Section 11.52 - Access Connection Facilities(a) Permit. (1) A permit is required before: (A) the construction of an access connection; or(B) a material change in the use of a permittee's real property, traffic volume for the access connection, or vehicle types using the access connection, that would result in the application of more stringent requirements under the department's access management standards than are applicable to the existing approved access connection.(2) The permit provides for a definite understanding as to the location and manner in which the access connection will be constructed and maintained.(3) No term or condition of a permit will be construed to grant, convey, or extinguish an interest in real property held by either the state or a permittee.(b) Permit requirements. (1) The permit will include the terms, conditions, and attachments for driveway design and location plans that are prescribed by the director and the district engineer in order to ensure compliance with the access management standards and to protect and preserve the state highway system and the safety, health, and welfare of its use by the traveling public.(2) Permits will be issued in accordance with the access management standards and all applicable state and federal laws, including rules and regulations. Access connection spacing, materials, geometrics, accessibility, and other design specifications will be considered, as well as the impact on drainage and hydraulics, utility location or relocation, and the environment that will result from the requested construction of an access connection.(3) An engineering study may be required to assist in the permit evaluation process.(4) The district engineer, or the district engineer's designee, will approve each request for a permit that conforms with the standards listed in the department's Access Management Manual and all applicable laws. A decision denying a request for access to a specific location must be in writing, include the reasons for the denial, and be signed by the district engineer.(c) Access Management Standards. Chapter 2, Access Management Standards, of the department's Access Management Manual, governs the standards, criteria, and specifications for the location, design, construction, and maintenance of all access connections. Chapter 2, Access Management Standards is available online at the Texas Department of Transportation web site. That chapter may be periodically revised and updated by the department, provided that the revisions and updates are first approved by written order of the commission. The web site will reflect each change approved by the commission and the changes will be applicable to applications for permits filed after the effective date of such a change.(d) Design. (1) The design for the construction of an access connection is the responsibility of the permittee. The design must be accomplished in a manner and to the standards described in subsection (b) of this section.(2) The location and manner in which the construction of an access connection will be performed within the right of way must be reviewed and approved by the department.(e) Variance. (1) A variance to any requirement contained in the access management standards may be granted if justified in accordance with this subsection and approved by the district engineer, or the district engineer's designee.(2) A request for a variance will be considered only if the property owner or its authorized representative demonstrates that undue hardship or unusual conditions provide justification and alternate measures can be prescribed in keeping with the intent of this subchapter. All requests for a variance must be fully documented with design data and other pertinent information.(3) For each request for a variance, the property owner, or the owner's authorized representative, must clearly demonstrate that:(A) a significant negative impact to the owner's real property or its use will likely result from the denial of its request for the variance, including: (i) the loss of reasonable access to the property; or(ii) undue hardship on a business located on the property; or(B) an unusual condition affecting the property exists that was not caused by the property owner and justifies the request for the variance.(4) When the property owner or its authorized representative satisfies the requirement of paragraph (3) of this subsection, the requested variance will be approved unless the district engineer determines that the location, design, and construction of the requested access connection will:(A) adversely affect the safety, design, construction, mobility, efficient operation, or maintenance of the highway; or(B) likely impair the ability of the state or the department to receive funds for highway construction or maintenance from the federal government.(5) Reasonable conditions for approval of a variance, including a requirement for alternate measures, may be prescribed by the department in order to minimize any adverse impact on the safety, design, construction, mobility, efficient operation, or maintenance of the highway.(f) Platted access points.(1) Platted access points that are located on undeveloped property are subject to the access management standards in effect on the date that the subdivision plat or replat was properly recorded if:(A) development of the tract of real property to be served by the permit commences, and the request for a permit at a platted access point location is submitted to the department, before the fifth anniversary of the date that the subdivision plat or replat was properly recorded; and(B) any material changes to the design of the highway facility in the vicinity of the platted access points after the date that the subdivision plat or replat was properly recorded do not significantly impact traffic patterns to the extent that the platted access points present a threat to public safety.(2) Platted access points that are located on undeveloped property to which paragraph (1) of this subsection do not apply, are subject to the access management standards in effect on the date that the request for the permit is submitted to the department.(g) Remodeled business. The remodeling or demolition and rebuilding of a business structure or improvement on a permittee's real property do not require a new permit or the application of more stringent access management standards than are applicable to the approved access connection, unless the district engineer makes an affirmative finding that the remodeled or rebuilt structure or improvement will significantly impact traffic patterns to the extent that the existing access connection location presents a threat to public safety. The finding of significant impact and threat to public safety must be in writing and include the reasons for the finding. To the extent this subsection conflicts with the requirement in subsection (a) of this section for a new permit related to a material change in the use of the permitted real property, this subsection controls.43 Tex. Admin. Code § 11.52
The provisions of this §11.52 adopted to be effective February 18, 2010, 35 TexReg 1297; Amended by Texas Register, Volume 45, Number 07, February 14, 2020, TexReg 1043, eff. 2/19/2020