1. (a) For highways under department jurisdiction, the provisions of this subchapter concerning utility accommodation apply to:

   1. (1) new utility installations;
   2. (2) additions to or maintenance of existing utility installations;
   3. (3) adjustments or relocations of utilities; and
   4. (4) existing utility installations retained within the right of way.
2. (b) The provisions of this subchapter concerning utility accommodation do not apply to utilities located within the rights of way of completed highways for which agreements with the department were entered into before the effective date of this subchapter.
3. (c) This subchapter applies to utility lines not specifically mentioned in accordance with the nature of the line. All lines carrying caustic, flammable, or explosive materials shall conform to the provisions for high-pressure gas and liquid fuel lines.
4. (d) The district engineer may prescribe special district supplemental accommodation requirements on a specific installation or adjustment based on the specific soil, terrain, climate, vegetation, traffic characteristics, type of utility line, or other factors unique to the area. If the district supplemental accommodation requirements are more strict than the minimum requirements of this subchapter, the supplemental accommodation requirements must be detailed in writing.

Source Note:The provisions of this §21.33 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective December 10, 2009, 34 TexReg 8795.