1. (a) Policy. The department may authorize the closure of a segment of the state highway system for no more than seven days if such action serves a public purpose and is consistent with the safety of the traveling public. This section prescribes the policies and conditions by which an individual, private entity, or governmental entity may obtain such approval.

2. (b) Request.

   1. (1) Who may submit.

      1. (A) Unincorporated area. Any individual, private entity, or governmental entity may submit a request for approval of a closure in an unincorporated area.
      2. (B) Incorporated area. Only a municipality may submit a request for approval of a closure in an incorporated area. Any individual, private entity, or other governmental entity desiring a closure must ask the municipality to submit a request to the district engineer.

   2. (2) Content of request. A request for approval of a closure must be submitted in writing to the appropriate district engineer and must include the following information:

      1. (A) a physical description of the limits of the event, including county names and highway numbers, the number of lanes the highway has, and the number of lanes to be used, and a map showing the location of the event;
      2. (B) the proposed schedule of start and stop times at each location;
      3. (C) a brief description of the proposed activities, including the approximate number of people and number and type of equipment involved;
      4. (D) a traffic control plan which incorporates the requirements of the Texas MUTCD; and
      5. (E) an explanation of the public purpose to be served by the event.
   3. (3) When submitted. A request for a closure must be submitted at least 30 days prior to the date of the proposed event.

3. (c) Approval. The district engineer will approve a closure if he or she determines that:

   1. (1) the event requiring the closure serves a public purpose;
   2. (2) the requestor has designed a satisfactory traffic control plan to protect both motorists and all participants and spectators, and the plan will not substantially inconvenience the traveling public;
   3. (3) the event itself will not impair the safety of the traveling public;
   4. (4) the convenience of abutting property owners and residents is adequately protected, and adequate access for such persons to their property is assured;
   5. (5) the closure does not conflict with scheduled maintenance or construction activities;
   6. (6) the event will not cause substantial negative impacts to the environment, including landscape features; and
   7. (7) there will be appropriate passage allowance for emergency vehicle travel.

4. (d) Written agreement. If the district engineer approves the proposed closure, the requestor, which will be considered the city if the closure is in an incorporated area, must enter into a written agreement with the department, in a form prescribed by the department, prior to the closure. The agreement will contain terms and conditions the department deems necessary to protect the public safety including, but not limited to:

   1. (1) the physical description of the limits of the event, including county names and highway numbers;
   2. (2) the proposed schedule of start and stop times at each location;
   3. (3) a description of the proposed activities, including the approximate numbers of people and equipment involved;
   4. (4) the traffic control plan;
   5. (5) a statement that this event serves a public purpose;
   6. (6) a statement that the requestor shall assume all costs associated with the event;
   7. (7) a traffic enforcement plan, including a letter from the law enforcement agency that will be providing the traffic control for the event;
   8. (8) assurance that there will be appropriate passage allowance for emergency vehicle travel;
   9. (9) a statement that the requestor will avoid or minimize impacts, and will, at its own expense, restore or repair damage occurring outside the right-of-way and restore or repair the right-of-way, including roadway and drainage structures, signs, pavement, etc., to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural environment, including landscape features;

   10. (10) a statement that:

       1. (A) the requestor shall indemnify and save harmless the state, its officers, employees, agents, and contractors from claims and liabilities due to the activities of the requestor; or
       2. (B) the city acknowledges its responsibilities for the acts and omissions of its officers, employees, agents, and contractors, to the extent permitted by applicable law, if the requestor is a city which is unable to provide indemnification;
   11. (11) evidence that the requestor has obtained adequate insurance naming the department as a coinsured by the requestor or responsible party in an amount and form acceptable to the department for the payment of any damages which may occur during the time period of encroachment and to save the state harmless; and
   12. (12) a statement that the requestor must abide by all applicable federal, state, and local environmental laws, regulations, ordinances, and any conditions or restrictions required by the department to protect the natural environment and cultural resources on the right-of-way.

5. (e) Exceptions.

   1. (1) General. Closures necessary for emergency traffic control and maintenance activities pursuant to a municipal maintenance agreement do not require prior department approval.
   2. (2) Film and video productions. Requests for approval of film and video productions must be submitted in accordance with §22.13 of this title (relating to Film and Video Productions).
   3. (3) Bicycle races. A competitive bicycle race that does not involve the complete restriction of vehicular traffic in one or both directions such that a detour is required is not subject to approval by the department, if the sponsoring organization has obtained the approval of the appropriate local law enforcement agency or agencies in accordance with the Uniform Act Regulating Traffic, Texas Civil Statutes, Article 6701d, §179.
   4. (4) Routine traffic control. A closure involving routine traffic control does not require department approval, provided that the closure is in an incorporated area and does not take place on a controlled access highway but does take place on an arterial roadway. The district engineer shall be notified by facsimile or by letter seven days before the routine traffic control event occurs.
6. (f) Disapproval. If a district engineer disapproves a request for approval of a closure, he or she will provide written notice describing the basis for the determination.
7. (g) Appeal. A requestor may appeal a district engineer's disapproval to the department's assistant executive director, field operations, by submitting to that official by mail or facsimile the information provided to the district engineer.

Source Note:The provisions of this §22.12 adopted to be effective March 1, 1995, 20 TexReg 963.