Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter L - LEASING OF HIGHWAY ASSETS › Section 21.605 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) All matters
				  relating to the leasing of federal-aid highway right of way are subject to the
				  approval of the Federal Highway Administration.
(b) The use of leased right of way beneath
				  the established gradeline of a highway shall provide sufficient vertical and
				  horizontal clearances for the construction, operation, maintenance,
				  ventilation, and safety of highway facilities.
(c) The use of leased highway right of way
				  above the established gradeline of the highway shall provide for vertical and
				  horizontal clearances.
(d) Piers,
				  columns, or any other portion of any improvements to be constructed on the
				  leased right of way shall not be erected in a location that will interfere with
				  the visibility or reduce sight distance or in any other way interfere with the
				  safety and free flow of traffic or level of service on highway
				  facilities.
(e) The structural
				  supports for any improvements to be constructed on leased right of way shall be
				  located to clear all horizontal and vertical dimensions specified by design
				  standards of the department.
(f)
				  The use of leased right of way shall not result in either highway or nonhighway
				  users being unduly exposed to hazardous conditions.
(g) Appropriate safety precautions and
				  features necessary to minimize the possibility of injury to users of either a
				  highway facility or leased right of way shall be provided. All structures
				  constructed above highway facilities shall include adequate enclosure to
				  prevent people and objects from falling. Improvements on leased right of way
				  will not be approved for construction over or under the highway facilities,
				  unless the plans contain adequate provisions, acceptable to the department, for
				  evacuation of the structures or facilities in case of a major accident
				  endangering occupants.
(h)
				  Improvements constructed on leased assets shall be fire resistant in accordance
				  with the provisions of the local applicable building codes. The leased highway
				  asset shall not be used for any purpose or occupation which is deemed by the
				  department to be a hazard to highway or nonhighway users. In cases where the
				  department questions the acceptability of the existing local applicable
				  building codes, conformance with a nationally accepted model building code, or
				  any other code acceptable to the department may be required.
(i) Structures built over highway right of
				  way shall occupy no more length of the highway than prescribed by the
				  department.
(j) The design,
				  occupancy, and use of any structure over or under a highway facility shall be
				  such that the use, safety, appearance, and the enjoyment of the highway will
				  not be adversely affected by fumes, vapors, odors, drippings, droppings, or
				  discharges of any kind from the structure.
(k) All signs, displays, or devices to be
				  located or maintained by a lessee must have prior written approval by the
				  district engineer and shall be restricted to those indicating ownership and
				  type of on-premise activities.
(l)
				  Construction of any structure above or below a highway shall not require any
				  temporary or permanent change in alignment or profile of an existing highway
				  without prior written approval by the department.
(m) When the department is of the opinion
				  that the proposed use of leased right of way requires changes in or additions
				  to existing highway facilities for the proper operation and maintenance of the
				  facilities, the changes or additions shall be provided without cost to the
				  department.
(n) Improvements on
				  leased right of way shall be designed and constructed in a manner that will
				  permit access to highway facilities for the purpose of inspection, maintenance,
				  and reconstruction when necessary.
(o) Persons desiring to lease highway assets
				  may be required to furnish an attorney's title opinion establishing to the
				  department's satisfaction that the lease will be consistent with property
				  rights owned by others.
(p) Persons
				  desiring to lease highway assets shall furnish at their own expense all
				  engineering, appraisal, and other reports, designs, and findings requested by
				  the department.