Section 3: Preliminary Utility Adjustment Funding Determinations

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Federal Utility Procedure (FUP)

PLEASE NOTE: Although Alternate Procedure has been used on all Federal-aid in right of way projects since 1973, regardless of the type of roadway, the term “Alternate Procedure” has been changed with the release of this manual to “Federal Utility Procedure”, as it relates to the Subprocess of “The Process”.

The term derives from 23CFR Section 645.119, Alternate Procedure, which allows a state transportation department “to act in the relative position of the FHWA for reviewing and approving the arrangements, fees, estimates, plans, agreements, and other related matters” including “all actions necessary to advance and complete all types of utility work”, with certain exceptions; (refer to 23CFR Section 645.119, (b) (1), et seq).

23CFR 645.119 sets forth provisions that must be followed when Federal-aid is involved in right of way. To satisfy the requirements of Section 119, submit two copies of the following data to the ROW Division:

This information may be obtained from District records or other sources that give a reasonable cost analysis of the proposed utility work. Include all known necessary utility adjustments within the right of way project.

Before requesting an AP, the project must appear on the TIP and a right of way project release must be obtained from the Contracts and Finance Section, ROW Division. It is necessary that the right of way project release covers utilities and that a Federal-aid Project Number [taken from the Approval Statement on the Federal Project Authorization and Agreement (FPAA)] has been assigned. This number must appear on all subsequent correspondence.

The FHWA will authorize TxDOT to approve all utility adjustments except those under 23CFR 645 Section 119 (b) (1) and (2). Those utility adjustments to be handled under (b) (1) and (2) will be processed for prior approval by the FHWA. These exceptions include:

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  • Utility relocations and adjustments involving major transfer, production, and storage facilities such as generating plants, power feed stations, pumping stations, and reservoirs.
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  • Utility relocations falling within the scope of Section 645.113 (h), (i), and (j), and Section 645.107(i).

If unknown utilities are discovered before or after the construction contract letting, update the approved AP list and notify the ROW Division.

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State Utility Procedure (SUP)

TxDOT has adopted an SUP that is, in general, consistent with Federal guidelines. The concentration of the SUP is primarily based on compensable interests. Requirements of the SUP are provided in Chapter 8, Section 6, State Utility Procedure.

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