Section 2: Dispute Resolution
Anchor: #i1000993Dispute Resolution Process (TxDOT as Permitting Authority)
It is preferable that access requests to the state highway system be resolved at the District level. However, a dispute over a request for an access permit to the state highway system may be elevated through the Design Division to the TxDOT Administration for final resolution. Such elevation may be initiated either by the District, or by the permit applicant through the District office.
When an access connection request has been denied by the District, the appeal, if requested, must be submitted to the Design Division. The Design Division will coordinate the information needed for final resolution and make a recommendation for the Administration to consider in determining final resolution.
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: #i1001014Data Requirements for Final Administrative Resolution (Design Division)
While the data will vary based on the individual request or location, information required for submission of an access request for final administrative resolution 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 4.
- The requestor’s proposed access solution
- The District’s proposed access solution
- District discussion/comments with respect to the access request.
The TxDOT Administration will determine final resolution of the access request and the District will issue the access permits based on the Administration’s final resolution. Once the Administration has determined a final resolution of the access request, no additional appeal or dispute resolution will be granted.