s system of roadways, be maintained by the State, has State or Federal funding involved, and if utility adjustments are involved. These requirements are as listed in the remainder of this section. A in PDF format, showing steps of this procedure, is available.
  • There is a contractual agreement with the LPA designating the responsibilities of each party.
  • The LPA is responsible for negotiating, communicating, and coordinating utility adjustments.
  • Eligibility is based on compensable interests held by the utility.
  • TxDOT cost participation is based on totally or partially eligible adjustments.
  • The LPA is responsible for utility payments.
  • TxDOT reimbursement to the LPA for utility adjustments is in accordance with the terms of the contractual agreement between TxDOT and LPA.
  • The LPA maintains local participation and control.