The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Access connection--Facility for entry and/or exit such as a driveway, street, road, or highway that connects to a highway on the state highway system.
- (2) Access management standards--The standards, criteria, and specifications prescribed in Chapter 2, Access Management Standards, of the department's Access Management Manual that govern the location, design, construction, and maintenance of access connections.
- (3) Commercial driveway--An entrance to, or exit from, any commercial, business, or similar type establishment.
- (4) Commission--The Texas Transportation Commission.
- (5) Construction of an access connection--The installation, construction, reconstruction, relocation, enlargement, or other material modification of an access connection.
- (6) Department--The Texas Department of Transportation.
- (7) Design division--The administrative office of the department responsible for the development of engineering design guidance and oversight of projects developed on the state highway system.
- (8) Development--The new construction or the enlargement of any exterior dimension of a building, structure, or improvement.
- (9) Director--The chief administrative officer in charge of the design division.
- (10) District--One of the 25 geographic districts into which the department is divided.
- (11) District engineer--The chief administrative officer in charge of the district in which the access connection is located, or that officer's designee.
- (12) Eligible county--A county with a population of 3.3 million or more or a county adjacent to a county with a population of 3.3 million or more.
- (13) Engineering study--An appropriate level of analysis as determined by the department, which may include a traffic impact analysis, that determines the expected impact that permitting access will have on mobility, safety, and the efficient operation of the state highway system.
- (14) Executive director--The executive director of the department, or a designee not below the level of deputy executive director or assistant executive director.
- (15) Local access management plan--A plan or guideline in a formally adopted rule or ordinance that is related to the application of access management within the municipality's or eligible county's jurisdiction.
- (16) Local access road--A local public street or road, generally one parallel to a highway on the state highway system to which access for businesses or properties located between the highway and the local access road is provided as a substitute for access to the highway. A local access road may also be called a lateral road or reverse frontage road, depending on individual location and application.
- (17) Permit--Authorization for entry to or exit from a state highway and adjacent real property, issued by the department under Transportation Code, Chapter 203.
- (18) Permittee--A real property owner, or the owner's authorized representative, who receives an access connection permit from the department to construct or modify an access connection from the owner's property to a highway on the state highway system.
- (19) Platted access point--An access connection identified in a plat or replat of a subdivision of real property properly recorded in the county clerk's office in accordance with Property Code, §12.002.
- (20) Private driveway--An entrance to or exit from a residential dwelling, farm, or ranch for the exclusive use and benefit of the permittee.
- (21) Public driveway--An approach from a publicly maintained street, road, or highway.
- (22) Regionally significant highway--A highway functionally classified as a minor arterial or higher.
- (23) Traffic impact analysis--A traffic engineering study to the level of analysis determined by the department that determines the potential current and future traffic impacts of a proposed traffic generator and is signed, sealed, and dated by an engineer licensed to practice in the state of Texas.
- (24) Undeveloped property--The real property identified in a plat or replat of a subdivision properly recorded in the county clerk's office in accordance with Property Code, §12.002, on which development has not commenced.
Source Note:The provisions of this §11.51 adopted to be effective October 16, 2003, 28 TexReg 8958; amended to be effective October 19, 2006, 31 TexReg 8574; amended to be effective February 18, 2010, 35 TexReg 1297.