The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Access connection--Facility for entry and/or exit such as a driveway, street, road, or highway that connects to a highway on the state highway system.
  (2) Access management standards--The standards, criteria, and specifications prescribed in Chapter 2, Access Management Standards, of the department's Access Management Manual that govern the location, design, construction, and maintenance of access connections.
  (3) Commercial driveway--An entrance to, or exit from, any commercial, business, or similar type establishment.
  (4) Commission--The Texas Transportation Commission.
  (5) Construction of an access connection--The installation, construction, reconstruction, relocation, enlargement, or other material modification of an access connection.
  (6) Department--The Texas Department of Transportation.
  (7) Design division--The administrative office of the department responsible for the development of engineering design guidance and oversight of projects developed on the state highway system.
  (8) Development--The new construction or the enlargement of any exterior dimension of a building, structure, or improvement.
  (9) Director--The chief administrative officer in charge of the design division.
  (10) District--One of the 25 geographic districts into which the department is divided.
  (11) District engineer--The chief administrative officer in charge of the district in which the access connection is located, or that officer's designee.
  (12) Eligible county--A county with a population of 3.3 million or more or a county adjacent to a county with a population of 3.3 million or more.
  (13) Engineering study--An appropriate level of analysis as determined by the department, which may include a traffic impact analysis, that determines the expected impact that permitting access will have on mobility, safety, and the efficient operation of the state highway system.
  (14) Executive director--The executive director of the department, or a designee not below the level of deputy executive director or assistant executive director.
  (15) Local access management plan--A plan or guideline in a formally adopted rule or ordinance that is related to the application of access management within the municipality's or eligible county's jurisdiction.
  (16) Local access road--A local public street or road, generally one parallel to a highway on the state highway system to which access for businesses or properties located between the highway and the local access road is provided as a substitute for access to the highway. A local access road may also be called a lateral road or reverse frontage road, depending on individual location and application.
  (17) Permit--Authorization for entry to or exit from a state highway and adjacent real property, issued by the department under Transportation Code, Chapter 203.
  (18) Permittee--A real property owner, or the owner's authorized representative, who receives an access connection permit from the department to construct or modify an access connection from the owner's property to a highway on the state highway system.
  (19) Platted access point--An access connection identified in a plat or replat of a subdivision of real property properly recorded in the county clerk's office in accordance with Property Code, §12.002.
  (20) Private driveway--An entrance to or exit from a residential dwelling, farm, or ranch for the exclusive use and benefit of the permittee.
  (21) Public driveway--An approach from a publicly maintained street, road, or highway.
  (22) Regionally significant highway--A highway functionally classified as a minor arterial or higher.
  (23) Traffic impact analysis--A traffic engineering study to the level of analysis determined by the department that determines the potential current and future traffic impacts of a proposed traffic generator and is signed, sealed, and dated by an engineer licensed to practice in the state of Texas.
  (24) Undeveloped property--The real property identified in a plat or replat of a subdivision properly recorded in the county clerk's office in accordance with Property Code, §12.002, on which development has not commenced.

Source Note: The provisions of this §11.51 adopted to be effective October 16, 2003, 28 TexReg 8958; amended to be effective October 19, 2006, 31 TexReg 8574; amended to be effective February 18, 2010, 35 TexReg 1297