1. (a) The design of any utility installation will be the responsibility of the utility company. An installation within the highway right-of-way must be reviewed and approved by the department with regard to the location and the manner of adjustment. This includes the measures to be taken to preserve the safety and free flow of traffic, structural integrity of the roadway or highway structure, ease of highway maintenance, appearance of the highway, and the integrity of the utility facility. Utility installations on, over, or under the right-of-way of the state highway system shall conform with requirements contained herein and/or, as a minimum, the appropriate requirements outlined in the following, whichever is greater.

   1. (1) Safety rules for the installation and maintenance of electric supply and communication lines--National Electric Safety Code.
   2. (2) Title 49, Code of Federal Regulations, Part 192, Transportation of Natural and Other Gas by Pipeline: minimum federal safety standards and amendments.
   3. (3) Title 49, Code of Federal Regulations, Part 195, Transportation of Liquids by Pipelines and amendments.
   4. (4) Latest American Society for Testing and Materials (ASTM) specifications.
   5. (5) Most recent edition of the Texas Manual on Uniform Traffic Control Devices.
   6. (6) Latest edition of the Rules and Regulations for Public Water Systems, published by the Texas Department of Health, Water Hygiene Division.
   7. (7) Most recent edition of the AASHTO policy entitled "A Policy on the Accommodations of Utilities Within Freeway Right of Way."
2. (b) All utility installations will be of durable materials designed for long life expectancy and relatively free from routine servicing or maintenance. In addition to the requirements herein, any existing utility lines to remain in place must be of satisfactory design and condition in the opinion of the district engineer.
3. (c) Special precautions should be taken during utility installations to avoid disturbing existing drainage courses. In addition, soil erosion should be held to a minimum and sediment from the construction site should be kept away from the roadway and drain inlets.
4. (d) Underground utility installations should be backfilled with pervious material and outlets provided for entrapped water. Underdrains shall be provided where necessary. No jetting or puddling beneath the roadway will be permitted.
5. (e) Clearances between underground utilities and storm sewers shall be a minimum of 12 inches if the installation can take place without disturbing the storm sewer installation. Otherwise, the minimum clearance will be 24 inches.
6. (f) On new installations or adjustment of existing utility lines provision for known or planned expansion of the utility facilities may be made, all at the sole expense of the utility firm. Any such expansion should be planned so as to minimize hazards and interference with highway traffic at a future date.
7. (g) Manholes shall be limited to those necessary for installation and maintenance of underground lines. In no case shall they be placed or permitted to remain in the pavement or shoulders of high volume roadways except at those locations on noncontrolled access highways in urban areas where necessary for existing lines which may be permitted to remain in place under existing or proposed roadways. Manholes may remain in place or be installed under traffic lanes of low volume roadways in municipalities, provided measures are taken to minimize such installations and to avoid their locations at intersections insofar as possible. Manholes vary as to size and shape depending on the type of utility they serve. To conserve space their dimensions should be the minimum acceptable by good engineering and safety standards. In general, the only equipment to be installed in manholes located on highway right-of-way is that which is essential to the normal flow of the utility, such as circuit reclosers, cable splices, relays, valves, and regulators. Other equipment such as substation equipment, large transformers, pumps, etc., should be located outside the limits of the highway right-of-way. Straight line manholes are the only type normally permitted within the right-of-way. The width dimensions should be no larger than is necessary to hold equipment involved and for safety standards to be assured for maintenance personnel. Outside width should not exceed seven feet, with the length to be held to a reasonable minimum. The outside diameter of the manhole chimney at the ground level should not exceed 36 inches. Where proven necessary the outside diameter of the chimney may be up to 50 inches. The top of the roof of the manhole should be five feet below ground level. Where such depth factor is impracticable sufficient data should be submitted to the department for handling as an exception. For width and depth requirements concerning sanitary sewer manholes refer to §21.46 of this title (relating to Sanitary Sewer Lines). All manhole covers shall be installed flush with the ground and/or pavement surface, whichever is applicable. In order to minimize vandalism, manhole covers placed anywhere within state right-of-way must weigh at least 175 pounds. All underground utilities within the highway right-of-way, including manhole rings and covers, must be designed for HS-20 loading.

Source Note:The provisions of this §21.38 adopted to be effective January 1, 1976; amended to be effective May 29, 1989, 14 TexReg 2366.