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Section 4: Passes and Cattleguards

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A pass allows movement of livestock, vehicles or products to go underneath the roadway. A cattleguard is a structure placed across a highway which allows vehicles to pass but prevents livestock from crossing.

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Where a landholding constitutes an operating farm, ranch or other rural type of economic operation, it is the policy of the department to negotiate with the landowner for a pass or cattleguard with the objective of continuing, if possible, uninterrupted usage and operation of such landholding.

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Methods of Securing a Pass or Cattleguard

Passes or cattleguards may be secured by abutting property owners by permit or by the right of way conveyance. Passes or cattleguards installed by permit are subject to relocation or removal if requested by the department.

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Construction and Maintenance Responsibility

All passes or cattleguards will be constructed by the department, its contractor or the property owner. Maintenance of passes is the responsibility of the property owner, unless specified otherwise in the right of way conveyance, and all materials should be approved by the department.

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Permit Forms

Form 1075 should be executed for passes or cattleguards on existing highways. The district must submit permits for a pass on an interstate highway to the Maintenance Division for approval. Permits for a pass or cattle guard installation on other highways may be approved by the district engineer.

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Texas Administrative Code, Title 43, Rule §21.81 authorizes the department to issue permits for passes.

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