Section 6: Local Agency Ordinances and Requirements
Local agencies may be involved in numerous phases in TxDOT projects for various reasons. For instance, coordination with local agencies may be needed in order to ensure a project complements the surrounding community, or when facilities not owned or maintained by TxDOT are to be constructed, modified or affected by a TxDOT project. Local agencies may be required to participate in project development by providing funding.
TxDOT is not generally obligated to design or meet local agency requirements that may differ from or be more stringent than state or federal requirements. Certain situations may lead to TxDOT’s acceptance of local requirements. For example, the Record of Decision (ROD) associated with an Environmental Impact Statement or Environmental Assessment may require adherence to certain local requirements as a condition of project approval. Another example may be a case in which the local agency is to assume ownership and maintenance of a drainage facility once the construction by TxDOT is complete. Any costs beyond what TxDOT deems necessary and proper associated with meeting local requirements will be the full responsibility of the local agency.
At the discretion of the District Engineer or other designated District personnel, TxDOT may choose to accommodate criteria different or more restrictive than those customary for TxDOT. Each District has reasonable latitude to act in the spirit of cooperation with other agencies, when to do so is deemed by District staff to be in the best interest of the public. Such accommodation should be on a case-by-case basis; prior accommodation should not be viewed as assurance of future accommodation.