RULES OF HARRIS COUNTY, TEXAS

RULES OF HARRIS COUNTY, INCLUDING THE HARRIS COUNTY TOLL ROAD

AUTHORITY, A DIVISION OF HARRIS COUNTY, AND THE

HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF

FACILITIES WITHIN

HARRIS COUNTY AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT

RIGHTS-OF-WAY

JOHN R. BLOUNT, P.E.

HARRIS COUNTY ENGINEER

GARY K. TRIETSCH, P.E.

HCTRA EXECUTIVE DIRECTOR

RUSSELL A. POPPE, P.E.

EXECUTIVE DIRECTOR - FLOOD CONTROL DISTRICT

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AS AMENDED:

EFFECTIVE:

I N D E X

SECTION 1 AUTHORITY

SECTION 2 JURISDICTION

SECTION 3 PURPOSE

SECTION 4 CONSTRUCTION OF RULES

SECTION 5 DEFINITIONS

SECTION 6 RIGHT-OF-ENTRY TO COUNTY OR HCFCD ROW

SECTION 7 CONSTRUCTION DRAWING SUBMITTALS

SECTION 8 TRAFFIC CONTROL

SECTION 9 SEALING OF CONSTRUCTION DRAWINGS

SECTION 10 CERTIFICATES, FEES AND BONDS

SECTION 11 EMERGENCY REPAIRS

SECTION 12 INTERFERENCE WITH USE OF THE ROW

SECTION 13 TRENCHING

SECTION 14 USE OF THE ROADWAY

SECTION 15 NOTIFICATION PRIOR TO WORK

SECTION 16 UTILITIES

SECTION 17 UTILITY POLES

SECTION 18 PERMANENT UTILITIES

SECTION 19 HIGH PRESSURE PIPELINES

SECTION 20 EXCAVATION AND BACKFILL

SECTION 21 PAVING

SECTION 22 MONUMENTS

SECTION 23 SOIL BORING AND MONITORING WELL REQUIREMENTS

SECTION 24 DAMAGE TO HARRIS COUNTY OR HCFCD ROW

SECTION 25 VEGETATION MANAGEMENT

SECTION 26 LIABILITY

SECTION 27 VARIANCES

SECTION 28 CONSTRUCTION PER DRAWINGS

SECTION 29 INSPECTIONS

SECTION 30 AS-BUILT DRAWINGS

SECTION 31 ENFORCEMENT

SECTION 32 CERTIFICATE SUSPENSION PROCEDURES

SECTION 33 CERTIFICATE REVOCATION

SECTION 34 CERTIFICATE REVOCATION PROCEDURES

SECTION 35 APPEALS AND HEARING PROCEDURES AND REVIEW BY

COMMISSIONERS COURT

SECTION 36 VIOLATION OF CONDITIONS OF RULES

SECTION 37 CONTEMPT OF COMMISSIONERS COURT

SECTION 38 SEVERABILITY

ATTACHMENTS:

Table I BONDS

Figure 1 CURB & GUTTER ROADWAY

Figure 2 OPEN DITCH ROAD ROADWAY

Figure 3 MAJOR THOROUGHFARES AND DOUBLE ROADWAYS

Figure 4 MONUMENT/VEGETATION PLACEMENT

RULES OF HARRIS COUNTY, INCLUDING THE HARRIS COUNTY TOLL ROAD

AUTHORITY, A DIVISION OF HARRIS COUNTY, AND THE HARRIS COUNTY FLOOD

CONTROL DISTRICT FOR THE CONSTRUCTION OF FACILITIES WITHIN HARRIS

COUNTY AND HARRIS COUNTY FLOOD CONTROL DISTRICT RIGHTS-OF-WAY

SECTION 1 AUTHORITY

These Rules are adopted by the Commissioners Court of Harris County, Texas

pursuant to the authority granted to it by Section 2 of the Harris County Road Law Acts 1913,

33rd Legislature, Chapter 17, the Harris County Flood Control District Act, Acts of 1937, 45

Legislature, Chapter 360, and the Texas Water Code, Section 49.211, as amended, and

other applicable law. In addition, Harris County has the authority through Chapter 284 and

Section 373.101 of the Tex. Transp. Code Ann. § 373.101 to operate and maintain a county

toll road sytemas part of a county toll road system a toll project that has been removed from

the state highway system by the allows the Texas Transportation Commission and

transferred to the county.to remove a local toll project from the state highway system and

transfer ownership to a county for operation and maintenance as part of the county toll road

system.

SECTION 2 JURISDICTION

Commented [YP(1]: Reworded by LC

These Rules apply to all Work on Facilities within Harris County , including the Harris

County Toll Road Authority, a division of Harris County, or Harris County Flood Control

District rights-of-way.

SECTION 3 PURPOSE

The purpose of these Rules is to protect the public, to maintain safe and efficient

operating rules, and to preserve and maintain the integrity of Harris County and Harris

County Flood Control District rights-of-way for their intended purposes.

SECTION 4 CONSTRUCTION OF RULES

The Code Construction Act of Texas (Chapter 311 of the Texas Government Code)

applies for the purpose of construing these Rules unless an alternative instruction, definition,

or application is contained herein. These Rules must be liberally construed to give effect to

its purpose.

SECTION 5 DEFINITIONS

As used in these Rules, the following words and phrases have the following

meanings:

A. “Applicable Criteria” - Specifications, standards, guidelines, rules, and

regulations, adopted by Commissioners Court acting as the governing body of HC

and HCFCD, and/or applicable State or Federal law.

B. “Applicant” - A Person who makes a formal application to Work in HC or HCFCD

ROW.

C. “As-Built Drawings” – As-Built Drawings are a revised set of drawings submitted

by the Applicant upon completion of the approved Work. They reflect all changes

made in the specifications and Construction Drawings during the construction

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process, and show the exact dimensions, geometry, and location of all elements of

the Work completed under the Certificate.

D. “Certificate” – Document that HC issues that shows that the Applicant has complied

with these Rules to Work in HC or HCFCD ROW.

E. “Commissioners Court” – Commissioners Court of Harris County, Texas.

F. “Construction Drawing” – Drawings used to construct a proposed development or

roadway and drainage facilities or any other constructed Facility.

G. “County Engineer” - The County Engineer of Harris County, Texas or any

employee authorized by said County Engineer to act on his or her behalf.

G.H. “County Rroad” – All roads operated and maintained by Harris County and listed on

the Harris County Road log.

H.I. “District Engineer” - The Executive Director of the Harris County Flood Control

District or any employee authorized to act on his or her behalf.

I.J. “Emergency Repair” – The repair of a failure causing an imminent threat to public

safety.

K. “Facility, Utility, or Infrastructure” - Any pipeline, main, conduit, cable, utility line,

pole line, sewer line, water line, outfall pipe, monitoring well, soil boring, flood control

feature and infrastructure associated with storm water drainage, building, fencing or

any other structure other than a driveway/roadside culvert as outlined in the

Applicable Criteria, or any other structure that provides the service (such as supply

of electricity, water, sanitary, gas, communications, tolling services etc.) that is

provided to the public. A turn lane and median cut are included in this definition. Not

included in this definition are service taps from a mainline (water, sewer, gas or cable)

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serving a single-family residence. For the purposes of these Rules, Utility and Facility

and Infrastructure are interchangeable.

J.L. Harris County Toll Road System – a system of about 127 miles of roadway in Harris

County that currently includes the following toll roads - Westpark Tollway, Sam

Houston Tollway, Hardy Toll Road, which includes the Downtown Hardy Toll Road

Extension, Tomball Tollway, Katy Managed Lanes and the Fort Bend County Toll

Road Extension.

K.M. “HC” – Harris County, the a political subdivision of the State of Texas.

N. “HCFCD” or “District” – Harris County Flood Control District, a political subdivision

of the State of Texas.

O. “HCTRA” – Harris County Toll Road Authority, a division of Harris County, Texas.

P. “"HCTRA Executive Director” - The Executive Director of the Harris County

Toll Road Authority or any employee authorized to act on his or her behalf.

M.Q. “High Pressure Pipeline” - Any pipeline designed to transport a liquid or gas at a

pressure equal to or in excess of 60 pounds per square inch.

N.R. “Landscaping” - The placement of trees, shrubs, or plants for the purpose of

beautification of an esplanade(s) or other HC or HCFCD ROW.

O.S. “Master-Planned Community” - A subdivision equal to or greater than 1,000

acres.

T. “Monument” - Any structure displaying a subdivision name or other type of

identification usually placed at the entrance of a subdivision in HC ROW. This

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subdivision of the State of Texas

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definition does not include signs on private property or traffic control signs. Message

boards or electronic displays are prohibited.

P.U. “Network Node” - Equipment at a fixed location that enables wireless

communications between user equipment and a communications network, including

equipment associated with wireless communications, a radio transceiver, an

antenna, a battery-only backup power supply, and comparable equipment,

regardless of technological configuration, or a coaxial or fiber-optic cable that is

immediately adjacent to and directly associated within particular collocation.

Q.V. “Permanent Utility” - A structure that provides the service (such as a supply of

electricity, water, sanitary, gas, communications, etc.) that is provided to the public.

The difference between a Utility and a Permanent Utility is the ease of relocation. If

the Utility cannot be relocated easily within thirty days of notice it shall be considered

a Permanent Utility. Examples of Permanent Utilities include, but are not limited to:

gas lines over three inches in diameter, any duct-bank, sanitary sewers over twelve

inches in diameter, water lines over six inches in diameter,

telephone/power/communications line poles or Utility Poles over eighteen inches

in diameter at base or over fifty feet in height, and electrical, audio or visual cable

buried in conduit.

R.W. “Person” - Any individual, contractor, corporation, partnership, limited partnership,

joint venture or other legal or governmental entity.

S.X. “ROW” - Right-of-Way. The area within the boundaries of a parcel or tract of land

described in a document, including a real property instrument, plat or approved order

of the Commissioners Court of Harris County, Texas, vesting a real property interest

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in HC or the HCFCD, whether in their own name or as the organized representative

of the public. This definition includes the property for all toll roads that are a part of

the Harris County Toll Road system, including all the land between the frontage roads

for toll roads where Harris County has operation and maintenance authority by

agreement with the Texas Department of Transportation. This definition does not

include the land where the Texas Department of Transportation operates and

maintains frontage roads adjacent to a toll road on the Harris County Toll Road

System.

T.Y. “ROW Corner Cut-Back” - Corner cut-backs of ROW at street intersections are

necessary to provide sufficient public space for pedestrian sidewalk facilities and

ramps (compliant with Americans with Disabilities Act – ADA and Texas Accessibility

Standards-TAS), traffic control devices, street signs, street lighting, traffic signal

equipment, and all surface encroachments which could prevent the future installation

of such equipment within the cut-back area. Refer to the Geometric Design

Guidelines for Subdivision Streets, Harris County and City of Houston.

U.Z. “ROW User” - Any Person performing Work within a HC or HCFCD ROW.

AA. “Statutory Authority” - The legislatively created right conferred upon Utility

companies, and certain other corporations providing an essential public service, to

lay, install, construct, maintain and operate facilities over, under, across, on, or along

a public roadway or a public waterway.

V.BB. “Tolling Facility” – Includes, but is not limited to, a pull box, junction box, equipment

buildings, equipment cabinets, electrical supply, and water supply facilities

associated with toll roads.

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W.CC. “Utility Pole” – A pole used to support lines, cables, antennas, or any other Utility or

Permanent Utility above ground level.

X.DD. “Variance” – A written approval of a deviation from these Rrules.

Y.EE. “Work” – Laying, constructing, maintaining or repairing any Facility.

SECTION 6 RIGHT-OF-ENTRY TO HC OR HCFCD RIGHT-OF-WAY

A. No Person shall enter upon HC or HCFCD ROW for the purpose of any Work of any

Facility involving the disturbance of or placement on the soil, until the County

Engineer, or District Engineer, or HCTRA Executive Director certifies that all

requirements set forth in herein have been met and the County Engineer issues a

Certificate.

B. The use of HCFCD ROW to gain access to other utility easements, or for other

purposes including but not limited to: surveying, geotechnical investigations, or

temporary construction lay-down areas, requires a temporary right-of-entry to be

issued.

C. HC or HCFCD employees are not required to comply with these Rrules when working

in their ROW. Contractors working on behalf of HC and HCFCD are also exempt

provided they are performing Work in accordance with approved Construction

Drawings.

SECTION 7 CONSTRUCTION DRAWING SUBMITTALS

A. HC handles the administrative functions of these Rrules for the HCFCD and HCTRA

and will issue all Certificates for the purpose of these Rules.

B. The Applicant shall submit Construction Drawings to HC under these Rrules for

review and approval prior to start of Work. Approval must be shown on all applicable

Construction Drawings for the proposed Work in HC or HCFCD ROW. HC will issue

the Certificate once Construction Drawings are approved (by signature of appropriate

agency(s)), the applicant has applied for a Certificate, produced the bond, and paid

for the Certificate.

SECTION 8 TRAFFIC CONTROL

Traffic control plans shall be submitted for turn lanes and any and allother

construction activity requiring a lane closure.

SECTION 9 SEALING OF CONSTRUCTION DRAWINGS

All Construction Drawings for Work to be performed in the HC or HCFCD ROW must

be sealed by a registered professional engineer or registered landscape architect, as

appropriate, licensed in the State of Texas.

SECTION 10 CERTIFICATE, FEES, AND BONDS

The following must be submitted prior to any Work and the issuance of a Certificate.

In addition to a Certificate, permits under other Harris County regulations, may be required

for the Work.

A. A completed Harris County Application for Construction in Harris County or HCFCD

ROW on the form provided by the County Engineer;

B. No new Construction Drawings are required if the plan set was previously reviewed

and approved and the approved Construction Drawings are on file electronically;

C. The Construction Drawings shall clearly show compliance with these Rules and

compliance with Applicable Criteria. Notwithstanding any other provisions to the

contrary, Certificates issued based on approved Construction Drawings that are later

determined to be in noncompliant with these Rules are subject to the Certificate

Suspension as provided in Section 32.

D. A bond in the appropriate amount as outlined in Table I unless a perpetual bond is

already on file with HC ;

E. The fee in the amount set by Commissioners Court and listed on the HC Permit Fee

Schedule. The Permit Fee Schedule is available online on the HC Permits website.

The Permit Fee Schedule utilizes pertinent definitions contained within these Rrules.

SECTION 11 EMERGENCY REPAIRS

A Person may enter upon land acquired, claimed, or maintained by HC or HCFCD

ROW to make immediate Emergency Repairs to a Facility where Work must be completed

to prevent damage to the HC or HCFCD ROW. Failure to follow these procedures might

result in a shutdown of the Work.

A. In case of emergency, the ROW User or Applicant must notify HC by completing

and submitting the Emergency Work Form located on the HC Permits website prior

to 4:00 pm the following business day. The ROW uUser or Applicant shall contact

HCTRA Maintenance Department at 832.590.6936 48 hours prior to starting

construction on HCTRA ROW. For any construction in HCTRA ROW, ROW User

does not need to complete and submit the Emergency Work Form. No Work shall

commence until appropriate advance warning signs, markers, cones, and

barricades are in place. After the Emergency Repair is completed a Certificate

must be obtained prior to restoring the ROW.

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Commented [US(3]: Question for HCTRA – Is this

the number you are going to use?

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B. Emergency Repairs can be completed to prevent further Facility damage,

environmental damage, or property loss. The permanent repair must comply with

these Rrules.

C. Once issued, a copy of the Certificate must be on site at all times.

D. Construction Drawings for Emergency Repairs must be submitted to HC within five

(5) calendar days from the start of Emergency Repair Work.

SECTION 12 INTERFERENCE WITH USE OF THE RIGHT-OF-WAY

A. No Person shall perform any Work in such a manner as to obstruct access or interfere

with the construction alteration, access, improvement, enlargement, operations,

capacity enhancement, maintenance, or repair of any HC or HCFCD ROW.

B. In the event that any Facility interferes in any manner with the construction,

maintenance, access, improvement, enlargement, capacity enhancement, or repair

of any HC or HCFCD ROW, the Person in control of the Facility shall alter the Facility

in such a way so as to mitigate the interference no later than thirty (30) days after

notice from the County or District Engineer. and bear the cost and expense of any

change or alteration. If the interference restricts the ability to collect tolls on any toll

road in the Harris County Toll Road System, the Person in control of the Facility shall

alter the Facility no later than 24 hours after notice from the HCTRA Executive

Director to remove the interference. Additionally, under the terms of the right of entry

agreement, the ROW User, and may be required to pay all costs stemming from the

interference, including, but not limited to, loss of revenue, loss of data, and costs of

mitigation.

C. In the event rain is in the forecast, the ROW User shall remove any construction

material, equipment, low water crossings, or other temporary structures that would

negatively affect the ability of the Facility to convey stormwater prior to the onset of

rain.

D. No Person shall perform any Work in such a manner as to constitute a danger or

hazard of any kind to Persons or vehicles using or maintaining any HC or HCFCD

ROW, or any public property located within the boundaries of the ROW.

E. No Landscaping higher than thirty (30) inches measured from top of curb at mature

growth and no Monuments shall be placed in the ROW Corner Cut Back. No

Landscaping or Monuments shall be placed on HCFCD ROW without prior HCFCD

approval. No Landscaping or Monuments shall be placed on HC ROW adjacent to

a HCTRA facilityTolling Facility without prior HCTRA approval.

SECTION 13 TRENCHING

A. No trench shall be opened for the purpose of laying pipes, conduits or ducts for a

distance greater than can be backfilled on the same day before sunset.

B. In all cases where soil is piled along the side of a trench cut for Work on utilities

parallel with a road, weep holes shall be dug through such piles of soil in order that

water may drain from the roadbed and shoulders to the road ditches or back slope

interceptors, as appropriate. Weep holes shall be dug according to the following

specifications:

i. at intervals not to exceed two hundred (200) feet along such parallel construction,

and at all swags or low places in the roadbed of such County road;

ii. to a depth of six (6) inches below the shoulder of such County road and a width

of twelve (12) inches; and

iii. to the road ditch, or to such an elevation that the bottom of the weep holes will

discharge their water into the road ditch.

C. The weep holes must be maintained free of obstruction until construction is

completed and the trench backfilled, tamped and leveled true to the original grade.

If weep holes have not been properly constructed or maintained, operations shall

cease until same are corrected. The contractor shall maintain storm water flow in its

pre-existing condition.

D. At no time will the ROW User place excavated or backfill material upon the roadway

surface. The excavated or backfill material shall be placed in such a manner to

minimize the probability of sloughing onto the roadway surface.

E. Do not cast or place material, either temporarily or permanently, on top of the HCFCD

channel bank.

SECTION 14 USE OF THE ROADWAY

A. The operation of construction or maintenance equipment on the traveled

surface of any improved County road is prohibited unless installation of utilities

cannot be accomplished by any other method. In such instances, the equipment

shall use rubber tires or tracks on said traveled surfaces. Tracked equipment may

notonly be used on the traveled surface unless protective measures are taken to

protect the traveled surface. If traffic on a toll road in the Harris County Toll Road

System has to be halted for any reason due to ROW User’s Work, ROW User shall

pay to HCTRA the cost of loss in revenue, loss of data, and costs of mitigation. If a

toll lane on the Harris County Toll Road System is closed without prior approval,

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HCTRA will pursue all costs incurred as a result of the lane closure under the terms

of the right of entry agreement. a lane assessment fee may apply..

SECTION 15 NOTIFICATION PRIOR TO WORK

In addition to obtaining a Certificate from HC, Applicants or ROW User shall submit

the following notifications, as applicable:

A. HC ROW: Applicant shall submit online the Notification of Job Start form provided on

the HC Permits website and shall additionally provide written notice to the appropriate

Commissioner’s Precinct or HCTRA, where applicable, at least forty-eight (48) hours

excluding weekends and holidays before any Work is performed in the HC ROW

which involves disturbance of the soil. A copy of the Certificate under Section 6 of

these Rrules must be on site at all times. Failure to follow these procedures might

result in shut down of the Work.

A.B. HCTRA ROW: Applicant shall contact HCTRA Maintenance Department at

832.590.6936 48 hours prior to starting construction on HCTRA ROW.

B.C. HCFCD ROW: Submit a 48 hour Pre-Construction Notice form to HCFCD as

outlined on the Certificate prior to any Work performed in the HCFCD ROW.

Failure to follow these procedures might result in shut down of the Work.

C.D. In cases of Emergency Repairs requiring immediate Work, refer to Section 11.

SECTION 16 UTILITIES

ROW Users shall comply with the following provisions, as applicable:

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A. All underground Uutilities that cross improved HC ROWroads shall be jacked,

tunneled, bored, or driven under the road for the full width of the improved portion of

the road. Improved County roads, as used within this subsection, are defined as any

road surfaced with a material other than soil. The improved portion is considered as

that portion of the road lying between the front slope of each ditch, or on curb and

gutter sections, the area lying between the back of each curb.

B. All underground Uutilities, except High Pressure Pipelines and Permanent Utilities

that cross HC ROW shall be installed at the greater of the following depths:

i. at least four (4) feet below the crown of a County road; or

ii. two (2) feet below the bottom of the ditches on each side of a County road;

C. Such depth distances shall be measured from the top of such Utilities to the bottom

of the road ditch, or crown of the road, as the case may be; unless by reason of

proposed or anticipated changes in the grade of such HC ROW the County Engineer

may determine that a greater depth is advisable.

D. On curb and gutter sections, all underground Utilities, except High Pressure

Pipelines, Permanent Utilities, that cross County roads shall be installed at a

minimum of two (2) feet below the bottom of the slab at the gutters. Such depth

distance shall be measured from the top of such Utility to the bottom of the slab at

the gutter. However, in particular instances where it is determined by the County

Engineer that a greater depth is required, such Utility shall be installed at the depth

required by the County Engineer.

E. All Uutilities, except High Pressure Pipelines and Permanent Utilities, parallel to and

within the ROW of any County road shall be laid, constructed, maintained and/or

repaired at a distance of not less than four (4) feet from the edge of the road. The

distance shall be calculated from the portion of the road considered as the normal

traveling surface to the nearest side of such Uutilities. All Utility Work shall be in the

area considered as the front slope of the ditch where practical. These underground

installations shall be at such depth so as to provide a minimum of two (2) feet of cover

above the top of the buried structure.

F. If the installation of any Utility requires a repose angle with respect to the edge of the

traveling surface of the county road that exceeds 33 degrees, 41 minutes, 24

seconds (1 ½: 1 slope), the ROW User owner and/or operator shall furnish the

County Engineer with soil testing laboratory reports indicating if sheeting shoring is

required to safely preserve the road. The tests shall be at the sole expense of the

ROW User owner or operator.. If reports indicate sheeting shoring is required at

various areas or for the entire length of a trench, the owner and/or operator, at no

expense to HC, shall install it.

Spacing for soil tests shall be at one thousand (1,000) feet intervals unless soil

conditions indicate tests should be made at shorter intervals or as directed by the

County Engineer.

G On curb and gutter sections, all Utilities other than Permanent Utilities paralleling the

road should be a minimum four (4) feet behind back of curb.

H. All overhead Utilities constructed, maintained or repaired within HC ROW shall

conform to current federal, state, and local rules and regulations.

I. All underground Utility road crossings shall be clearly and permanently marked, on

each side of the ROW, with warning signs indicating owner and type of installation,

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where practical. Utilities carrying water and domestic sewage are exempt from this

requirement.

II. HCTRA

A. All underground Utilities that cross a toll road in the Harris County Toll Road System

shall be jacked, tunneled, bored, or driven under the road for the full width of the

improved portion of the road.

B. All underground Utilities, except High Pressure Pipelines and Permanent Utilities

that cross a toll road in the Harris County Toll Road System shall be installed at

the greater of the following depths:

i) at least four (4) feet below the crown of the road; or

ii) two (2) feet below the bottom of the ditches on each side of the road;

C. Such depth distances shall be measured from the top of such Utilities to the bottom

of the road ditch, or crown of the road, as the case may be; unless by reason of

proposed or anticipated changes in the grade of such road the HCTRA Executive

Director may determine that a greater depth is required.

D. All Utilities, except High Pressure Pipelines and Permanent Utilities, parallel to and

within the ROW of any County road shall be laid, constructed, maintained and/or

repaired at a distance of not less than four (4) feet from the edge of the road. The

distance shall be calculated from the portion of the road considered as the normal

traveling surface to the nearest side of such Utilities. All Utility Work shall be in the

area considered as the front slope of the ditch where practical. These underground

installations shall be at such depth so as to provide a minimum of two (2) feet of cover

above the top of the buried structure.

E. If the installation of any Utility requires a repose angle with respect to the edge of the

traveling surface of the County road that exceeds 33 degrees, 41 minutes, 24

seconds (1 ½: 1 slope), the ROW User owner and/or operator shall furnish the

HCTRA Executive Director with soil testing laboratory reports indicating if

sheetingshoring is required to safely preserve the road. The tests shall be at the sole

expense of the ROW User. owner or operator. If reports indicate sheetingshoring is

required at various areas or for the entire length of a trench, the ROW Userowner

and/or operator, at no expense to HC, shall install it.

Spacing for soil tests shall be at one thousand (1,000) feet intervals unless soil

conditions indicate tests should be made at shorter intervals or as directed by the

HCTRA Executive Director.

F All Utilities, except High Pressure Pipeline and Permanent Utilities, shall be located

no less than five (5) feet from any structural appurtenance. HCTRA has discretion

The on location of any bores larger than 48 inches,. This includinges, but is not

limited to those for , drilled shaft foundations, retaining walls, and bridge decks are

subject to HCTRA’s discretion.

H. All Utilities, except High Pressure Pipeline and Permanent Utilities, shall be located

no less than two (2) feet from any Tolling Facility.

I. All overhead Utilities constructed, maintained or repaired within HC ROW shall

conform to current federal, state, and local rules and regulations.

I.III.

HCFCD

A. All underground Uutilities that cross HCFCD ROW shall be buried at the minimum

depth specified in the Applicable Criteria and be installed with trenchless

technologies. The minimum depth is based on the ultimate depth of the drainage

facility. The applicant must contact HCFCD in order for HCFCD to determine the

ultimate depth of the drainage facility.

B. Pipelines and Uutilities within HCFCD ROW and parallel to the channel or detention

pond are not allowed.

C. A ROW User without Statutory Authority or who wishes to perform Work on a non-

drainage Facility must show written proof of an independent right or permission to

perform the Work. must purchase an easement prior to entry upon fee owned ROW.

D. Additional measures may be required to protect the HCFCD ROW from construction

damage.

SECTION 17 UTILITY POLES

A. Any Utility Pole line parallel to a Ccounty road shall be constructed with Utility Poles

set no further than one (1) foot from the ROW line. Utility Poles shall be one foot from

the ROW line and a maximum of eighteen inches in diameter, meaning no pole shall

obstruct the ROW greater than two feet six inches from the edge of ROW.

B. All overhead road crossings shall be constructed and maintained in accordance with

the applicable provisions of the National Electrical Safety Code (NESC).

C. Utility Poles are prohibited from being placed within HCFCD ROW.

SECTION 18 PERMANENT UTILITIES

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A. All Permanent Utilities in HCroad ROW shall cross at a depth of twenty-five feet or

greater below the crown of the road, unless they satisfymeet with Cconditions I1,

or II2 as outlined below.

B. All Permanent Utilities in HCroad ROW running parallel to the road shall be buried

a minimum of twenty-five feet below the crown of the road or greater unless they

satisfymeet Cconditions I1 or II2 as outlined below.

All Permanent Utilities shall be located no less than five (5) feet from any structural

appurtenance. The location of any bores larger than 48 inches, including, but not

limited to those for drilled shaft foundations, retaining walls, and bridge decks are

subject to HCTRA’s discretion.HCTRA has discretion on location of any bores

larger than 48 inches. This includes, but is not limited to, drilled shaft foundations,

retaining walls, and bridge decks.

B.C. All Permanent Utilities shall be located no less than two (2) feet from any Tolling

Facility.

C.D. Any poles, including Utility Poles, with a base or pole diameter greater than

eighteen inches in diameter are prohibited in the HC road ROW.

D.E. All Permanent Utilities buried in HCFCD ROW must be buried at the minimum

depth specified in the Applicable Criteria. The minimum depth is based on the

ultimate depth of the drainage facility. The applicant must contact HCFCD in order

for HCFCD staff to determine the ultimate depth of the drainage facility.

E.F. Proposed Permanent Utilities parallel to the channel or basin within HCFCD ROW

are typically not allowed, and any exceptions will require a variance and an

agreement with HCFCD to address cooperation in relocating or protecting utilities

for channel improvements or maintenance. For agencies that have an interlocal

agreement adopted by Harris County Commissioners Court with HCFCD

regarding this topic, variances for various construction projects will not be required.

F.G. Permanent Utilities may meet the installation standards of Utilities if they are a

communications node or other communications facilitiesy that is are being

attached to an existing Utility Pole and does not increase the height of said pole

by more than nine feet. Communications nodes on newly constructed utility poles

may meet the installation standard of Utilities if constructed in accordance with the

definition of “network node” in Section X Paragraph X of these regulations. For

Utilities that meet the criteria of this Condition, the requirements of these Rrules

shall supersede all of the requirements of the Harris County Location of

Communication Facility Structure Regulations. A network node must either be

located within and/or all exposed elements must fit within an enclosure or space

of not more than six cubic feet. A network not may not exceed a height of three

feet above the existing or proposed structure or pole. A network node or any

equipment attached to a node support pole may not protrude from the outer

circumference of the existing structure or pole by more than two feet. Any other

wireless equipment associated with the network node may not be more than 28

cubic feet in volume and may not protrude from the outer circumference of the

existing or proposed structure or pole by more than two feet. Ground based

enclosures, separate from the pole, may not be higher, wider, or deeper than three

feet six inches.

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G.H. Other Permanent Utilities may be approved on a case-by case basis by the County

Engineer or HCTRA Executive Director, where applicable, to reflect advancing

technologies in the fields of Permanent Utilities.

Condition I:

Permanent Utilities may meet the installation standards of Utilities if they are located on

a road ROW where the ultimate road section has been constructed or designed and the

installation of the Permanent Utility will not interfere with the roads operation,

maintenance, or repair.

Condition II:

Permanent Utilities may meet the standards of Utilities if the owner of the facility has an

agreement with Harris County or HCTRA, where applicable, governing cooperation in

relocating Utilities for roadway improvements. Said agreement must be approved by

Commissioners Court as the governing body of Harris County.

SECTION 19 HIGH PRESSURE PIPELINES

A. HC

High Pressure Pipelines crossing County roads shall be installed at the greater of the

following depths: minimum of six (6) feet below the crown of the road, and a minimum

of three (3) feet below the bottom of the roadside ditch. In curb and gutter streets,

the pipeline shall be installed a minimum of five (5) feet under the bottom of the storm

sewer. All measurements are from the top or bottom of the pipe and/or casing,

whichever results in a greater separation depth. All High Pressure Pipelines must be

cased and vented or have the equivalent protection in the design. Bore pits for High

Pressure Pipeline installation shall be a minimum of thirty (30) feet from the nearest

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through traffic lane and not less than twenty (20) feet from the edge of the pavement.

A professional engineer licensed to practice in the State of Texas must seal all High

Pressure Pipeline Construction Drawings submitted and certify that the Construction

Drawings meet all Federal and State requirements and guidelines for the specific

design. Should pipelines meet the definition of Permanent Utilities those

requirements shall govern.

B. HCTRA

High Pressure Pipelines crossing a toll road in the Harris County Toll Road System

shall be installed at the greater of the following depths: minimum of six (6) feet below

the crown of the road, and a minimum of three (3) feet below the bottom of the

roadside ditch. All measurements are from the top or bottom of the pipe and/or

casing, whichever results in a greater separation depth. All High Pressure Pipelines

must be cased and vented or have the equivalent protection in the design. Bore pits

for High Pressure Pipeline installation shall be a minimum of thirty (30) feet from the

nearest through traffic lane and not less than twenty (20) feet from the edge of the

pavement. A professional engineer licensed to practice in the State of Texas must

seal all High Pressure Pipeline Construction Drawings submitted and certify that the

Construction Drawings meet all Federal and State requirements and guidelines for

the specific design. Should pipelines meet the definition of Permanent Utilities those

requirements shall govern.

All High Pressure Pipelines shall be located no less than five (5) feet from any

structural appurtenance. This includes, but is not limited to, drilled shaft foundations,

retaining walls and bridge deck.

All High Pressure Pipelines shall be located no less than two (2) feet from any Tolling

Facility.

B. C. HCFCD

High Pressure Pipelines crossing HCFCD ROW will be evaluated on a case-by-case

basis.

SECTION 20 EXCAVATION AND BACKFILL

A. HC

Excavated spaces shall be properly backfilled as soon as possible, but no later than

the same day before sunset unless given prior written approval from HC, HCTRA or HCFCD,

as applicable. The ROW User shall remove from HC or HCFCD RTOW any excavated

materials found to be contaminated and dispose of the material in accordance with local,

state and federal laws. Should any excavated materials be found to be contaminated, these

contaminated materials willshall be removed from HC ROW and disposed of lawfullyin

accordance with local, state, and federal laws. New material with the equivalent soil

characteristics to the surrounding soil willshall be brought to the site for backfilling. Properly

backfilled means filled in such a manner that the compacted density is equal to or greater

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than that of the surrounding undisturbed soil. All backfill materials shall be free from large

(greater than three [3] inches) lumps, wood, or other extraneous material. The backfill shall

be placed in uniform layers not to exceed ten (10) inches in depth (un-compacted

measurement), and each layer shall be compacted. Dry backfill material shall be wetted

uniformly and shall be compacted by means of mechanical tampers or rammers, except that

the use of compaction equipment of the type generally used in compacted embankments

will be permitted on those portions that are accessible to such equipment. The County

Engineer or HCTRA Executive Director, as applicable, may specify alternative backfill

materials and methods on certain projects if deemed necessary. The backfilling shall be to

the satisfaction of the County Engineer or HCTRA Executive Director, as applicable, and

the appropriate Commissioner’s Precinct, as appropriate.

Any back fill of a Permanent Utility shall be completed to Applicable Criteria.

B. HCFCD

Refer to HCFCD Applicable Criteria.

SECTION 21 PAVING

A. Paving for turn lanes, median openings, or road widening’s shall be done in

accordance with the Regulations of Harris County, Texas for the Approval and

Acceptance of Infrastructure and the Harris County Standard Engineering Design

Specifications for Construction and Maintenance of Roads. All pavement cuts and

repairs shall be done by a contractor with experience in street repair work. Traffic

control devices and placement shall comply with the current edition of the Texas

Manual on Uniform Traffic Control Devices (“TMUTCD”). In the event HC notifies

the ROW User of non- compliance with the TMUTCDany federal, state, or local

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requirements, HC may require testing of materials used in construction in or near

the ROW to determine conformance with HC specifications, including, but not

limited to, compaction tests on backfill materials, subgrade, base, asphaltic

concrete, Portland concrete, and other construction materials as deemed

necessary by the County. The ROW User shall, at his expense, hire a testing

laboratory with current accreditation by the American Association for Laboratory

Accreditation, American Association of State Highway and Transportation Officials

(AASHTO) or another nationally recognized accreditation agency that verifies

compliance with ASTM E 329 and that demonstrates the laboratory’s capabilities

to perform applicable ASTM or AASHTO test procedures. The ROW User must

submit the results must be submitted to the County Engineer’s Office or HCTRA,

as applicable, prior to the final inspection by Harris County. by the ROW User.

B. Before HC releases bond, Applicant shall request a HC Inspection. Upon passing

of the HC Inspection and release of the bond by HC, the Applicant shall guarantee

and maintain all Work performed within the ROW for one (1) year after passing of

the HC inspection

SECTION 22 MONUMENTS

A. Monuments may be located at the main entrance to a subdivision and at secondary

entrances. They must be within the boundaries of the subdivision/development they

identify. Nothing in these Rrules shall be construed as restricting such authority as

the County may have to remove or require the removal of any Monument within the

ROW, whether or not constructed or maintained in conformance with these Rrules.

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B. One Monument per allowed location is authorized within the median in subdivisions

platted and recorded after January 1, 2005. Signs located on fences or fence-type

walls may be allowed with no more than two signs per entrance. Either wall signs or

median signs may be utilized, but not both. (Refer to Regulations of On-Premise

Signs in the Area of Municipal Extraterritorial Jurisdiction in Harris County for wall

sign permits).

C. The maximum message area size is seventy-five (75) square feet. The size is

measured by boxing in the subdivision name lettering and any associated symbols.

The maximum Monument height above top of curb is twelve (12) feet unless

restricted by proximity to curb. See Figure 4 for proximity to curb requirements.

D. The Monument shall be positioned such that it does not interfere with traffic visibility.

Refer to the American Association of State and Highway Officials (AASHTO) for

traffic visibility design criteria.

E. Monuments shall not be placed in the ROW Corner Cut Back or in the visibility

triangle.

F. Monuments within Master-Planned Communities may vary from these requirements

provided they do not exceed the equivalent amount of signage and are approved by

the County Engineer.

G. Monuments may be considered on medians of major thoroughfares provided that

they meet all the requirements of these Rrules and that the requestor dedicated the

ROW and constructed the road.

H. From the nose of the esplanade, maintain three-hundred-fifty (350) to four-hundred

(400) feet of sight distance, based on three and one-half (3 ½) foot height of driver’s

eye and thirty-five to forty (35-40) M.P.H. posted or actual vehicle speed. Along

the entire esplanade, the edge of Monument must be six (6) feet or greater from

the inside edge of curb. No Monuments with a height greater than three (3) feet

measured from top of curb for (refer to Figure 4):

i.thirty-five (35) feet from nose to esplanade and a ten (10) foot clearance on each

side; or

ii. fifty (50) feet from nose of esplanade and a nine (9) foot clearance on each

side; or

iii. one-hundred (100) feet from nose of esplanade and a seven (7) foot clearance

on each side.

I. Monuments containing lights which are not effectively shielded as to prevent beams

or rays of light from being directed at any portion of the traveled way from which the

Monument is primarily viewed and which are of such intensity or brilliance as to cause

glare or to impair the vision of the driver of any motor vehicle, or which otherwise

interfere with any driver’s operation of a motor vehicle, are prohibited.

J. Any permanent Landscape feature must conform to the above set back requirements

when placed in the ROW.

K. Monuments may not be placed where the Person or entity requesting the placement

does not own the underlying fee, unless written permission is obtained from the fee

owner.

L. Monuments are not allowed in HCFCD ROW.

SECTION 23 SOIL BORING AND MONITORING WELL REQUIREMENTS

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A. Construction Drawings submitted to HC and HCTRA, as applicable, under these

Rrules for the installation of soil boring(s) or monitoring well(s) shall include the

proposed physical location(s) using a latitude and longitude coordinate as well as

a site map with any proposed soil boring(s) or monitoring well(s) denoted. If

during the installation of the soil boring(s) or monitoring well(s) a location needs to

be altered due to unforeseen subsurface obstructions, the ROW User or Applicant

shall submit an amended site map denoting the newly proposed latitude/longitude

locations and obtain HC or HCTRA, as applicable, approval prior to installation at

the altered location.

B. ROW User shall install boring(s) and monitoring well(s) in accordance with state

and federal requirements. The monitoring well(s) shall be flush mounted with a

concrete collar and be secured/locked after each sampling event.

C. ROW User shall remove all sampling and investigation-derived wastes from the

HC or HCFCD ROW at the end of each Work day and dispose of them lawfullyin

accordance with federal, state, and local laws.

D. ROW User or Applicant shall notify HC of any spills that occur in the HC or HCFCD

ROW during performance of the Work, including installation of the monitoring

well(s) or sampling events, as soon as possible, but not later than 24 hours of the

spill. No later than 10 days after finalization, the ROW User or Applicant, will

provide HC or HCTRA, as applicable, with any sampling data and/or reports

related to clean-up or remediation of such spills in the HC and/or HCFCD ROW.

E. No later than 30 days after written request from HC, HCTRA and/or HCFCD, as

applicable, Applicant shall plug and abandon the monitoring well(s) in accordance

Commented [US(8]: These are submitted as part

of the “permitting” process, correct? If so,

I think HC is proper, since they are the

permitting authority and HCTRA is a department

of HC.

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issues the permit after HCTRA internally

approves?

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with the Texas Commission on Environmental Quality (TCEQ) rules. Additionally,

any monitoring well that is no longer actively being sampled shall be properly

plugged and abandoned in accordance with the TCEQ rules. ROW User or

Applicant shall notify HC or HCTRA, as applicable, upon completion of the

plugging of the monitoring well(s) and provide all documentation of the competed

Work to HC or HCTRA, as applicable, within 14 days of completion of the plugging.

F. ROW User or Applicant shall provide HC copies of any and all final soil and/or

groundwater sampling results and soil and/or groundwater monitoring reports

generated or acquired by the ROW User as a result of the Work conducted in the

HC and/or HCFCD ROW.

G. Upon request by HC or HCFCD, the ROW User shall immediately make available

to HC or HCFCD a site specific Health and Safety Plan, if required by law.

SECTION 24 DAMAGE TO HC OR HCFCD ROW

A.B. Any damage to any HC or HCFCD ROW, or structures on or in the ROW shall be

repaired immediately and restored to the condition that existed before the damage

took place. All repair or restoration shall be at the sole cost and expense of the owner

or operator of such Facility. The ROW user shall notify HCTRA immediately if a

HCTRA structure is damaged. Damages must be repaired to the satisfaction of the

County Engineer, District Engineer, or HCTRA Executive Director, or their

representative.

C. Failure to repair damages sustained to HC or HCFCD ROW during performance of

Work will be cause to notify the surety that provided the required bonds for the Work.

The Work to be done pursuant to the Certificate and any repair and/or subsequent

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restoration of the ROW must be completed within the dates specified on the

Certificate. In the event of circumstances beyond the control of the Applicant or when

Work is prohibited by unseasonable or unreasonable conditions, HC may extend the

dates upon receipt of a substantiated written request by the Applicant.

B.D. If activities of the ROW User cause any disruption to HCTRA fiber or tolling

equipment or in any way affect HCTRA’s ability to collect tolls, under the terms of the

right of entry agreement ROW User shall be responsible for any and all damages

stemming from that disruption, including, but not limited to, loss of revenue, loss of

data, and costs of mitigation .

C.E. All earth materials, sidewalk, pavement, Utilities, conduits, crossing, irrigation,

Landscaping, storm drainage Infrastructure, drainage features, Monuments,

manhole covers, valve covers, meter box lids, or other improvements, which are

damaged, disturbed, or removed by the ROW User shall be fully repaired promptly

by the ROW User and/or Applicant to the reasonable satisfaction of HC, HCTRA,

and HCFCD, as applicable.

D.F. After any Work or excavation, the ROW User shall restore the ROW, including but

not limited to trench envelope, pavement structure, and surrounding areas to the

same or better condition than it was prior to the excavation. The restoration shall

be made in accordance with applicable HC, HCTRA, or HCFCD Applicable

Criteria within 30 days and the repair shall endure without failure for one (1) year

from the completion date of any repair.

E.G. If any excavation cannot be backfilled the same day before sunset, the ROW User

shall securely and adequately cover the excavation and maintain proper traffic

barricades, safety fencing, and/or lights as required, from the time of the opening

of the excavation until the excavation is completed for use.

SECTION 25 VEGETATION MANAGEMENT

A. No Work shall be performed in such a manner as to destroy, damage, install, or

remove any Landscaping within the HC or HCFCD ROW unless prior approval has

been received. To obtain approval, the Construction Drawings required in Section

79 must clearly show any existing Landscaping and any proposed modifications.

Failure to follow this procedure might result in job shut down at the discretion of the

County Engineer or HCTRA Executive Director, as applicable. Any damaged or

removed Landscaping must be replaced with an equivalent amount, size, and quality

at a location designated by the County Engineer, HCTRA Executive Director, or

District Engineer, as applicable. Proper ground cover (turf grass) must be replaced

when any significant areas are disturbed and the ground cover removed.

B. HC

i.If Landscaping is proposed in the ROW, the minimum requirements must be

followed. No tree or shrub planting exceeding three (3) foot in height when

mature shall be installed within two hundred (200) feet of any existing and/or

proposed traffic signal pole or controller, regulatory or warning signs, or other

traffic control devices. Refer to Section 13 of the Regulations of Harris County,

Texas for the Approval and Acceptance of Infrastructure for Landscaping on

private property.

ii. At the nose of the esplanade, maintain three-hundred fifty (350) to four-hundred

(400) feet of sight distance, based on three and one-half (3 ½) foot height of

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driver’s eye and thirty-five to forty (35-40) M.P.H. posted or actual vehicle

speed. No plantings or Monuments with a height greater than three (3) feet

measured from top of curb for (refer to figure 4):

a. thirty-five (35) feet from nose to esplanade and a ten (10) foot clearance

on each side; or

b. fifty (50) feet from nose of esplanade and a nine (9) foot clearance on

each side; or

c. one-hundred (100) feet from nose of esplanade and a seven (7) foot

clearance on each side.

iii. Trees or bushes should not be located within twenty-four (24) feet of any

existing and/or proposed traffic signal pole or controller, regulatory or warning

signs, or other traffic control devices. No tree or shrub plantings exceeding one

and one-half (1 ½) feet in height will be allowed within one-hundred -fifty (150)

feet of a school crossing.

iv. No Landscaping shall be placed so as to interfere with the visibility triangle.

v. Along entire esplanade:

a. Centerline of tree trunk must be six (6) feet or greater from the inside

edge of curb.

b. Tree branches shall be trimmed and maintained to a minimum of twenty-

four (24) inches from inside of curb to a height of fifteen (15) feet

from top of curb and in accordance with ANSI standards A-300

(American National Standards for Tree Care Operations.)

c. No trees or plantings are allowed within ten (10) feet of a fire hydrant.

The fire hydrant should not be hidden from view from the street by

vegetation or structures.

d. Irrigation systems shall be positioned and directed so they do not spray

upon the roadway or upon vehicles using the roadway systems.

vi. For specimen trees twelve (12) inch caliper and larger, the ROW User engineer

will provide a tree removal and replacement plan with the construction plans.

Auger or tunnel construction methods under selected specimen trees must be

used to the extent practicable. Replacement trees should generally have a

minimum diameter of three (3) inch caliper as established by the American

Association of Nurserymen. Trees twelve (12) inches and larger should be

replaced with smaller trees being no less than three (3) inch caliper and totaling

the equivalent caliper diameter of the removed tree.

vii. Replacement of trees should generally be the same type as the removed tree,

unless directed otherwise by the County Engineer, HCTRA Executive Director,

as applicable, or appropriate Precinct designee during the plan review.

Specimen trees located in the ROW and adjacent to the contractor’s Work area

are to be fenced with four (4)-foot high orange safety fencing. The limits of the

fencing will be coordinated with a landscape professional and the appropriate

Precinct designee and approved during plan review. Specimen trees smaller

than twelve (12) inches will be transplanted within the County’s ROW as

directed by the County Engineer, HCTRA Executive Director, as applicable, or

the appropriate Precinct designee during the plan review.

viii. The ROW User engineer will utilize a Landscape Professional when necessary for

the preparation of the tree removal and replacement plan. A Landscape

Professional is defined to be an Urban Forester, Registered licensed Landscape

Architect licensed in the State of Texas, Certified Arborist or similar qualified

professional.

C. HCFCD

Provide Landscaping plans sealed by a Registeredlicensed Landscape Architect

licensed in the State of Texas detailing any vegetation management activities proposed

with HCFCD ROW.

i. Addition of Environmental Features

a. For the proposed addition of environmental features such as

Landscape plantings, refer to Applicable Criteria .

b. Install Best Management Practices and establish turf to bare ground

areas as soon after construction activities are complete. Establish turf

in accordance with Applicable Criteria.

ii. Tree Protection

a. Protect trees to be preserved from construction damage by installing

“tree protection zones” prior to commencing construction activities.

Refer to Applicable Criteria.

b. Show all trees to be protected on the Landscape plan drawings,

include method of protection in the detail sheet.

iii. Tree Removal

Provide a tree replacement plan for all desirable trees designated to be removed.

Tree replacement will be inch for inch of the same or similar species.

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iv. Tree Pruning

a. Pruning of trees for vehicular or equipment access should only be

done by Texas licensed and bonded tree care professionals. Prune

only the minimum amount to gain access to the Facility, do not remove

more than ¼ of the tree’s canopy.

b. Prune trees in accordance with the ANSI-A300 Standard Practices for

Tree Pruning guidelines.

SECTION 26 LIABILITY

The owner of any Facility shall indemnify, defend save and hold harmless HC and

HCFCD, their officers, directors, agents, employees, successors and assigns from and

against any and all claims and ny and all liability that arises or may arise due to any the

activities of the owner of the Facility, its agents, or employees, that arises or may arise from

any activity the owner, its agents, servants, employees, orand contractors that are

performed may conduct on any the HC or HCFCD ROWpremises. The owner of any Facility

shall also indemnify, defend and holdsave harmless HC and HCFCD, their officers,

directors, agents, employees, successors and assigns the County from and against any and

all expenses, including reasonable attorney’s fees, which might be incurred by HC and

HCFCDthe County, in litigation or otherwise resisting said claims and liabilities.

SECTION 27 VARIANCES

Requests for a Variance from the requirements herein may be submitted for

consideration when based on sound engineering practice. Individuals requesting a

Variance shall do so in writing clearly stating the provision(s) they want to vary from and

why they need the requested Variance. They must also explain how they will provide

equivalent measures to the provision from which they wish to vary or why the requirement

in the Rrules is not applicable to their project. The Variance shall also include any other

supplemental information requested..

The Variance will provide equivalent measures to the rule or criteria and why the

requirement in the rRules is not applicable to the Work.

The denial of a variance request may be appealed in accordance with Section 354

of these Rules. Any such appeals must be filed no later than 30 days after receipt of the

determination.

SECTION 28 CONSTRUCTION PER DRAWINGS

All Work must be performed in accordance with the approved Construction

Drawings. Any deviations to the approved Construction Drawings must be submitted to

HC and must be approved prior to commencing Work.

SECTION 29 INSPECTIONS

A. HC, HCTRA, or HCFCD, as applicable, will determine, at their sole discretion,

when additional inspections will be required during Work. Additional inspections

will be required, at a minimum, prior to placement of bedding, backfill, or paving,

prior to initiation of tunneling or boring operations, or placement of drainage

infrastructure, and upon completion of Work included within the approved

Construction Drawings. Contact information for notifying HC, HCTRA and HCFCD,

as applicable, to request a final inspection are provided in the approved

Construction Drawings and Certificates.

B. HC, HCTRA or HCFCD Inspectors, as applicable, will be authorized to inspect all

Work within the ROW and all materials that are proposed to be placed in the ROW.

Such inspections may extend to all or any part of the Work performed within the

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ROW. The County Engineer has the authority to order the immediate cessation of

any Work in the ROW if he or she deems it is a threat to the health, safety, or well-

being of the public by suspending the Certificate as provided in Section 32.The

HC, HCTRA or HCFCD Inspector, as applicable, must inspect any Work performed

prior to bedding, backfilling, placement of concrete paving or asphaltic concrete

paving, or placement of drainage Infrastructure. The County Engineer or his

designee and the HCTRA Executive Director, as applicable, haves the authority to

order the immediate cessation of any Work in the ROW if they deem it is a threat

to the health, safety, or well-being of the public. by suspending the Certificate as

provided in Section 32. The County Engineer or his designee or the HCTRA

Executive Director, as applicable, may order the immediate cessation of any Work

if the ROW User does not have a Certificate.

C. Failure to contact HC, HCTRA, or HCFCD in accordance with Section 15 will be

considered non-compliant with the terms of the Certificate and these Rrules. HC,

HCTRA, or HCFCD, as applicable, may require the removal of any part of or all of

the Work, including Utility or paving that was constructed within the ROW.

SECTION 30 AS-BUILT DRAWINGS

Upon completion of construction, Applicant shall submit As-Built Drawings to HC.

The As-Built Drawings must be signed and sealed by a registered Professional Engineer

or Rregistered Landscape Architect, as appropriate, licensed in the State of Texas.

SECTION 31 ENFORCEMENT

A. It is a violation of these Rules if a Person fails to follow any of the above listed

provisions. Entry upon HC or HCFCD ROW is expressly conditioned upon

Commented [YP(13]: Sentence added and deleted

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compliance with these Rules and accurate representation to the County or District

Engineer or HCTRA Executive Director concerning the activity to be undertaken on

HC or HCFCD ROW. A violation of these Rules constitutes a Class C misdemeanor

and the County Engineer and HCTRA Executive Director may seek to obtain

enforcement of said Rules on behalf of HC,, HCTRA or HCFCD in the appropriate

Justice of the Peace Court. Additionally the County Engineer and HCTRA Executive

Director may refer violations of these Rules to the County Attorney for injunctive relief

and/or a civil penalty.

SECTION 32 CERTIFICATE SUSPENSION PROCEDURES

Certificates shall be suspended in accordance with the following provisions:

A. A Certificate is suspended when the County Engineer or his inspector advises the

Applicant or ROW User that the Certificate is suspended and/or posts a written

suspension notice at the jobsite.

B. The following actions by the Applicant or ROW User are grounds for suspension of

the Certificate:

1. Non-compliance with these Rules;

2. Non-compliance with any requirements in a Certificate;

2. Deviating from the approved Construction Drawings and refusing to

make required corrections;

3. Warning or other traffic control procedures or equipment do not comply

with TMUTCD;

3. The Work is causing a public health, environmental, flood, or safety

hazard.

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4. Any grounds for revocation of a Certificate as outlined in Section 33.

C. When the suspension notice is posted, the ROW User must immediately suspend all

Work on the job except the Work necessary to abate the suspension. The

suspension will be abated when the corrective Work is performed and has passed

inspection. The abatement will be evidenced by the removal of the suspension notice

by the County Engineer or his inspector that the Work has now been re-inspected

and passed. The suspension notice shall not be removed by any person other than

the County Engineer or his inspector and removal by any other person will be

ineffective.

SECTION 33 CERTIFICATE REVOCATION

Grounds for a Certificate revocation are as follows:

A. Material deviation from the Construction Drawings on file with the County Engineer,

or a pattern of consistent deviation from such drawings and specifications which

would demonstrate an intention to avoid conformity with the requirements of the

Certificate or these Rrules.

B. Proceeding with work while the Certificate is suspended, other than such Work

necessary to abate the suspension.

C. An act or acts of violence or threat or threats of violence against the County Engineer,

District Engineer, or HCTRA Executive Director, or their inspectors on or off the Work

site for the purpose of intimidating the County Engineer, the District Engineer, the

HCTRA Executive Director, or their inspectors, so that they will not perform their

inspection duties.

D. Falsifying or submitting misleading information in the Certificate Application.

SECTION 34 CERTIFICATION REVOCATION PROCEDURES

Certificates shall be revoked in the following manner:

A. The County Engineer shall file a complaint stating the reason for Certificate

revocation with athe Hearing Examiner to be appointed by Commissioners

Court.

1. The Examiner will set a hearing as soon as practicable, but not more

than within thirty (30) days from the date the ROW User received notice

that a complaint was filed of receiving the complaint.

2. The Examiner will deliver the original Complaint and Hearing Notice to

the Clerk of Commissioners Court to be filed, give one copy to the

County Engineer, and designate an appropriate person as Serving

Agent and give two copies to him or her.

3. The Serving Agent will take the two copies of the Complaint and

Hearing Notice to the site where he will:

a. Hand one copy of the Complaint and Hearing Notice to the

Applicant, or

b. If the Applicant is not an individual or cannot be found on the

site, the Serving Agent will hand one copy of the Complaint and

Hearing Notice to the person on the site who appears to be in

charge, or

c. If no person can be found on the site, the Serving Agent will

post the Complaint and Hearing Notice over the Certificate

and/or Notice of Suspension posted at the job. Upon posting of

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the Complaint and Hearing Notice, the Certificate shall be

suspended.

4. The Serving Agent will fill in the return on the remaining copy, noting

on it the date, time, and manner in which he perfected service, and

sign the return and return the remaining copy to the Hearing Examiner.

5. At the time set for hearing, if the return copy of the Complaint has been

returned to the Hearing Examiner by the serving agent, and reflects

that service has been perfected, the Examiner may proceed with the

hearing.

6. Hearings will be conducted before the Hearing Examiner in the

manner provided for by Section 35 of these Rules. before the

Hearing Examiner appointed by Commissioners Court and Tthe

Examiner may delegate responsibilities of Hearing Examiner to his

Assistant. The Examiner’s decision and review by Commissioners

Court are governed by Section 35.

SECTION 35 APPEALS AND HEARING PROCEDURES AND REVIEW BY

COMMISSIONERS COURT

A. If an Applicant is denied a Certificate, has his Certificate suspended, or is denied a

variance request, he may appeal the denial or suspension as provided in this Section.

The term “appellant” is used to refer to the appealing party. An appellant must seek

his remedy under this procedure before seeking his remedy in court. Application for

a Certificate is deemed to be a waiver of the right to challenge these Rules before

exhausting remedies herein provided. The appeals process is as follows:

(1) Appeals are initiated by the making of complaint with or by requesting an

exception to the Rules from the Hearing Examiner in writing.

(2) The Hearing Examiner will set a time for a hearing, which will be scheduled

as soon as practicable but within thirty (30) days of the receipt of the written

complaint or request, and shall prepare a Notice of Public Hearing naming the

time and date of the Hearing. Copies shall be distributed as follows:

a. The original copy and the Certificate to Commissioners Court will be

filed with the Clerk of Commissioners Court and the Clerk will prepare

a file for the Hearing Notice.

b. The Examiner will set up his own working or hearing file, in which he

will keep one copy.

c. The Examiner will give one copy to the Appellant.

d. The Examiner will deliver one copy to the County Engineer. The

Hearing will be conducted as provided in this Sectionin Section

34(B)herein.

(3) Appeal of a suspension will not abate the suspension pending the decision of

the Hearing Examiner.

B. At Hearings before the Examiner, the Examiner will hear the testimony of the County

Engineer and any witnesses called by the County Engineer. The Examiner will hear

the testimony of the appellant and any witnesses called by the appellant. The

Examiner will review all documents and exhibits submitted to him by the parties. The

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Examiner will not be bound by formal rules of evidence and will control the evidence,

reserving to himself the power to exclude testimony or exhibits he does not consider

relevant. The Hearing Examiner will maintain an accurate record of the evidence

adduced at the Hearing.

C. The Examiner will prepare a written decision within three (3) working days of the

Hearing. A copy of his decision will be filed with the Clerk of Commissioners Court,

the members of the Commissioners Court, and with the County Engineer. The

original will be sent to the appellant's address shown on the Certificate or application.

D. If a variance is granted, the County Engineer shall prepare the appropriate certificate

with any special requirements that may be required by the conditions of the variance.

E. If the County Engineer or the appellant wishes to appeal the Examiner's decision, a

written objection must be filed with the Clerk of Commissioners Court within ten (10)

days from the date the Examiner's decision is filed. The Clerk will notify the Hearing

Examiner who will place the matter on the Agenda of Commissioners Court for review

at the next meeting of Commissioners Court. If the County Engineer files the

objection, notice that the matter is on the agenda will be sent to the appellant by mail

at the appellant's address shown on the Certificate or application. Commissioners

Court will review the matter. The Commissioners Court may either affirm or reverse

the decision of the Hearing Examiner. A suspension of a permit upheld by the

Hearing Examiner will not be abated pending the review of Commissioners Court.

SECTION 36 VIOLATION OF CONDITIONS OF RULES

Any Person having knowledge of a violation of these Rules may file a complaint with

Commissioners Court. If the County Engineer, HCTRA Executive Director, or District

Engineer or another County or District official files the complaint, the County Attorney will

prosecute the complaint.

SECTION 37 CONTEMPT OF COMMISSIONERS COURT

Violation of these Rules constitutes contempt of Commissioners Court.

Commissioners Court may punish contempt by fine or imprisonment in accord with the

provisions of Section 81.024 of the Texas Local Government Code, as amended. Any

Person authorized by the County Engineer to perform Work within HC or HCFCD ROW

does so on the representation to Commissioners Court that he will comply with these Rules

and other County Regulations or District Applicable CriteriaRules and Regulations.

Violations of such representations constitute contempt of Commissioners Court. If

Commissioners Court finds the defendant guilty of contempt, it will enter such Orders

consistent with general law necessary to enforce and protect its jurisdiction over the matter,

and to uphold the integrity of these Rules. Such Orders are enforceable by civil or criminal

contempt. Procedures for contempt proceedings before Commissioners Court will be

consistent with procedures in actions before other courts in this State for enforcement of

Court Orders, and for the protection of the jurisdiction of Courts by the process of contempt.

SECTION 38 SEVERABILITY

If any provision, section, subsection, sentence, clause or phrase of these Rules might

otherwise be invalid, illegal, or unenforceable in any respect, it should be construed as being

limited in scope and apply to only those circumstances to which it can legally apply. To the

extent that any provision or part thereof is still found to be invalid, illegal, or unenforceable

in any respect it shall not affect any other provision.

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RULES OF HARRIS COUNTY AND THE HARRIS COUNTY FLOOD CONTROL

DISTRICT FOR THE CONSTRUCTION OF UTILITIES WITHIN HARRIS COUNTY

AND HARRIS COUNTY FLOOD CONTROL DISTRICT RIGHTS-OF-WAY

TABLE I – BONDS

BOND AMOUNT for Work in HC ROW

$5,000.00 Road Crossing other than storm sewer bores, tunnels, median

modifications, turn lanes, roadway open cuts or widenings.

$8.00 Per Linear Foot, other than irrigation

$2.00 per foot for irrigation line installation in ROW

$80,000.00 or 100% of the construction costs whichever is greater – Per Traffic

Signal

$40,000 or 100% of the construction costs whichever is greater – Per median

modification, turn lane, road widening, storm sewer bore, tunnel or roadway open

cut

BOND AMOUNT for Work in HCFCD AND HCTRA ROW

CONSTRUCTION COST OF

WORK IN HCFCD ROW

MINIMUM BOND AMOUNT

REQUIRED

$25,000.00 or Less

$25,000.00

More than $25,000.00

100% of Construction Cost

CONSTRUCTION COST OF

WORK UNDER, ACROSS OR

OVER TOLL ROADS IN THE

HCTRA TOLL ROAD SYSTEM

MINIMUM BOND AMOUNT

REQUIRED

$50,000.00 or Less

$50,000.00

More than $55,000.00

100% of Construction Cost

TYPE OF BONDS

One of the following bonds payable to HC shall accompany such application

described in Section 103: A bond with two good and sufficient personal sureties,

a corporate surety bond,

or a personal bond, if acceptable to the Commissioners

Court of Harris County, Texas, acting in its

sole discretion upon proof being

furnished to the satisfaction of said Court as to the financial

responsibility of

such individual or entity desiring to make such crossing and/or crossings, for each

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crossing of such Facility over a HC or HCFCD ROW or for each one mile

or part

of one mile such Facility runs parallel with and within the boundaries of such HC

H C F C D R O W

In the event the construction of one continuous Facility is to be made in, over,

across, and along

several HC or HCFCD ROW, one such bond covering all

construction of

such Facility in, under, across, or along the several HC road or

HCFCD ROW

affected by such continuous Facility construction.

One perpetual bond, executed solely by such individual or entity, if acceptable to

the Commissioners’

Court of Harris County, Texas, acting in its sole discretion,

upon proof being furnished to the

satisfaction of said Court as to the financial

responsibility of such individual or entity; such perpetual

bond to cover all

Facilities thereafter laid across or along any HC road or HCFCD ROW in Harris

County, Texas under the jurisdiction of the Commissioner’s Court of Harris

County, Texas

The amount and terms of each of the above bonds shall be determined by the

schedule above or by the

County Engineer of Harris County, Texas and each of

the above bonds shall be conditioned on the

tility or Utilities covered thereby

being constructed, maintained and repaired so as to comply with the

herein

established minimum requirements and conditions for such laying, constructing,

maintaining,

and repairing of such Utility or Utilities in, under, across and along

such HC road or HCFCD ROW.

BOND FORMS

All bond forms are to be promulgated by the County Engineer of Harris County,

Texas.

Figure 1

Figure 2

Figure 3

*”CLEARANCE” measured from back of curb to edge of the sign or vegetation.

Figure 4