Section 6: Access Driveways
Anchor: #i1001104General Access Driveway Policy
Under the provisions and policies of Texas Administrative Code, Title 43, Chapter 11, Subchapter C, the department will issue access driveway permits to owners of property abutting state highways. The permitting process on highways on the state highway system within the jurisdiction of a municipality or eligible county (as defined in the Texas Administrative Code) may be transferred to the municipality or eligible county at their request and with approval by the department. Issuance of permits, construction and maintenance of these driveways should be in accordance with the department's Access Management Manual.
A completed Permit Form 1058 is necessary whenever new access driveways are constructed or existing access driveways are modified.
Anchor: #i1018240Driveway Permit for Mineral Interest
If the owner/lessee of a mineral interest of a property requires installation of an access driveway, the Department may issue a permit to construct access driveway facilities on highway right of way. The applicant will complete Form 1058 for the new access driveway, but also demonstrate they are the owner/lessee of a mineral interest and that they have provided a copy of the driveway permit application to the surface owner prior to submitting the application to the district. The applicant must complete Form 2903 to demonstrate the requirements along with Form 1058.
A protest from the surface owner shall not be the basis for denying or delaying the issuance of a permit. A protesting surface owner should be advised to deal directly with the mineral owner/lessee.