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