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Section 2: Guidelines for Land Use Facilities (TxDOT) (for State)

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In an effort to conform more closely to the requirements of 43 TAC Section 21.81, and to increase the over-all efficiency and coordination between various TxDOT Divisions, the following guidelines are established for TxDOT use.

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TxDOT will authorize these facilities on an individual basis, with consideration of the merits and circumstances of each case.

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For rural projects, during the initial design a determination is made of the ownership, current usage, and operational requirements of each land use interest affected by the project. A determination is made of the approximate number and location of passes required or desired by landowners and lessees. Passes will be categorized into: (1) those automatically available due to drainage needs, (2) those warranted to meet safety needs, and (3) all other passes where dual appraising under 43 TAC Section 21.81(1)(F) will be required to determine justification and cost participation in order to mitigate damages.

When a pass is proposed as a safety measure, prior to design prepare a special report for the public hearing and forward it to the ROW Program Office for review. The ROW Program Office forwards the report to the Deputy Executive Director for Transportation Planning and Development and the FHWA, when appropriate, for approval. Include the following information in this report:

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