Section 2: Control of Access Fences (for State)Anchor: #i998936
Control of access fences may be built along or immediately inside control of access lines to serve as physical barriers to the through lanes. They may also be built along the right of way to safeguard against traffic hazards caused by intrusion of people, animals, vehicles, machines, etc., from outside the right of way. All control of access fencing will be accomplished as a TxDOT construction item.
If right of way is being acquired, an engineering determination of the need for access fencing is required so that right of way and design requirements can be coordinated. For projects in the preliminary development stage, make this decision at the schematic stage so FHWA approval may be obtained and right of way appraisals made on the proper basis.
When control of access fences are needed as part of the highway facility, acquisition should be on the basis that the fences will be constructed and maintained by TxDOT, and that they will also serve as property fences. Landowners should not be given the option of accepting payment for an unfenced condition. These fences are part of the highway facility.
When access fences are installed by TxDOT and additional right of way is purchased, include a clause similar to the following (but adapted to the specific situation) in the MOA (or purchase agreement):
“The Texas Department of Transportation will install and maintain a fence along the right of way line and no gates will be permitted where access is denied. Where access is permitted, TxDOT's original installation shall include (number) gates (or cattle guards) located as follows: (location description).
Additional future gates or cattle guards shall be located subject to TxDOT approval and will be installed by TxDOT. Grantors agree that they will not install any gates or cattle guards, or cut or otherwise damage the state-owned fence, and that they will deliver at the gate or cattle guard site the required materials meeting TxDOT specifications for TxDOT installation of approved additional gates or cattle guards. The fence and all gates, whether installed originally or in the future, shall be and remain in the ownership of the state.”