- (a) Access permit requests. A request for a permit for a new access connection across an access denial line will be considered under this section. The district engineer, in the district engineer's sole discretion, may grant or deny a permit request under this section.
(b) Access permit request contents. A permit request must include:
- (1) a description of the development or undeveloped property for which access is being requested;
- (2) an engineering study that is acceptable to the department and that shows the safety of the requested access;
- (3) all information required under §11.52(b) of this subchapter (relating to Access Connection Facilities); and
- (4) any additional information relating to the requested permit that is requested by the department.
- (c) Evaluation by the department. A permit request under this section must comply with all other access requirements of this subchapter.
(d) Access permit fees. If a permit request is approved, the requester must pay a permit fee in accordance with this subsection before the department will issue an access permit.
- (1) The fee for a permit for a private driveway access is $250.
- (2) The fee for a permit for a commercial driveway access is based on the most recent unadjusted market value of the land and improvements on the benefitted property determined by the local appraisal district established under Tax Code, Chapter 6, Subchapter A. The fee is:
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- (e) No rights of access conveyed. The issuance of a permit under this section does not convey any property right, including a right of access to the highway facility. The department, in its sole discretion, may revoke a permit issued under this section on its determination that the access location is needed for a highway purpose. Such a revocation may not be the basis for any claim of a constitutional taking of property for the loss of access to the highway facility.
Source Note:The provisions of this §11.59 adopted to be effective February 19, 2025, 50 TexReg 865.