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Section 5: Appeal Process for Permit Denials

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Procedure

An applicant may file a written petition with the Executive Director to appeal a denied permit. The petition should contain (1) a copy of the denied permit application, (2) a statement of facts as to why the denial is believed to be in error, and (3) supporting documentation such as drawings, surveys, or photographs.

The appeal request must be received within forty-five (45) days after the date the denial notice was received. The Executive Director or designee will make a final determination on the appeal within sixty (60) days after the date that the Executive Director receives the request for appeal. If the petition is denied, TxDOT will send a written decision to the applicant stating the reason for denial.

If the Executive Director or designee is unable to make a final determination on the appeal within the 60-days the department will notify the applicant by mail of the delay and provide an estimated time in which a final determination will be made.

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