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Section 7: Federal Utility Procedure

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Interstate with Federal Funds in Right of Way

Transportation Code, §203.092, provides that the adjustment of any utility facilities necessitated by the improvement of any highway on the interstate highway system will be made by the utility at the expense of TxDOT, provided such adjustment is eligible for Federal participation. The intent of this article is to relieve utility owners of the financial burden of adjustments necessitated by improvements to interstate highways. The Federal Utility Procedure (FUP) flowchart in PDF format, showing steps of this procedure, is available.

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Characteristics

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  • TxDOT is directly responsible for all utility adjustments and payments.
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  • Utility adjustments are eligible for reimbursement at any location, regardless of prior property rights held.
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Benefits

When a non‑interstate right of way project is converted to Federal-aid participation, the following requirements apply.

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  • Limit TxDOT and Federal participation to the adjustment of facilities located on utility-owned compensable interests.
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  • Use ROW-U-35
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  • Follow the requirements in Section 6 of this Chapter. These sections refer to required data that must be submitted to ROW Division and to FHWA ( 23CFR 645.111) to receive approval of utility agreements under State Procedure. This information is required on each right of way project.
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  • When adjustments involve facilities located on both highway right of way and utility-owned right of way, determine an eligibility percentage according to Eligible Adjustments.
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