Chapter 3: References for Utility Accommodation

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Section 1: Introduction

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Legal Requirement Categories

Most actions needed for utility adjustments are governed by various legal requirements. These requirements can be categorized as follows:

  • Statutes. Statutes often require the Federal or State agency to establish rules and regulations to carry out the intent of the legislation. These rules and regulations are published in either the Federal Register (for Federal agencies) or the Texas Register (for Texas agencies). The published and adopted rules are commonly referred to as “Administrative Law.”
  • Administrative Law. Administrative laws have the force and effect of law. The Code of Federal Regulations (CFR) contains the Federal Government’s administrative law. The Texas Administrative Code (TAC) contains the State of Texas’ administrative law. The appropriate sections of these codes form the basic rules for adjusting and accommodating utilities on transportation projects.
  • Minute Orders. While they do not have the force and effect of law, Minute Orders (MO) of the Texas Transportation Commission (TTC) and policy statements of TxDOT have an impact on the actions to handle utility adjustments. Some of the MOs reinforce established laws or requirements, while others establish policies.
  • Court Cases.

The adjustment and accommodation of utility facilities on the State highway system, and reimbursement for the costs of such work, will be in accordance with the provisions of:

  • Federal codes and regulations
  • Texas codes and regulations
  • Texas Transportation Commission Minute Orders
  • TxDOT policies.

It should be noted that TxDOT policy on utility adjustments is generally more restrictive than the Federal regulations.

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