reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.707 - Barrier Construction Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  barrier required under §
										21.706 of this
				  subchapter must be determined by the department to be sufficient to prevent the
				  normal passage of vehicular traffic from entering the site of the
				  pit.
(b) The design of the barrier
				  must be approved by the department to insure proper performance.
(c) The barrier may be a guardrail, concrete
				  barrier, or berm barrier. A guardrail must meet the current department
				  specification and standard detail for metal beam guard fence. A concrete
				  barrier must meet the current department specifications and standards for a
				  rigid barrier and the appropriate standards for end treatments, attenuators,
				  and crash cushion. A berm barrier must meet the current department
				  specifications and standards for berm barriers.
(d) A barrier that was determined to conform
				  to construction standards for the issuance of a safety certificate and that has
				  deteriorated so that it no longer meets the construction standards applicable
				  at the time the safety certificate was issued will be required to be improved
				  to conform to those standards.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.708 - Prohibition Against Opening Pits

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  responsible party may open a new pit on a site for the extraction of aggregates
				  if the pit perimeter will be less than 25 feet from the outer right of way line
				  of any public road or highway ("the setback distance").
(b) No responsible party may open a new pit
				  on a site for the extraction of aggregates in this state if the pit perimeter
				  is in hazardous proximity to a public road without first filing a quarry safety
				  plan and receiving a safety certificate.
(c) No operator may open a new pit on a site
				  for the extraction of aggregates if the operator is in violation of the rules
				  under this subchapter at another site.
(d) An operator who is not the owner of the
				  site may not open a new pit on the site without the written permission of the
				  owner.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.709 - Quarry Safety Plan

Current through Reg. 49, No. 28; July 12, 2024
The quarry safety plan required to be filed for new pits in
					 hazardous proximity to a public road opened from and after November 1, 1991,
					 must:
(1) detail how the applicant
				  intends to comply with the safety provisions of this subchapter in opening and
				  closing the pit;
(2) contain the
				  information required by the safety certificate application;
(3) be filed on Form-2114;
(4) be in writing, certified and sworn to by
				  the applicant; and
(5) be filed
				  with the Maintenance Division at least 60 days prior to the opening of the
				  pit.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.710 - Sloping of Pit Sidewalls

Current through Reg. 49, No. 28; July 12, 2024
The department will determine if potential holding or
					 impounding of water in a pit will create a hazard to the motoring public
					 requiring a barrier to be constructed. The department may allow a slope of not
					 more than 30 degrees to be built on the side wall or walls adjacent to the
					 public road in lieu of the barrier if the water does not pose a hazard to the
					 motoring public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.711 - Safety Certificate Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  safety certificate is required for an active, inactive, or abandoned quarry or
				  pit that is located in hazardous proximity to a public road or is in an
				  unacceptable unsafe location, excluding an inactive or abandoned quarry or pit
				  that receives a written barrier waiver from the department.
(b) Except as provided in subsection (c) of
				  this section, a responsible party must obtain a safety certificate prior to:
(1) opening a new pit in hazardous proximity
				  to a public road and in an unacceptable unsafe location; or
(2) reopening, operating, or abandoning a
				  quarry or pit that is in hazardous proximity to a public road and in an
				  unacceptable unsafe location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.712 - Construction, Expansion, or Relocation of Roads

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity that constructs, expands, or
				  relocates a public road so that it causes an existing quarry or pit to be
				  located in an unacceptable, unsafe location or in hazardous proximity to the
				  public road, shall construct berms or barriers.
(b) The berms or barriers shall be
				  constructed prior to the opening of the new, expanded, or relocated public road
				  to travel by the public.
(c) The
				  entity responsible for construction, expansion, or relocation of the public
				  road shall report the same to the director within 90 days of the date the
				  construction, expansion, or relocation is finally accomplished, including
				  construction of the berms or barriers.
(d) The report shall be in writing, certified
				  and sworn to by an authorized representative of the entity, and shall contain:
(1) the name, address, and telephone number
				  of the entity responsible for the construction, expansion, or relocation of the
				  public road;
(2) the distance of
				  each adjoining pit perimeter from the nearest right-of-way line of the new,
				  expanded, or relocated public road and the nearest intersection of any public
				  or private road or driveway;
(3) a
				  description of and a construction plan for any berm or barrier, specifying the
				  material used;
(4) the name,
				  address, and telephone number of the responsible party; and
(5) the name, address, and telephone number
				  of the owner or owners if different from the responsible party.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.713 - Form and Content of Safety Certificate Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Each pit for which a safety certificate
				  is requested shall be addressed in a separate application.
(b) An application for a safety certificate
				  must be on the form furnished by the department and contain:
(1) the name, address, and telephone number
				  of the responsible party;
(2) the
				  name, address, and telephone number of the owner or owners if different from
				  the responsible party;
(3) the type
				  of quarrying activities, if any, occurring on the site, or proposed to occur on
				  the site;
(4) a brief description
				  of the site, including the acreage outside and inside the pit;
(5) the distance of each pit perimeter from
				  the nearest edge of each roadway that the site adjoins and the nearest
				  intersection of any public road that the site adjoins and the nearest
				  intersection of any public or private road or driveway;
(6) the depth in feet of the deepest
				  excavation in the pit within 200 feet of a roadway edge as measured from the
				  top of the pit highwall located between the pit and the roadway;
(7) a description of and a construction plan
				  for any barrier or other device allowed by these regulations to be constructed,
				  specifying the material to be used and the expected date of
				  completion;
(8) for new pits in
				  hazardous proximity to a public road, a statement as to the yearly progress of
				  the encroachment of the pit perimeter within the hazardous proximity to the
				  public road, if any; and
(9) any
				  other information or condition that meets the definition of an unacceptable
				  unsafe location.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.714 - Review of Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will notify an applicant by certified mail within ten days of receipt of an
				  application for a safety certificate that the application:
(1) complies with the Act and is approved;
				  or
(2) does not comply with the Act
				  and is disapproved.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.715 - Inspection of Barriers and Certificate Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 15 days of the time in which
				  construction of barriers described in an approved application is required to be
				  completed, the department may inspect those barriers to determine whether they
				  meet the requirements.
(b) If,
				  after inspection, the department determines that the barriers described in an
				  approved application conform with the plan and comply with the Act, the
				  department will issue a safety certificate to the responsible party.
(c) If, after inspection, the department
				  determines that a barrier does not comply with the Act, the department will
				  give the applicant written notice of any defects in that barrier and shall
				  specify a reasonable time, not to exceed 60 days from the day notice is
				  received, for the applicant to cure the defects.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.716 - Transfer of Certificate after Transfer of Title

Current through Reg. 49, No. 28; July 12, 2024
(a) A responsible party holding a safety
				  certificate has the full right, power, and authority to transfer the
				  certificate upon the sale, lease, or other transfer of title to the site,
				  provided the new owner, operator, lessor or lessee, or party in interest files
				  with the director a written affidavit that:
(1) all barriers between a pit and the
				  nearest edge of any roadway comply with the Act; and
(2) there will be no change, on or after the
				  day of the transfer of title or operation, in the:
(A) condition or location of a barrier;
				  and
(B) distance of a pit perimeter
				  from the nearest intersection of a public road and a private road or
				  driveway.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.717 - Recertification after Transfer of Title

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless a proper transfer affidavit is filed under this chapter, or an
				  application for an amended certificate as required by subsection (b) of this
				  section is pending, an existing safety certificate expires on the 90th day
				  after the day on which a sale, lease, or other transfer of title to or
				  operation of the quarry or pit for which the certificate was issued
				  occurs.
(b) To obtain an amended or
				  new safety certificate, a new owner, operator, lessor, or lessee must submit a
				  safety certificate application as required by §
										21.713
				  of this subchapter (relating to Form and Content of Safety Certificate
				  Applications), not later than the 30th day after the day on which the transfer
				  of title to the quarry or pit occurs or a change in the activities of the
				  quarry or pit necessitates.
(c) If
				  an application for a new certificate has been submitted as required by
				  subsection (b) of this section, the existing safety certificate continues in
				  effect until the department's decision either approving or disapproving the new
				  or amended certificate is issued and becomes final.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.718 - Cessation of Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 60
				  days prior to cessation of operations, the responsible party who plans or
				  intends to cease active operations in a quarry or pit shall notify the
				  department of its intent, submit any additional plans the operator determines
				  necessary to protect the public good and welfare after the cessation of
				  operations, and include the applicable fee.
(b) Within 10 days after receipt of the
				  notice, the department shall inspect the quarry or pit to ensure compliance
				  with the provisions of this chapter and any additional plans submitted by the
				  operator.
(c) Within 10 days after
				  the inspection, the department shall notify the operator of compliance, or lack
				  of compliance, and in the event of compliance shall issue a safety
				  certificate.
(d) In the event of
				  noncompliance, the department shall follow the procedures of §
										21.714 of
				  this subchapter (relating to Review of Applications) and §
										21.715
				  of this subchapter (relating to Inspection of Barriers and Certificate
				  Decision).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.719 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Within its jurisdiction, the department
				  shall have a right of entry to, upon, and through any aggregate quarry or pit
				  without advance notice or search warrant, upon presentation of appropriate
				  credentials.
(b) The operator shall
				  maintain a copy of the safety certificate for each active quarry or pit at or
				  near the location of the quarry or pit and shall make the safety certificate
				  available for inspection by any authorized representative of the department,
				  upon presentation of appropriate credentials.
(c) On receipt of a complaint of a violation
				  of the Act or on its own motion, the department will give the responsible party
				  written notice of each alleged violation, including the applicable statutory
				  reference or rule violated, and the date, time, and place for a
				  hearing.
(d) If, after notice and a
				  hearing, the department determines that a violation has occurred, the director
				  will make written findings of the actual or threatened violation and the
				  required corrective work and shall prescribe a specific deadline, commensurate
				  with the work to be done but not to exceed 90 days from the date of the order,
				  for completion of the corrective work, unless an extension of time for good
				  cause shown by the responsible party is granted by the director.
(e) If the responsible party fails to perform
				  corrective work required by the department under subsection (d) of this section
				  within 120 days after notice is given to the responsible party, the department
				  may contract for the corrective work to be done at reasonable, customary, and
				  ordinary costs applicable in the industry. Costs shall be submitted within 30
				  days of the date the work is finished, and the responsible party shall have 60
				  days to pay the costs or appeal the decision. In the event the responsible
				  party fails to pay the costs as presented or fails timely to contest or appeal
				  the costs as presented by the department, the department shall have the right
				  to impose a fine or injunction as is warranted, consistent with the provisions
				  of the Act and this subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.720 - Civil Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A responsible
				  party who violates the Act after due notice is liable to the state for a civil
				  penalty of not less than $500 or more than $5,000 for each act of violation on
				  a first offense.
(b) A responsible
				  party who violates the Act after due notice is liable to the state for a civil
				  penalty of not less than $1,000 or more than $10,000 for each act of violation
				  on a second and subsequent offense.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.721 - Injunctive Relief

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may enforce the Act by seeking an injunction or other appropriate
				  remedy.
(b) On application for
				  injunctive or other relief and a finding that a person is violating or has
				  violated the Act, a court may grant the injunctive or other relief warranted by
				  the facts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.722 - Recovery of Costs

Current through Reg. 49, No. 28; July 12, 2024
A responsible party is liable to the department for its
					 costs incurred in undertaking corrective or enforcement action, including staff
					 expenses, and for court costs and attorney's fees.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.723 - Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) The forms of Appendix A have been adopted
				  by the commission for use pursuant to the Act and this subchapter. Reproduction
				  of these forms is authorized for use by applicants to complete the filings
				  required.
(b) The forms have been
				  designated as follows:
(1) application for
				  cessation of operations--Form-2113;
Attached
					 Graphic
(2)
				  application for quarry and pit safety certificate--Form-2114;
Attached
					 Graphic
(3)
				  application for transfer of quarry and pit safety certificate--Form-2115; and
Attached
					 Graphic
(4)
				  application for waiver of quarry and pit safety certificate--Form-2116.
Attached
					 Graphic
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter M - QUARRY AND PIT SAFETY › Section 21.724 - Distance Between Pit and Property Line

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Quarrying is considered completed when a quarry or pit is no longer an active
				  quarry or pit under this subchapter. At the time quarrying is completed, the
				  distance from the edge of the consolidated material of a pit that does not have
				  lateral support to the property line of the nearest property that is not owned
				  or leased by the operator may not be less than 50 feet.
(b) This section does not apply:
(1) to a pit if the operator and the adjacent
				  property owner agree that the pit may be located closer to the property
				  line;
(2) to an excavation
				  constructed by political subdivision to provide drainage or storm water
				  retention; or
(3) to a county with
				  a population of 3.3 million or more.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter N - RAIL FACILITIES › Section 21.801 - Acquisition of Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) The term rail
				  facility, when used in this subchapter, shall have the definition as set forth
				  in Transportation Code, §
										91.001. Except as
				  otherwise provided herein, the department will comply with policies and
				  procedures prescribed in 43 TAC Chapter 21, Subchapters A (relating to Land
				  Acquisition Procedures), D (relating to Expenses Incidental to Transfer of
				  Title To State), and G (relating to Relocation Assistance and Benefits) of this
				  title in the acquisition of right-of-way, a property right or other interest in
				  real property for the acquisition, construction, maintenance or operation of
				  rail facilities. For the purposes of this subsection, references in the above
				  subchapters to highway, road and roadway are considered references to railroad
				  right-of-way and rail facilities. For all rail facilities, right-of-way is
				  acquired with access between abutting properties and the rail facility
				  permitted or denied in accordance with the approved design of the
				  projects.
(b) The department may
				  purchase real property along alternative potential routes for a rail facility
				  if the commission has authorized such an acquisition and the district engineer
				  determines that:
(1) the property to be
				  acquired is or may possibly be used in connection with the rail
				  facility;
(2) the size and location
				  of the property is reasonably related to the possible future design and
				  alignment of the rail facility; and
(3) the acquisition along alternative
				  potential routes may be economically beneficial to the department by preserving
				  undeveloped or underdeveloped property for a new rail corridor.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter N - RAIL FACILITIES › Section 21.802 - Disposal of Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  otherwise provided herein, the department will comply with policies and
				  procedures prescribed in 43 TAC Chapter 21, Subchapter F of this title
				  (relating to Disposal of Real Estate Interests) in the sale, conveyance or
				  other disposition of any rights or other interests in real property acquired
				  under this Subchapter N. For the purposes of this subsection (a), references in
				  Subchapter F to highway, road and roadway are considered references to railroad
				  right-of-way and rail facilities.
(b) Real property interests shall be
				  transferred or sold in consideration of such fair value as determined by the
				  commission to be appropriate, and with the following priorities:
(1) to an operating railroad company or
				  railroad district, whether private or public, or to a governmental entity with
				  the authority to condemn the property,
(2) to abutting or adjoining landowners,
				  or
(3) to the general
				  public.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.901 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter prescribes the accommodation, location,
					 method of installation, adjustments, removal, relocation, and maintenance of
					 utility facilities within state railroad right of way. It was developed in the
					 interest of safety, protection, utilization, and future development of state
					 railroad right of way with due consideration given to public service afforded
					 by adequate and economical utility installations.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.903 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
For railroads under department jurisdiction, the provisions
					 of this subchapter apply to:
(1) new
				  utility installations, including replacement of an existing facility with the
				  same facility or a facility of a different type or design;
(2) additions to existing utility
				  installations;
(3) adjustment and
				  relocation of utilities; and
(4)
				  existing or planned utility installations for which agreements with the
				  department were entered into prior to the date of the adoption of this
				  subchapter.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.904 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
Exceptions to any design, location, or method of
					 installation provision in this subchapter may be authorized by the department.
					 Requests for exceptions will be considered only where it is shown that extreme
					 hardship or unusual conditions provide justification and where alternate
					 measures can be prescribed in keeping with the intent of this subchapter. All
					 requests for exceptions shall be fully documented including design data, cost
					 comparisons, and other pertinent information. Exceptions must be recommended by
					 the district engineer and authorized by the director of the Right of Way
					 Division.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.905 - Requests

Current through Reg. 49, No. 28; July 12, 2024
Use and occupancy agreements are required when utility
					 facilities are installed, relocated, or maintained along or across department
					 property. In situations in which the utility has a prior property interest that
					 is being retained within the railroad right of way, a joint use agreement is
					 required. Approval of requests to install, maintain, or relocate a utility
					 facility within department property shall be evidenced by an agreement that
					 includes the terms, conditions, and utility location plans as may be prescribed
					 by the director of the Right of Way Division to convey necessary information in
					 order to protect and preserve the railroad and the safety, health, and welfare
					 of those who are using it. Requests for utility facility installation along
					 with plans for the proposed installation shall be submitted to the department
					 at least 30 days prior to the commencing of construction. It is the utility's
					 responsibility to inform the department, in writing, of any:
(1) material change in the character, use, or
				  function of an approved utility facility; and
(2) name, ownership, or address
				  change.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.906 - Design

Current through Reg. 49, No. 28; July 12, 2024
(a) Location.
(1) Utility lines shall be located to avoid
				  or minimize the need for adjustments for future railroad improvements and to
				  permit access to the utility lines for maintenance with minimum interference to
				  railroad traffic.
(2) Pipelines may
				  be installed under tracks by boring, jacking, or in some cases, open-trenching.
				  Water jetting and puddling are not permitted. Holes may be mechanically bored
				  and cased using a cutting head and continuous auger mounted inside of the
				  casing. Small diameter holes may be augured and the casing or utility facility
				  pushed in later.
(3) Where
				  practical, pipelines carrying liquefied petroleum gas shall cross the railway
				  where the tracks are carried on an embankment.
(4) All high-pressure pipelines of greater
				  than 60-psi internal pressure, except those in public roads, shall be
				  prominently marked at the property line, on both sides of the track for under
				  crossings, by signs that state the size of the line and its depth.
(5) The utility is not permitted to attach to
				  bridges or route facilities through drainage structures or cattle passes.
				  Utilities are not to be attached to other railroad structures without the
				  written approval of the department.
(6) As a general rule, overhead power,
				  communication, and cable television line crossings at bridges must be
				  avoided.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.907 - Maintenance and Servicing Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Regular
				  maintenance.
(1) Maintenance of the utility
				  facility is the responsibility of the utility owner.
(2) Maintenance must be performed to keep the
				  facility in an as-constructed condition, and in a good state of repair in
				  accordance with the requirements of applicable federal, state, and local laws,
				  regulatory standards, and utility codes.
(3) The utility shall replace and stabilize
				  all earth cover and vegetation when it has eroded over an underground utility
				  facility where such erosion is due to, or caused by, the placement or existence
				  of the underground utility facility.
(4) The utility shall be responsible for
				  correcting any settlement of backfill, fills, and embankments that may
				  occur.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.908 - Preservation, Restoration, and Cleanup

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Disturbed areas.
(1) Areas of state railroad
				  right of way disturbed by the installation, maintenance, removal, or relocation
				  of utilities shall be kept to a minimum.
(2) Disturbed areas shall be returned to
				  normal grade and elevation, with compaction of backfill material, and all
				  excess or undesirable material removed by the utility.
(3) The utility shall provide protection
				  against erosion in disturbed areas subject to erosion. The protection may be in
				  the form of rock riprap, wash checks, hay or straw cover, or other material
				  that is approved by the department and does not interfere with railroad
				  maintenance.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.909 - Utilities Paralleling Railroad Property

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General Provisions. Any utility line greater than 500 feet in length will be
				  considered a parallel line and is to be located on uniform alignment, within 10
				  feet or less of the property line so as to provide a safe environment and to
				  preserve space for future railroad improvements. Utilities will be located so
				  as to provide a safe environment and shall conform to the current National
				  Electrical Safety Code, American Waterworks Association Specifications, Federal
				  Pipeline Safety Regulations, and The American Railway Engineering and
				  Maintenance Association Specifications. If laws or orders of public authority
				  prescribe a higher degree of protection, then the higher degree of protection
				  prescribed shall supersede the provisions of this subchapter.
(b) Overhead installations.
(1) A minimum of four feet clearance is
				  required above signal and communication lines.
(2) Poles must be located at least 50 feet
				  from the centerline of the railroad main, branch, and running tracks, CTC
				  sidings, and heavy tonnage spurs. Pole location adjacent to industry tracks
				  must provide at least a 10-foot clearance from the centerline of the track,
				  when measured at right angles. If located adjacent to curved track, then the
				  clearance must be increased at a rate of one and one-half inches per degree of
				  curved track.
(3) Regardless of the
				  voltage, unguyed poles shall be located a minimum distance from the centerline
				  of any track, equal to the height of the pole above the ground-line plus 10
				  feet. If guy wiring is required, the guys shall be placed in such a manner as
				  to keep the pole from leaning or falling in the direction of the
				  tracks.
(4) Poles, including steel
				  poles, must be located a minimum distance from the railroad signal and
				  communication line equal to the height of the pole above the ground-line, or
				  must be guyed at right angles to the lines. High voltage towers, 34.5kV and
				  higher, must be located off railroad right of way.
(5) For proposed electrical lines paralleling
				  tracks, the department may request that an inductive interference study be
				  performed at the expense of the utility. Inductive interference from certain
				  lines has the potential to disrupt the signal system in the track causing
				  failures in the track signals and highway grade crossing warning devices. The
				  district engineer may require an inductive interference study based on the
				  proposed proximity of high voltage lines to other utility lines.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter O - UTILITY ACCOMMODATION FOR RAIL FACILITIES › Section 21.911 - Plans and Approvals

Current through Reg. 49, No. 28; July 12, 2024
(a) Plans.
(1) The design of all utility installations
				  will be the responsibility of the utility.
(2) The plans for the proposed installation
				  shall be submitted to and meet the approval of the department before
				  construction is initiated.
(3)
				  Plans shall be drawn to scale showing the relationship of the proposed utility
				  line to the railroad tracks, the angle of crossing, location of valves and
				  vents, the railroad mile post and engineering station, railroad property lines,
				  and general layout of tracks and other railroad facilities. The plans shall
				  include a cross-section or sections from the field survey that will show
				  utility placement in relation to actual profile of ground and tracks. If
				  tunneling is proposed, method of supporting tracks or driving of tunnel shall
				  be shown. The geotechnical study, when required, shall be included.
(4) For carrier pipe and casing pipe, the
				  plans shall contain the:
(A) contents to be
				  carried;
(B) inside
				  diameter;
(C) pipe
				  material;
(D) specifications and
				  grade of material;
(E) wall
				  thickness;
(F) actual working
				  pressure;
(G) type of
				  joints;
(H) longitudinal joint
				  factor;
(I) coating;
(J) method of installation;
(K) vents (number, size, height above
				  ground);
(L) seals-both ends, one
				  end;
(M) cover (top of tie to top
				  of pipe or casing);
(N) cover
				  (other than under tracks);
(O)
				  cover (at ditches);
(P) cathodic
				  protection; and
(Q) type, size, and
				  spacing of insulators or supports.
(5) When a geotechnical study is required,
				  the findings and protection plan shall be prepared by a Texas licensed civil
				  engineer and included with the plans. The geotechnical crew must be properly
				  permitted to enter state railroad right of way and a flagger will be required
				  when working within 25 feet of the track.
(6) Plans shall be submitted to the
				  department no less than 30 days prior to the beginning of
				  construction.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter P - UTILITY RELOCATION PREPAYMENT FUNDING AGREEMENTS › Section 21.926 - Calculation of Annual Prepayment Amount

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General.
(1) The annual prepayment amount for
				  each year of the initial three-year period and all subsequent three-year
				  periods of a master agreement will be equal to 75 percent of the averaged
				  annual relocation/adjustment costs incurred or paid for the relocation of
				  utility facilities during the applicable preceding three years of each period
				  as determined by subsections (c) and (d) of this section.
(2) If a relocation project contains both
				  work that is eligible under this subchapter and work that is eligible for
				  reimbursement under Transportation Code, §
											203.092,
				  only the work that is eligible for reimbursement under this subchapter will be
				  used in calculating the annual prepayment amount.
(3) Relocation/adjustment costs related to
				  utility facilities on highway improvement projects that are paid or incurred
				  within the applicable three year period will be included in calculating the
				  annual prepayment amount, regardless of when the highway improvement project or
				  relocation work began or ended.
(4)
				  Relocation/adjustment costs will be included in calculating the annual
				  prepayment amount regardless of whether those costs are developed, recorded,
				  and paid for by means of actual costs accumulated in accordance with a work
				  order accounting procedure, lump-sum agreement, unit costs, or other costing
				  methods founded on generally accepted industry practices.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.941 - Description of Directional Sign

Current through Reg. 49, No. 28; July 12, 2024
A directional sign is a sign that contains only a message
					 that identifies an attraction or activity that meets the requirements of this
					 section and provides directional information, such as mileage, route number, or
					 exit number, useful to the traveler in locating the attraction or activity. A
					 directional sign may not contain descriptive words or phrases or pictorial or
					 photographic representations of the activity or its environs.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.942 - Requirements for Erection and Maintenance of Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) Before a person may erect a directional
				  sign, the person must obtain the approval of the department. A license or
				  permit issued under Subchapter I or Subchapter K of this chapter (relating to
				  Regulation of Signs along Interstate and Primary Highways and Control of Signs
				  along Rural Roads, respectively) is not required for the erection or
				  maintenance of a directional sign.
(b) To obtain the approval the person must
				  file an application on a form prescribed by the department that shows the
				  location, message content, construction, and dimensions of the sign.
(c) No fee is required for the application or
				  approval.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.943 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a directional sign, a
				  privately owned activity or attraction must be of national or regional interest
				  to the traveling public and must be:
(1) a
				  natural phenomenon;
(2) a scenic
				  attraction;
(3) an historic,
				  educational, cultural, scientific, or religious site; or
(4) an outdoor recreational area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.944 - Size of Sign

Current through Reg. 49, No. 28; July 12, 2024
A sign, including its border and trim but excluding its
					 supports, may not exceed:
(1) an area
				  of 150 square feet;
(2) a height of
				  20 feet; or
(3) a length of 20
				  feet.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.945 - Condition of Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A directional
				  sign must be structurally safe and maintained in good repair.
(b) A directional sign may not be
				  obsolete.
(c) A directional sign
				  may not move or have animated or moving parts.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.946 - Location and Spacing

Current through Reg. 49, No. 28; July 12, 2024
(a) A directional
				  sign may not be located within 2,000 feet of:
(1) an interchange or intersection at grade
				  along the interstate system or other primary system, as measured from the
				  nearest point of the beginning, ending, or pavement widening at the exit from
				  or entrance to the main-traveled way; or
(2) a rest area, park, or scenic
				  area.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter Q - REGULATION OF DIRECTIONAL SIGNS › Section 21.947 - Lighting of Sign

Current through Reg. 49, No. 28; July 12, 2024
(a) A directional
				  sign may not contain, include, or be illuminated by flashing, intermittent, or
				  moving lights.
(b) Lights that are
				  a part of or illuminate a directional sign:
(1) must be shielded so that beams or rays of
				  light are not being directed at any portion of the traveled way of an
				  interstate or primary highway; and
(2) may not be of such intensity or
				  brilliance that they:
(A) impair the vision of
				  the driver of a motor vehicle on an interstate or primary highway or otherwise
				  interfere with the driver's operation of the motor vehicle; or
(B) obscure or interfere with the
				  effectiveness of an official traffic sign, device, or signal.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter R - LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS › Section 21.961 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Transportation
				  may lease any highway right of way not currently needed for highway purposes to
				  a saltwater pipeline operator.
(b)
				  This subchapter establishes leasing requirements and procedures for lease of
				  right of way by saltwater pipeline operators and implements Natural Resources
				  Code, Chapter 91 Subchapter T. This subchapter applies only to leasing and not
				  to other permissive uses of the right of way.
(c) The procedure provided by this subchapter
				  is separate from and in addition to the procedures established under Subchapter
				  L of this chapter (relating to Leasing of Highway Assets).
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter R - LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS › Section 21.962 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings unless the context clearly
					 indicates otherwise:
(1)
				  Commission--The Texas Transportation Commission.
(2) Department--The Texas Department of
				  Transportation.
(3) Director--The
				  director of the right of way division of the department or the director's
				  designee.
(4) District--One of the
				  25 geographical district offices of the department.
(5) District administrator--The chief
				  executive officer in charge of a District.
(6) Executive director--The executive
				  director of the department or the executive director's designee not below the
				  level of deputy executive director.
(7) Premises--The area within a right of way
				  being leased by a saltwater pipeline operator for the installation, operation
				  and maintenance of a saltwater pipeline facility.
(8) Right of way--An interest in real
				  property that is held or controlled by the department for a highway
				  purpose.
(9) Saltwater pipeline
				  facility--A pipeline facility that conducts water that contains salt and other
				  substances and that is intended to be used in drilling or operating a well used
				  in the exploration for or production of oil or gas, including an injection well
				  used for enhanced recovery operations, or that is produced during drilling or
				  operating an oil, gas, or other type of well. The term includes a pipeline
				  facility that conducts flowback and produced water from an oil or gas well on
				  which a hydraulic fracturing treatment has been performed to an oil and gas
				  waste disposal well for disposal.
(10) Saltwater pipeline operator--A person,
				  who owns, installs, manages, operates, leases, or controls a saltwater pipeline
				  facility.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter R - LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS › Section 21.963 - Lease of Right of Way for a Saltwater Pipeline Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) The director may execute the lease of the
				  premises for the installation, operation, and maintenance of a saltwater
				  pipeline facility if the director finds that:
(1) there is sufficient area within the right
				  of way to accommodate the saltwater pipeline facility;
(2) the area proposed as the premises will
				  not be needed for highway purposes during the term of the lease; and
(3) the lessee's use of the right of way will
				  be consistent with safety, maintenance, operation, and beautification of the
				  state highway system.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter R - LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS › Section 21.964 - Lease Request

Current through Reg. 49, No. 28; July 12, 2024
(a) To lease an
				  area within the right of way a person must submit, at the person's sole
				  expense, a written application to the district administrator of the district in
				  which the right of way is located. The application must be in a form approved
				  by the department and must include:
(1) the
				  name and address of the person requesting the lease;
(2) a legal description of the proposed
				  premises;
(3) a description of the
				  saltwater pipeline facility to be installed, including the proposed size and
				  depth of all pipelines and a description of any appurtenances;
(4) sketches or drawings that show:
(A) the proposed premises;
(B) the proposed Pipeline Facility to be
				  constructed or installed;
(C) the
				  existing highway facilities, existing utilities, and other
				  improvements;
(D) all means of
				  proposed access to the area; and
(E) with preliminary drainage plans, if
				  applicable;
(5)
				  adequate information to support a determination to authorize leasing of the
				  proposed premises;
(6) the
				  proposed term of the lease; and
(7) the name, address, and telephone number
				  of the individual or entity that is authorized to furnish any additional
				  information requested by the department relating to the application.
Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 21 - RIGHT OF WAY › Subchapter R - LEASING OF RIGHT OF WAY TO SALTWATER PIPELINE OPERATORS › Section 21.966 - Disposition of Payments

Current through Reg. 49, No. 28; July 12, 2024
All payments received under this subchapter will be
					 deposited into the state highway fund.