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When considering the construction of access driveway facilities on a highway right of way in Texas, one must understand a crucial document known as the TxDOT ROW Permit. This significant form, specifically Form 1058, details the responsibilities and conditions placed on a grantee who seeks to (re)construct an access driveway near a state highway. It outlines the financial obligations tied to the project, emphasizing that all related costs fall on the grantee. The design and materials used in construction are subject to inspection and must receive approval from the Texas Department of Transportation (TxDOT). In addition, the grantee is tasked with ongoing maintenance and is bound by the duty to protect both life and property adjacent to the highway, adhering to any directives issued by the state. Critical safety guidelines are also included, such as requirements regarding the placement of service fixtures and the prohibition of signs in the right of way. Failure to commence construction within six months renders the permit invalid, and prior to initiating any work, the grantee must notify TxDOT at least 24 hours in advance. Ultimately, these provisions aim to ensure a harmonious coexistence between highways and neighboring properties while prioritizing public safety.

What Does Txdot Row Permit Look Like Example

Form 1058 (Rev. 2/2000) (GSD-EPC) Page 1 of 2

Permit to Construct Access Driveway Facilities on Highway Right of Way

To:

 

Hwy.

 

Permit No.

 

 

 

Control

 

Section

 

 

 

 

 

The Texas Department of Transportation, hereinafter called the State, hereby authorizes

,

hereinafter called the Grantee, to (re)construct an access driveway on the highway right of way abutting highway no.

in

 

County, located

 

 

.

Subject to the following:

1.The Grantee is responsible for all costs associated with the construction of this access driveway.

2.Design of facilities shall be as follows and/or as shown on sketch:

All construction and materials shall be subject to inspection and approved by the State.

3.Maintenance of facilities constructed hereunder shall be the responsibility of the Grantee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State.

4.The Grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit.

5.Except for regulatory and guide signs at county roads and city streets, the Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor stands, or tanks shall be located at least 3.6 meters (12 feet) from the right of way line to ensure that any vehicle services from these fixtures will be off the highway.

6.This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit.

7.The Grantee will contact the State’s representative

 

 

 

 

 

 

 

 

telephone, (

)

 

, at least twenty-four (24) hours prior to beginning the work authorized by this permit.

 

 

 

 

 

 

 

Texas Department of Transportation

 

 

 

 

 

 

 

 

 

Date of Issuance

 

 

 

District Engineer or Designated Representative

The undersigned hereby agrees to comply with the terms and conditions set forth in this permit for construction of an access driveway on the highway right of way.

Date:

Signed:

(Property owner or owner’s representative)

Form 1058 (Rev. 2/2000) Page 2 of 2

Access Driveway Regulations

The Texas Transportation Commission, in recognition of its responsibility for the safety and utility of public highways under its jurisdiction, has directed the adoption of rules and regulations to accomplish a coordinated development between highways and abutting property. For this purpose, the booklet entitled “Regulations for Access Driveways to State Highways”, was published and adopted, setting out departmental policies to regulate construction and maintenance of access driveway facilities.

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Sketch of Installation

Form Characteristics

Fact Name Detail
Form Title Permit to Construct Access Driveway Facilities on Highway Right of Way
Form Number Form 1058 (Rev. 2/2000)
Issuing Authority The Texas Department of Transportation (TxDOT)
Grantee Responsibility The Grantee must cover all costs associated with constructing the access driveway.
Design Compliance All construction must meet state inspection and approval requirements.
Maintenance Obligation The Grantee is responsible for ongoing maintenance of the access driveway.
Signage Restrictions Signs are prohibited on the highway right of way, except for specific regulatory signs.
Void Period The permit becomes void if the driveway is not constructed within six months.
Advance Notification Grantee must notify the State’s representative 24 hours before starting construction.
Governing Laws Regulations for Access Driveways to State Highways, adopted by the Texas Transportation Commission.

Guidelines on Utilizing What Does Txdot Row Permit Look Like

Completing the Txdot Row Permit form is a critical step in ensuring that your construction project proceeds correctly and complies with state guidelines. Ensuring accuracy and completeness on the form will help streamline the approval process with the Texas Department of Transportation. Once you gather all necessary information, follow the steps below to fill out the form properly.

  1. Begin with the Permit to Construct Access Driveway Facilities section. Fill in the To: field with "Hwy."
  2. Next, enter your Permit No. and Control Section. These details may be provided by the Texas Department of Transportation (TxDOT) or relevant authority.
  3. In the section called "the Grantee," provide your name or the name of your company. Ensure this is accurate as it reflects who is responsible for the project.
  4. Specify the highway number related to your construction and the County in which the construction will take place.
  5. Clearly describe the location of the driveway on the form. Providing a specific address or landmark can be helpful.
  6. Review the conditions outlined, particularly the responsibilities you accept as the Grantee, such as construction costs and maintenance obligations.
  7. If necessary, draw a sketch of the installation in the designated space. This sketch must accurately represent the driveway's design and location.
  8. Include any required signatures at the bottom. The property owner or their representative must sign and date the form.
  9. Lastly, add the date of issuance in the appropriate section once your application has been processed.

After completing the form, ensure that you keep a copy for your records. Next, you’ll submit the form to the Texas Department of Transportation, and they will review it. Be prepared for any follow-up requests for additional information or clarification. This step is crucial in advancing your project smoothly.

What You Should Know About This Form

What is the purpose of the TxDOT ROW Permit form?

The TxDOT ROW Permit form is designed to authorize individuals or entities to construct access driveways on the highway right of way. It establishes the guidelines and responsibilities for construction, ensures compliance with safety standards, and allows for state oversight during the process.

What information is required on the permit form?

The permit form requires several details, including the name of the grantee, highway number, county location, permit number, and control section. Additionally, sketches for the design of the proposed construction must be submitted, along with acknowledgment of understanding the terms of the permit.

Who is responsible for the costs associated with the construction?

The grantee assumes full responsibility for all costs related to the construction of the access driveway. This responsibility includes any expenses for materials, labor, and compliance with inspection requirements set by the State.

What kind of maintenance is required after the driveway is constructed?

The grantee must maintain the constructed facilities. Regular maintenance ensures safety and functionality. The State can require any necessary modifications or repairs to uphold safety standards and protect life or property adjacent to the highway.

Are there restrictions on signage or vehicle service fixtures?

Yes, the grantee is prohibited from erecting any signage on the highway right of way, with the exception of regulatory and guide signs at county roads and city streets. Additionally, vehicle service fixtures must be situated at least 12 feet from the right of way line, ensuring services occur off the highway.

What happens if the construction is not completed within the specified time frame?

If the driveway facilities are not constructed within six months from the permit's issuance date, the permit automatically becomes null and void. This clause ensures timely compliance and accountability by the grantee.

Is it necessary to notify the State before beginning construction?

Absolutely. The grantee must contact the State’s representative at least 24 hours before starting any work authorized by the permit. This notification is crucial for maintaining coordination and oversight during the construction process.

What are the legal obligations of the grantee under this permit?

The grantee agrees to hold the State and its employees harmless from any claims of personal injury or property damage that may arise due to activities carried out under this permit. This requirement underscores the importance of safety and legal compliance throughout the construction project.

Common mistakes

Filling out the Texas Department of Transportation (TxDOT) Right of Way (ROW) Permit form, specifically Form 1058, may seem straightforward. However, mistakes can lead to delays or denial of the permit. One common mistake is not providing complete information about the highway location. When applicants fail to clearly identify the "highway no." and "County" where the driveway will be constructed, the application may be returned for clarification. Ensure that all relevant locations are precisely indicated to avoid this setback.

Another frequent error relates to the construction timeline. Applicants often overlook the requirement that the driveway facilities must be constructed within six months from the issuance date of the permit. If construction does not begin within this timeframe, the permit becomes null and void. It is crucial to plan ahead and include specific timelines when filling out the form.

Many people also neglect to include relevant contact information for the work to be performed. The form specifies that the Grantee must contact the State's representative at least twenty-four hours prior to starting construction. Failing to provide a reliable contact number can complicate communication and may delay the process.

Misunderstanding the responsibilities regarding maintenance of the facilities is another potential pitfall. Applicants often mistakenly believe that maintenance will fall solely on the State. Instead, the Grantee is fully responsible for maintaining the constructed facilities. It is essential to read this section carefully and acknowledge your obligations in the application.

In addition, errors in the sketch provided alongside the application can lead to confusion. Some applicants either fail to include a sketch or submit one that lacks detail. A clear and precise sketch showing the design and placement of the access driveway is vital for approval. Be sure to follow guidelines provided in the accompanying regulations.

Applicants sometimes ignore safety regulations pertaining to the positioning of vehicle service fixtures. The permit explicitly states that these fixtures must be located at least 3.6 meters (12 feet) from the right of way line. Failing to adhere to this rule not only risks permit denial but may also create safety hazards.

Lastly, a lack of signatures can render the form invalid. The Grantee's signature on the permit signifies agreement to the terms and conditions outlined. Without it, the State will not process the application. Therefore, always ensure that the form is signed by the property owner or the owner’s representative before submission.

Documents used along the form

The Texas Department of Transportation (TxDOT) provides various forms and documents that work together with the ROW Permit for access driveway construction. Understanding these documents can streamline the application process and ensure compliance with state regulations.

  • Certificate of Insurance - This document demonstrates that the grantee has appropriate liability insurance coverage. It protects against potential claims resulting from construction activities on or near the highway right of way.
  • Traffic Control Plan - A detailed plan outlining how traffic will be managed during construction. It ensures safety for both workers and the public by detailing detours, signage, and worker safety measures.
  • Construction Plans - These include detailed drawings and specifications for the driveway design. Properly submitted construction plans ensure that the proposed work meets TxDOT’s standards.
  • Right of Way Use Agreement - This agreement provides the terms for using the highway right of way for construction activities. It formalizes the responsibilities and liabilities of the grantee and TxDOT.
  • Notice of Commencement - This document signals the beginning of construction operations. It's often required by local municipalities or county regulations and keeps authorities informed of active construction timelines.
  • Environmental Impact Assessment - An evaluation required if the project could affect local ecosystems. This assessment identifies potential environmental impacts and suggests mitigation strategies.
  • Inspection Reports - Regular reports documenting the condition of the construction site and compliance with safety standards. These reports ensure ongoing oversight during the construction process.
  • Completion Certificate - This certifies that the construction has been finished in accordance with the approved plans and permits. It is essential for closing out the project and for any future legal or regulatory compliance checks.

Understanding these accompanying documents will not only facilitate a smoother application process but also ensure that all parties are aware of their responsibilities and the necessary compliance requirements. A well-prepared application package is key to avoiding delays and potential legal complications.

Similar forms

  • Building Permit: Much like the TxDOT ROW Permit, a building permit is required for construction projects. It ensures that the proposed work complies with safety, zoning, and building codes. The responsibility for obtaining this permit lies with the property owner, similar to the obligations outlined in the TxDOT form.
  • Planning Application: When making significant changes to property use or building structure, a planning application is submitted to local authorities. This process shares the need for design approval and adherence to regulations, reminiscent of the need for state approval on access driveway plans.
  • Environmental Impact Assessment (EIA): An EIA is necessary for projects that could significantly affect the environment. Like the TxDOT ROW Permit, the EIA requires detailed scrutiny and approval processes to safeguard public interest and safety.
  • Utility Pole Placement Permit: When a utility company needs to install poles along the highway, a specific permit must be secured. Similar to the TxDOT permit, this requires adherence to state safety standards and oversight.
  • Driveway Connection Permit: This document is specifically for accessing a local road or highway from private property. Much like the TxDOT permit, it defines construction responsibility and safety requirements to protect both the public and property.
  • Right-of-Way Use Permit: Businesses that wish to use public property for events or displays must obtain this permit. It shares similarities with the TxDOT permit in terms of liability provisions and the need for prior approval to ensure public safety.
  • Sign Permit: To place signage on commercial property, a sign permit is often required. As with the TxDOT ROW Permit, there are restrictions on size and placement to maintain safety standards.
  • Soil Erosion Control Permit: Often needed for construction that disturbs land, this permit is similar in that it aims to minimize impacts on adjacent properties and public resources, highlighting the focus on responsible construction practices.

Dos and Don'ts

When filling out the What Does Txdot Row Permit Look Like form, it's important to follow certain guidelines to ensure a smooth process. Here’s a list of things to do and avoid:

  • Do read all instructions thoroughly before you begin filling out the form.
  • Don't leave any blank spaces on the form; provide all required information.
  • Do double-check your contact information for accuracy. This ensures that the Texas Department of Transportation can reach you if needed.
  • Don't submit the form without verifying that all signatures are complete, including yours and any representatives.
  • Do keep a copy of the filled-out form for your records.
  • Don't ignore the timeline; make sure the construction begins within six months of the permit issuance to avoid it becoming invalid.
  • Do contact the State’s representative as instructed, at least twenty-four hours before starting work.
  • Don't attempt to make changes to the approved design without prior approval from the State.
  • Do familiarize yourself with the relevant regulations regarding access driveways to ensure compliance.

Misconceptions

Misconceptions about the Texas Department of Transportation (TxDOT) Right of Way (ROW) Permit form can lead to confusion among applicants. Below are seven common misconceptions regarding this permit.

  1. This permit guarantees approval of driveway construction. The permit authorizes the construction but does not ensure that the project will automatically meet all safety and design requirements imposed by TcDOT.
  2. All costs related to construction are covered. The applicant, referred to as the Grantee, is responsible for all costs associated with the construction. Therefore, individuals should not expect any financial support from TxDOT.
  3. You can make changes to designs without permission. Any changes in design must receive clearance from TxDOT. The Grantee cannot unilaterally modify the approved plans.
  4. Submitting the permit application guarantees a specific timeframe for construction. The permit becomes void if the driveway is not constructed within six months. Timely action is crucial.
  5. Maintenance responsibilities are shared with TxDOT. The Grantee must maintain the facility. TxDOT reserves the right to require modifications, but ongoing maintenance falls solely on the Grantee.
  6. Any type of signage is allowed in the right of way. Only regulatory and guide signs are permitted. The Grantee cannot install other types of signage or fixtures within the highway right of way without violating the terms of the permit.
  7. You do not need to inform TxDOT prior to commencing work. A notification at least twenty-four hours before beginning construction is mandatory. This ensures that the State can coordinate and supervise effectively.

Understanding these misconceptions is vital for anyone looking to navigate the application process for the TxDOT ROW Permit successfully.

Key takeaways

Filling out and using the TxDOT ROW Permit form effectively requires attention to detail. Here are some key takeaways to keep in mind:

  • The form is officially titled "Permit to Construct Access Driveway Facilities on Highway Right of Way." Familiarize yourself with this title for clarity.
  • Every Grantee is responsible for all costs associated with constructing the access driveway. Plan your budget accordingly.
  • Design specifications are noted in the form. Ensure that all construction and materials adhere to these guidelines, as inspections will occur.
  • Ongoing maintenance of the constructed facilities falls to the Grantee. The State may require changes to ensure safety, so be prepared for possible adjustments.
  • The Grantee must hold the State harmless for any personal injury or property damage resulting from the use of the permit. This is an important legal obligation.
  • Signage is restricted. The Grantee cannot place signs over the highway right of way, and service fixtures must be located at least 12 feet from the right of way line.
  • The permit becomes void if construction does not commence within six months of issuance. Timeliness is crucial.
  • Before beginning any construction, the Grantee must notify the State’s representative at least 24 hours in advance. This step helps avoid misunderstandings.

Understanding these points will help ensure a smoother process when completing the TxDOT ROW Permit form and starting your project.