(a) Purpose. The Landscape Partnership Program (program) allows individuals, private businesses, organizations, and local governments an opportunity to support the aesthetic improvement of the state highway system by donating the project development, establishment, and maintenance of a landscaped section of the state highway system. This section sets forth policies and procedures governing the program.
(b) Participation.
  (1) Eligible entities. An individual, private business, organization, or local government may develop, establish, and maintain the landscape of a section of the state highway system upon approval of the district engineer. An individual, private business, or organization is eligible to participate:
    (A) as a donor through the local government by providing donations to the local government; or
    (B) as a nongovernmental donor by providing donations directly to the department.
  (2) Compliance with other rules. The department will process a donation under paragraph (1)(B) of this subsection in accordance with the requirements of Chapter 1, Subchapter M of this title (relating to Donations). If a provision of this section conflicts with a provision of Chapter 1, Subchapter M of this title, this section will prevail.
  (3) Sign. The department may install a sign at the project site announcing the local government's or donor's participation in the program. The sign must conform to the Texas Manual on Uniform Traffic Control Devices. On approval of the district engineer of the district in which the project site is located, a municipality may erect and maintain a sign within the municipality's jurisdiction announcing participation in the program.
(c) Application.
  (1) A local government or donor that desires to participate or to continue to participate in the program shall submit an application to the district engineer of the district in which the project site is located.
  (2) The application shall be in the form prescribed by the department and shall at a minimum include:
    (A) the date of application;
    (B) the name, telephone number, and complete mailing address of the local government or donor;
    (C) the highway section the local government or donor is interested in developing, establishing, and maintaining; and
    (D) the project concept plan containing sketches, drawings, specifications, and descriptive text as may be required by the department to evaluate the project under required general, site, and design considerations, to determine the proposed design intent.
(d) Conditions. In order to participate in the program, each project must meet the department's approval under general, site, and design considerations.
  (1) General considerations. Normally, work on state highway right of way will be performed by state forces or under contracts awarded and administered by the department. The district engineer of the district in which the project site is located may grant an exception to allow a local government or donor to perform work on state highway right of way.
  (2) Site considerations. For sites to be approved by the department, the following site conditions must be met. The site must:
    (A) not be scheduled for future construction, as defined within the department's current unified transportation plan, that would conflict with the activities proposed on the project;
    (B) contain sufficient right of way to reasonably permit planting and landscaping operations without conflicting with safety, geometric, and maintenance considerations;
    (C) not contain overhead or underground utilities, driveways, pavement, sidewalks, or highway system fixtures including traffic signage or signalization that would conflict with the planting or landscaping operations proposed under the project; and
    (D) not contain existing drainage conditions that will be obstructed or otherwise interfered with by the project.
  (3) Design considerations. For sites to be approved by the department, the following design considerations must be met.
    (A) The project design, as shown on the project concept plan, must be acceptable to the department.
    (B) Unless otherwise approved by the department, the project design may not include the following design elements:
      (i) plant material or fixtures that, in the opinion of the department, require an intense level of continued establishment and maintenance in order to assure the effectiveness and function within the design;
      (ii) flagpoles or pennant poles;
      (iii) fountains or water features;
      (iv) statuary, sculpture, or other art objects; and
      (v) logos or other advertising.
(e) General limiting conditions and eligibility. Because of administrative, legislative, and financial constraints, the program shall be subject to the following terms.
  (1) The department will consider such factors as width of right of way, geometrics, congestion, sight distance, and maintenance requirements in determining the acceptability of any proposed project.
  (2) The department will not erect or replace a sign announcing participation in this program unless the local government or donor pays the cost of manufacturing and erecting the sign.
  (3) Work under the program shall not be combined with any other landscape-related programs sponsored by the department.
(f) Agreement.
  (1) If the proposed project as submitted under subsection (c) of this section is approved by the department, the local government or donor shall enter into a written agreement with the department providing participation in the program. Work on any phase of the project may not begin until the agreement is fully executed by both parties.
  (2) The agreement shall be in the form prescribed by the department and shall at a minimum include the following terms.
    (A) The project design plan shall consist of plans, sketches, drawings, notes, estimates, maintenance work schedules, and specifications as required by the department.
    (B) Any changes to the agreement shall be enacted by written amendment.
    (C) The parties shall not assign or otherwise transfer their obligations under this agreement, except with prior written consent of the other party.
    (D) The project design plan shall be subject to the review and satisfactory approval by the department prior to installation.
    (E) Violation or breach of contract terms shall be grounds for termination of the agreement by the department. In the event of disputes as to obligations under the agreement, the department's decision shall be final and binding.
    (F) The local government or donor and its contractors, if any, shall to the extent provided by law, furnish certificates of insurance, guarantees of self-insurance if appropriate, and indemnification as may be prescribed by the department.
    (G) The department, at the local government's or donor's expense, shall provide, erect, and maintain any barricades, signs, and traffic handling devices necessary to protect the safety of the travelling public while performing any work on the project. The department in its discretion may allow the local government to provide, erect, and maintain barricades, signs, and traffic handling devices required to comply with this subparagraph.
    (H) The agreement shall be for a period of not less than two years. If after two years, the local government or donor desires to continue the project, the agreement shall be subject to renewal.
  (3) A donation schedule, if applicable, shall be outlined in the agreement.
(g) Modification/termination of agreement. The agreement as cited in subsection (f) of this section may be modified in any manner at the sole discretion of the department.
  (1) If the project is not installed within one year, the agreement becomes void.
  (2) If the local government or donor fail to maintain the project according to the schedule outlined in the agreement, the project will be subject to removal at the department's discretion.

Source Note: The provisions of this §12.7 adopted to be effective December 8, 2011, 36 TexReg 8243; amended to be effective April 16, 2014, 39 TexReg 2958