1. (a) Utility lines shall be located to avoid or minimize the need for adjustment for future highway improvements and to permit access to the utility lines for their maintenance with minimum interference to highway traffic.
2. (b) On controlled access highways, the location shall permit maintenance of the utility by access from frontage roads where provided, nearby or adjacent roads and streets or trails along or near the highway right-of-way line, to the extent practicable, without access from the through traffic roadways or ramps.

3. (c) New utilities will not be permitted to be installed longitudinally within control of access lines of any freeway, except that in special cases such installations may be permitted under strictly controlled conditions. However, in each such case the utility owner must show that:

   1. (1) the accommodation will not adversely affect the safety, design, construction, operation, maintenance, or stability of the freeway;
   2. (2) the accommodation will not be constructed and/or serviced by direct access from the through traffic roadways or connecting ramps;
   3. (3) the accommodation will not interfere with or impair the present use or future expansion of the freeway; and
   4. (4) any alternative location would be contrary to the public interest. (This determination would include an evaluation of the direct and indirect environmental and economic effects that would result from the disapproval of the use of such right-of-way for the accommodation of such utility.)
4. (d) Where a utility already exists within the proposed right-of way of a freeway and it can be serviced, maintained, and operated without access from the through traffic roadways or ramps, it may remain as long as it does not adversely affect the safety, design, construction, operation, maintenance, or stability of the freeway; otherwise, it must be relocated.
5. (e) The longitudinal installation of a utility between the right-of-way line and the frontage road will not violate control of access in those control areas near ramp terminals.
6. (f) When longitudinal installations are proposed within existing access control lines as special cases and meet the conditions under subsection (c) of this section, a utility strip shall be established by locating a utility access control line between the proposed utility facility and the through roadway and ramps. Existing fences should be retained and, except along sections of freeways having frontage roads, planned fences should be located at the freeway right-of-way line. Denial of access regarding property adjoining the right-of-way line will not be altered.
7. (g) Longitudinal installations shall be located on uniform alignment as near as practicable to the right-of-way line to provide space for future highway construction and for possible future utility installations.
8. (h) On highways with frontage roads, longitudinal utility installations will be located between the frontage roads and the right-of-way line. Utility lines shall not be placed or remain in the center median, or beneath through traffic roadways, ramps, or connecting roadways (including shoulders).
9. (i) Utility lines crossing the highway should be located at approximate right angles to the highway to the extent feasible and practicable. Reasonable latitude may be exercised as regards the crossing angle of existing lines which are otherwise qualified to remain in place.
10. (j) The horizontal and vertical location of utility lines should conform with the clear roadside practices of the department, consistent with the clearances applicable to all roadside obstacles.
11. (k) In utility installations, consideration shall be given to state and local requirements. It shall be the utility company's responsibility to determine if other utility lines exist or are planned at the proposed installation area. The utility company should insure that the proposed installation is compatible with existing or proposed utilities.

Source Note:The provisions of this §21.37 adopted to be effective January 1, 1976; amended to be effective May 29, 1989, 14 TexReg 2366.