Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter E - PASSES › Section 21.81 - Passes

Current through Reg. 49, No. 28; July 12, 2024
Based on a detailed study of current operations of land
					 use, the department shall determine the necessity, location, and design of all
					 passes and cattle guards. The use of a pass across the right-of-way may be by
					 permit, contractual agreement, or retention of pass rights in the conveyance of
					 right-of-way to the state.
(1)
				  Interstate, primary, and secondary systems. On the interstate highway system
				  and the primary and secondary highway systems where right-of-way is being
				  secured pursuant to Texas Civil Statutes, Article 6673e-1, the following
				  policies shall apply.
(A) Where a landholding
				  constitutes an operating farm, ranch or other rural area type of economic
				  operation which a new highway location or relocation severs, or where an
				  existing highway is to be developed into a multi-lane facility, it shall be the
				  policy of the department to negotiate with the landowner for a pass or cattle
				  guard with the objective of continuing, if possible, uninterrupted usage and
				  operation of such landholding.
(B)
				  Where a property owner requests a pass to accommodate his private operations
				  which have evolved since the construction of an existing highway, and the
				  department determines the need for such a pass, and the structure can be
				  constructed without interference with the safe operation of the highway, such
				  pass may be installed provided the property owner or others will bear the
				  entire cost of such installation.
(C) When it is necessary to reconstruct or
				  extend an existing cattle guard and/or an existing structure which serves as a
				  pass, the department will bear the entire cost of a new or extended cattle
				  guard and/or pass as required to permit the continued pass usage which
				  previously existed.
(D) When a
				  structure designed and constructed for drainage purposes is of sufficient size
				  to be used as a pass, the entire cost of the structure will be borne by the
				  department.
(E) Where a structure
				  proposed for drainage is not large enough to serve as a pass and the abutting
				  property owner requests that the structure be enlarged to serve as such, or
				  requests a pass where no drainage structure is proposed and the department
				  determines the need for such pass, the department will negotiate with the
				  property owner.
(F) Negotiations
				  with the property owner shall be based on the following:
(i) appraisals will be made to establish
				  market value of the right-of-way parcel and damages to the remainder both with
				  and without the proposed pass; and
(ii) the estimated cost of a pass will be
				  based upon a length, width, and height necessary to pass under or over a
				  two-lane highway of two 12-feet lanes with centerline surface not more than
				  eight feet above the structure, with two shoulders of 10 feet width and 2:1
				  embankment side slopes. Using the economic difference in damages as established
				  by the appraisals, if such difference equals or exceeds the estimated cost of
				  such a structure, the department will bear all of the costs of the structure,
				  provided the landholder agrees to a reduction in compensation in the amount of
				  damages offset by providing the pass. In those instances where the damages
				  offset are less than the two-lane structure cost, a compensating reduction may
				  be made in the amount of compensation due for the cost of the land to be
				  acquired for right-of-way, or if this is insufficient, the remaining cost must
				  be paid by others than the state.
(G) On existing highways, either two-lane or
				  multi-lane where at-grade crossings of persons, animals, vehicles, and machines
				  are required in the normal operation of a farm, ranch, or other rural
				  enterprise as may be necessary to the area economy, the department will
				  evaluate the need and/or the hazards of such crossings by a safety analysis. If
				  the necessity of a pass is determined from the safety analysis, the department
				  will cooperate with others in determining the type and financial
				  responsibilities associated with same.