Chapter 2: Policy and Guidelines
Anchor: #i1001995Section 1: TxDOT Drainage-Related Policy
Anchor: #i1002000General Policy
This chapter uses “policy” as a general term. Federal and state regulations and rules have the force of law, and compliance is not at the discretion of TxDOT.
Anchor: #i1002010FHWA Policy
FHWA sets forth policy and guidance in the Federal Aid Policy Guide (FAPG). See the Project Development Policy Manual for more information on this guide. The primary policy for drainage is 23 CFR §650. The Hydraulic links page provides links to the FAPG relating to the location and hydraulic design of encroachments on floodplains and erosion and sediment control on highway construction projects.
Anchor: #i1002027Texas Administrative Code on Drainage
The five drainage-related items appearing in the Texas Administrative Code (TAC) -- 43 TAC §15.54(e)(1) through 45 TAC §15.54(e)(5) -- as local participation rules are described below:
- TxDOT is responsible for constructing drainage systems within state right of way.
“In general, it shall be the duty and responsibility of the department to construct, at its expense, a drainage system within state highway right of way, including outfalls, to accommodate the storm water that originates within and reaches state highway right of way from naturally contributing drainage areas.”
NOTE: Outfalls are integral parts of highway drainage facility design. TxDOT is responsible for ensuring that natural runoff from a naturally contributing drainage area is transferred to the receiving waters without incurring significant impact to the receiving waters or adjacent property. The outfall should be extensive enough to create this condition, and adequate right-of-way should be acquired to ensure continued satisfactory operation of the outfall. This policy is not intended to preclude cost sharing with local agencies, nor is it intended to absolve local agencies and land developers of responsibility for increased runoff impacts due to development.
- TxDOT is responsible for adjusting or relocating any existing drainage channel when necessary.
“Where a drainage channel, man-made, natural, or a combination of both, is in existence prior to the acquisition of highway right of way, including right of way for widening the highway, it shall be the duty and responsibility of the state to provide for the construction of the necessary structures and/or channels to adjust or relocate the existing drainage channel in such a manner that the operation of the drainage channel will not be injured. The construction expense required shall be considered a construction item. The acquisition of any land required to accomplish this work shall be considered a right of way item, with cost participation to be in accordance with §15.55 of this title (relating to construction cost participation).”
- TxDOT is responsible for adjusting the structure and channels to accommodate any approved drainage plan.
“Where an existing highway crosses an existing drainage channel, and a political unit or subdivision with statutory responsibility for drainage develops a drainage channel to improve its operation, both upstream and downstream from the highway, and after the state establishes that the drainage plan is logical and beneficial to the state highway system, and there is no storm water being diverted to the highway location from an area that, prior to the drainage plan, did not contribute to the channel upstream of the highway, and after construction on the drainage channel has begun or there is sufficient evidence to insure that the drainage plan will be implemented, the department, at its expense, shall adjust the structure and/or channels within the existing highway right of way as necessary to accommodate the approved drainage plan.”
NOTE: TxDOT can adjust a facility to accommodate public improvement works that directly benefit the operation of the highway. However, TxDOT is not required to make changes to highway facilities just to accommodate development in the drainage area.
- Others wishing to cross the highway where there is no drainage crossing must obtain approval from TxDOT and provide construction and maintenance costs.
“Where a state highway is in existence, and there is a desire of others to cross the existing highway at a place where there is not an existing crossing for drainage, then those desiring to cross the highway must provide for the entire cost of the construction and maintenance of the facility that will serve their purpose while at the same time adequately serving the highway traffic. The design, construction, operation, and maintenance procedures for the facility within state highway right of way must be acceptable to the department.”
- The local government wanting to join in diverting drainage must pay for collecting and carrying diverted water and contribute to its share of the system cost.
“In the event the local government involved expresses a desire to join the department in the drainage system in order to divert drainage into the system, the local government shall pay for the entire cost of collecting and carrying the diverted water to the state’s system and shall contribute its proportional share of the cost of the system and outfall based on the cubic meters per second of additional water diverted to it when compared to the total cubic meters per second of water to be carried by the system. The local government requesting the drainage diversion shall indemnify the state against or otherwise acknowledge its responsibility for damages or claims for damages resulting from such diversion.”
Anchor: #i1002105Texas Administrative Code on Reservoirs
Directions on TxDOT facilities relating to reservoir construction are based on 43 TAC §15.54(f) through 45 TAC §15.54(g).
“Where existing highways and roads provide a satisfactory traffic facility in the opinion of TxDOT and no immediate rehabilitation or reconstruction is contemplated, it shall be the responsibility of the reservoir agency at its expense to replace the existing road facility in accordance with the current design standards of the department, based upon the road classification and traffic needs.”
“Where no highway or road facility is in existence but where a route has been designated for construction across a proposed reservoir area, the department will bear the cost of constructing a satisfactory facility across the proposed reservoir, on a line and grade for normal conditions of topography and stream flow, and any additional expense as may be necessary to construct the highway or road facility to line and grade to comply with the requirements of the proposed reservoir shall be borne by the reservoir agency.”
“In soil conservation and flood control projects involving the construction of flood retarding structures where a highway or road operated by TxDOT will be inundated at less than calculated 50-year frequencies by the construction of a floodwater retarding structure, it will be expected that the NRCS or one of its cooperating agencies will provide funds as necessary to raise or relocate the road above the water surface elevation that might be expected at 50-year intervals.”
“In those cases where a highway or road operated by TxDOT will not be inundated by floods of less than 50-year calculated frequency, it will be the purpose of the department to underwrite this hazard for the general welfare of the State and continue to operate the road at its existing elevation until such time as interruption and inconvenience to highway travel may necessitate raising the grade.”
Anchor: #i1002146Texas Administrative Code on Irrigation Facilities
The TAC establishes when construction or relocation is a highway right-of-way item and whether TxDOT is or is not responsible for costs. The following information is taken from 43 TAC §15.54(g)(1) and 43 TAC §15.54(e)(2).
- Where an irrigation facility is
in existence prior to the acquisition of highway right of way, including
right of way for widening, and the highway project will interfere
with such a facility, the following rules shall govern:
- If, at the place of interference the irrigation facility consists primarily of an irrigation canal that crosses the entire width of the proposed right of way, this shall be considered a crossing, and it shall be the duty and responsibility of the department to construct and maintain an adequate structure and to make the necessary adjustments or relocation of minor laterals and pumps, etc. associated with the crossing, in such a manner that the operation of the irrigation facility will not be injured therefrom. The construction work at a crossing will be borne by the department. The acquisition of any land required to accomplish the adjustments and/or relocation shall be a right-of-way consideration.
- Any irrigation facility encountered that does not cross the right of way and consists primarily of a longitudinal canal and/or associated irrigation appurtenances such as pumps, gates, etc., that must be removed and relocated shall be considered as a right-of-way item.
- In those cases where both crossing and longitudinal adjustments or relocation of irrigation facilities are encountered, each segment shall be classified and placed in one of the above two categories.
- Where a highway is in existence and there is a desire of others to cross the existing highway with an irrigation facility at a highway point where there is not an existing crossing facility, then those desiring to cross the highway must provide for the entire cost of the construction and maintenance of the irrigation facility that will serve their purpose while at the same time adequately serve the highway traffic. The design, construction, operation, and maintenance procedures for the facility within highway right-of-way must be acceptable to the department.