Section 3: Multiple Use Agreements
Anchor: #i1000965Multiple Use Policy
The department may enter into an agreement with a political subdivision or federal agency to use portions of the highway right of way for public facilities other than highway purposes. Public facilities may include such things as parking areas, parks, recreational areas, hike and bike trails, boat ramps, law enforcement functions, etc. A Multiple Use Agreement (Form 2044) must be executed for each multiple use facility under consideration. Projects on the Federal-Aid highway system require FHWA approval. Form 2044-FED is used for multiple use agreements with federal agencies.
Any request for a Multiple Use Agreement should be coordinated with the Maintenance Division (MNT) in the early stages. The district should retain the responsibility for preparation of the agreement with the requesting entity providing the appropriate information, exhibits, etc. necessary for the district to prepare the agreement.
The district should inspect multiple use sites regularly during construction, within thirty days of completion of construction and once per year thereafter. Compliance with the terms of the agreement should be enforced. When an entity charges a fee for parking to cover the cost of construction, maintenance and operation of the facility, the district should perform audits periodically to assure the entity is not making a profit.
Anchor: #i1000992Execution of Multiple Use Agreements
Responsibility for administering Multiple Use Agreements will be shared by MNT and the Design Division (DES). On highway projects that are in the design stage or under construction, proposals for multiple use development will be submitted to DES. On completed highway projects, proposals for multiple use will be submitted to MNT.
Anchor: #SHEQIPOIAuthority
The authority to execute a Multiple Use Agreement is contained in Texas Administrative Code, Title 43, Rule §11.21.