Section 10: Federal-aid Participation

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

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For State

Federal-aid cost participation requires that the State has adopted a Utility Accommodation Rules (UAR) that is in compliance with, or stricter than, the federal guidelines listed in 23CFR 645 A & B. TxDOT has been required to submit a statement to the FHWA that complies with the direction of Section 645.215 and documents the following:

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  • the authority of utilities to use and occupy the right of way of State highways;
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  • the State’s power to regulate such use; and
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  • the policies the State proposes to employ for accommodating utilities within the right of way of all Federal-aid highways under its jurisdiction.

Compliance with these guidelines, accompanied by the State’s use of Alternate Procedure, as outlined in Section 645.119, allows the State to recover 90% of the eligible costs of utility adjustments.

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Federal-aid programs in the development of LPA transportation facilities have enabled TxDOT to participate in the design and construction of these roadways without the necessity of bringing them onto the State system.

Under 23CFR, Section 645.209(g) for Federal-aid projects on highways where TxDOT cannot exercise authority to control utility use of the highway right of way, TxDOT is required to make adequate arrangements to ensure that utility use of the highway right of way is properly controlled. TxDOT may:

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  • handle the adjustment of utility facilities in accordance with its FHWA-approved UAR; or
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  • require that the LPA enter into written agreements with the utility, if the LPA is to perform adjustments, that comply with the UAR; and
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  • check to be sure that the LPA’s ordinance, resolution, franchise, or permit process has stricter guidelines than those of TxDOT and FHWA.

Compliance with FHWA requirements gives TxDOT the flexibility to design and construct certain LPA projects in accordance with State laws and standards, rather than in accordance with Federally approved standards. However, FHWA does not consider that the UAR falls under the exemptions allowed by these Federal-aid programs.

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