(a) Type of construction. Longitudinal lines on the right of way shall be limited to single pole construction on each side of the right of way, unless otherwise authorized by the district. Where an existing or proposed utility facility is supported by "H" frames, the same type structures may be utilized for the crossing provided all other requirements of this subchapter are met.
(b) Vertical clearance. The minimum vertical clearance above the highway at the largest vertical sag of the line is 22 feet for electric lines, and 18 feet for communication and cable television lines. The minimum vertical clearance for longitudinal lines on the right of way at the largest vertical sag of the line is 22 feet for electric lines, and 18 feet for communication lines. These clearances may be greater, as required by the National Electric Safety Code and governing laws.
(c) Horizontal clearances. Horizontal clearances or clear zones must conform to the department's publication, Roadway Design Manual. Clear zone requirements may vary based on speed limit, functional classification of the highway, location of the highway, and average daily traffic.
(d) Location.
  (1) Poles supporting longitudinal lines shall be located within three feet of the right of way line, except that, at the option of the department, this distance may be varied at short breaks in the right of way line. Pole and guy wire installations may not encroach on current American Disabilities Act (ADA) clearances. Poles with widths measured at the widest part of the pole base that are greater than 36 inches in diameter may not be placed within the department's right of way. For overhead crossings at intersections, bridges, or large drainage structures that require greater vertical clearances or longer spans, the pole width measured at the widest part of the pole base may not be greater than 42 inches. Guy wires placed within the right of way shall be held to a minimum and be in line with the pole line. Other locations may be allowed, but in no case shall the guy wires or poles be located closer than the minimum allowed by the department's horizontal clearance policy, as shown in subsection (c) of this section.
  (2) Poles may not be placed in the center median of any highway. At the department's discretion, poles may be placed in the outer separations or more than three feet inside the right of way where the right of way is greater than 300 feet and where poles can be located in accordance with the department's horizontal clearance policy, as shown in subsection (c) of this section.
  (3) Overhead electric and communication line crossings at bridges or grade separation structures are prohibited. Overhead lines may not be located below any bridge structure. If rerouting the line completely around the structure and approaches is not feasible, a minimum horizontal distance of 150 feet from the bridge abutment joint and a minimum vertical clearance of 30 feet above crossing the highest point of the bridge pavement and retaining walls is required to ensure adequate safety for construction and maintenance operations.
  (4) Overhead electric lines crossing a highway must conform with §21.37(b)(4) of this subchapter (related to Design). This requirement applies only to new utility facility crossings.
  (5) Overhead electric and communication lines running longitudinal to the bridge or grade separation structures must maintain a clearance of 30 feet above the highest point of the bridge pavement or any retaining wall unless there is adequate horizontal clearance, as determined by the district, between the bridge or grade separation structure and the overhead electric or communication lines.
  (6) When installing overhead electric and communications lines at intersections, a utility shall follow the right of way offset, if applicable, as shown in Figure §21.41(d)(6). Overhead electric or communication lines must have a minimum of 10 feet clearance from any department structure.
Attached Graphic
  (7) Only one set of pole lines for all utilities will be permitted for longitudinal installation on each side of the right of way, unless the district, in its sole discretion, determines that one set of pole lines is impractical. Joint use of the pole lines is required, unless the district, in its sole discretion, determines that joint use of the pole lines is unsafe or impractical.
(e) Markers. Electric poles and communication lines must bear, in a format acceptable to the department, readily identifiable plaques or other approved markers denoting ownership and use, at a frequency of every other pole, as equally spaced as practicable, and at every crossing. Each company connecting to a pole shall appropriately identify its use of the pole. There shall be a beginning and end marker for each user of the pole line.

Source Note: The provisions of this §21.41 adopted to be effective March 17, 2005, 30 TexReg 1455; amended to be effective April 20, 2016, 41 TexReg 2777; amended to be effective October 12, 2022, 47 TexReg 6617