Section 5: Appeal Process
Anchor: #i1000114Appeal Process (TxDOT as Permitting Authority)
It is preferable that access requests to the state highway system and other issues related to an access connection be resolved at the District level. However, a dispute over a request for an access permit to the state highway system, a requirement for a change or repair of an existing access connection, the denial of a request for a variance, or a finding of significant impact and threat to public safety may be elevated through the appeal process first to the Design Division, then to the Executive Director, and ultimately to a Board of Variance appointed by the Executive Director, all in accordance with 43 Texas Administrative Code, Chapter 11, Subchapter C Access Connections To State Highways, Section 11.55 Appeal Process.
The District should act on a request for a permit or other property owner request related to an access connection no later than 60 days after the date the request is submitted to the District. When an access connection request has been denied by the District, the appeal, if requested, must be submitted to the Director of the Design Division. The petition of appeal must be in writing, completely and succinctly state the grounds for appeal and its factual basis, and include sufficient factual documentation, such as drawings, surveys, or photographs, to establish the merits of the appeal.
In the case where a municipality has access permitting authority, the permit requestor cannot appeal a denial of access to the Department as described above.
Anchor: #i1000148Data Requirements for an Appeal to Design Division
If a property owner or its representative appeals a District decision on an access related issue, the District must promptly provide its position on the issue and sufficient background information to the Design Division. While the data will vary based on the individual request or location, the District's submission of appeal information should include:
- District, county, city, highway, and location,
- Dated chronology of correspondence, meetings, or discussion concerning the access request,
- Participants in the request process, including city, county, developers, consultants, legal counsel, etc.,
- Status of municipal platting/zoning requests and any city council actions or resolutions,
- Highway layout showing the requested access site and the upstream/downstream roadway system and associated access (including roadway/driveway geometrics if applicable to resolution),
- TIA as indicated in Chapter 3, Section 3,
- The requestor's proposed access solution,
- The District's proposed access solution; and,
- District discussion/comments with respect to the access request.
The TxDOT appeal process will determine final resolution of the access request and whether or not the District is to issue the access permit. Once the appeal process is completed for an access request, no additional appeal or dispute resolution will be granted.