(a) The public use of specified areas beneath overhead structures or certain other areas of right of way will be considered by the department when local governmental authorities or other state or federal agencies indicate a willingness to cooperate in the development of the same. Each proposed instance of joint use will be considered on its individual merits and the respective responsibilities of the department and other parties involved shall be fixed by agreement.
(b) Department approval for the joint use of highway right of way may be given only when it is considered to be in the public's interest and it has been determined from engineering and traffic investigations that it would not damage the highway facilities, impair safety, impede highway maintenance, or in any way restrict the operation of the freeway or highway facility.

Source Note: The provisions of this §29.4 adopted to be effective November 21, 1999, 24 TexReg 10145