1. (a) Except as provided in §21.48 (relating to Traffic Structures), for a utility facility occupying the right of way under a use and occupancy agreement form as described in §21.53 of this title (relating to Use and Occupancy Agreement Forms), exceptions to any design, location, or methods of installation provisions contained in these sections relating to utility accommodation shall be recommended for approval by the District Engineer or designee and authorized by the Right of Way Division Director using the form entitled "Certification for Utility Accommodation".
2. (b) Except as provided in §21.48 of this title (relating to Traffic Structures), for a proposed utility installation on an existing highway placed by a notice of proposed installation form as described in §21.54 of this title (relating to Notice Forms), or by any instrument other than a use and occupancy agreement form, exceptions to any design, location, or methods of installation provisions contained in these sections shall be recommended for approval by the District Engineer or designee and authorized by the Maintenance Division Director.
3. (c) Requests for exceptions will be considered only where it is shown that extreme hardship and/or unusual conditions provide justification and where alternate measures can be prescribed in keeping with the intent of these sections. All requests for such exceptions shall be fully documented with design data, cost comparisons, and other information that may be pertinent.

Source Note:The provisions of this §21.35 adopted to be effective January 1, 1976; amended to be effective May 29, 1989, 14 TexReg 2366; amended to be effective April 21, 1997, 22 TexReg 3443; amended to be effective February 21, 1999, 24 TexReg 1220.