Chapter 9: Passes, Stock Passes, and Cattle Guards

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Section 1: Pass Policies (for State)

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The Commission's policy for passes on the highway system is contained in Minute Order No. 62491. Handle pass installations in the right of way transaction with construction and cost responsibilities as outlined in the minute order.

Under provisions of the minute order, the Department will conduct land use and ownership studies and determine property owners' need or desire for passes during the project location stage. Also, provision is made for safety studies and analyses to determine the need for passes as a safety measure. Safety passes, if required by a safety study, will be included in public hearing displays and discussed at the hearing. An explanation of administration policy relative to dual appraisals in connection with pass cost participation will also be discussed at the hearing.

It is TxDOT policy to negotiate with landowners for passes or cattle guards with the objective of continuing farm, ranch, or other agricultural operations which a new highway location or relocation severs, or when an existing highway is to be developed into a multi-lane facility. When a drainage structure is adequate for pass purposes, and the landowner is allowed to retain these rights, acquire right of way on this basis.

When use of a pass across the right of way is allowed, it will be accomplished by permit, by contractual agreement with the State, or as provided in the right of way conveyance to the State. Use the method that allows maximum compliance with policy and the legal requirements pertaining to that particular case.

When pass privileges are part of the right of way transaction, except in cases where an existing pass is to be continued, design approval is required. Such approval will be obtained from the Design Division by the ROW Program Office in Austin prior to approval of recommended values, as indicated in TxDOT's Appraisal and Review Manual. Refer to this manual for pass privilege appraisal procedures and for arriving at values.

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