(a) Policy. The department may authorize the closure of a segment of the state highway system for no more than seven consecutive days if such action serves a public purpose and is consistent with the safety and convenience of the traveling public. This section prescribes the policies and conditions by which an individual, private entity, or governmental entity may obtain such approval.

(b) Request.

(1) Who may submit. (A) Unincorporated area. Any individual, private entity, or governmental entity may submit a request for approval of a closure in an unincorporated area. (B) Incorporated area. Only a municipality may submit a request for approval of a closure in an incorporated area. Any individual, private entity, or other governmental entity desiring a closure must ask the municipality to submit a request to the district engineer.

(2) Content of request. A request for approval of a closure must be submitted in writing to the district engineer of the district where the closure is to occur and must include the following information: (A) a physical description of the limits of the event, including county names and highway numbers, the number of lanes the highway has, and the number of lanes to be used, and a map showing the location of the event; (B) the proposed schedule of start and stop times, and dates at each location; (C) a brief description of the proposed activities involved, including the: (i) approximate number of people; (ii) number and type of animals; and (iii) number and types of equipment; (D) a traffic control plan which incorporates the requirements of this subchapter; and (E) an explanation of the public purpose to be served by the event.

(3) When submitted. A request for a closure must be submitted at least 30 days prior to the date of the proposed event, unless an exception is approved by the district engineer and the notice is adequate for the requestor and the department to coordinate as required by this subchapter.

(c) Requirements of the traffic control plan.

(1) The traffic control plan shall be in accordance with the latest edition of the TMUTCD.

(2) The traffic control plan shall clearly define in text or text with a supporting drawing the phases necessary for all traffic control devices and any other pertinent items that define how vehicles and pedestrians will be controlled during the individual phases of the operation.

(3) The district engineer may require that other details be shown on the traffic control plan depending on the complexity of the closure.

(4) The district engineer may require any traffic control plan of sufficient complexity to be signed, sealed, and dated by a registered professional engineer.

(5) The district engineer may waive the requirement for the submission of a traffic control plan if: (A) the proposed closure requires only traffic control utilizing law enforcement personnel and law enforcement vehicles; and (B) in the opinion of the district engineer, public safety is not in question due to low approach speeds and good sight distances or other specific conditions.

(d) Approval. The district engineer will approve a closure if he or she determines that:

(1) the event requiring the closure serves a public purpose;

(2) the requestor has designed a satisfactory traffic control plan, if required, to protect both motorists and all participants and spectators, and the plan will not substantially inconvenience the traveling public;

(3) the event itself will not impair the safety of the traveling public;

(4) the convenience of abutting property owners and residents is adequately protected, and adequate access for such persons to their property is assured;

(5) the closure does not conflict with scheduled maintenance or construction activities;

(6) the event will not cause substantial negative impacts to the environment, including landscape or historic features;

(7) there will be appropriate passage allowance for emergency vehicle travel; and

(8) the requestor or organization that is involved has not failed to follow a traffic control plan within the last three years.

(e) Written agreement. If the district engineer approves the proposed closure, the requestor, which will be considered the local government if the closure is in an incorporated area, must enter into a written agreement with the department, in a form prescribed by the department, prior to the closure. The agreement will contain terms and conditions the department deems necessary to protect the public safety including, but not limited to:

(1) the physical description of the limits of the event, including county names and highway numbers;

(2) the proposed schedule of start and stop times, and dates at each location;

(3) a description of the proposed activities involved, including the: (A) approximate number of people; (B) number and type of animals; (C) number and types of equipment; and (D) description of any planned physical modification of any man-made or natural features in or adjacent to the right of way;

(4) the traffic control plan (if required);

(5) a statement that this event serves a public purpose;

(6) a statement that the requestor shall assume all costs associated with the event;

(7) a traffic enforcement plan, including a letter from the law enforcement agency that will be providing the traffic control for the event;

(8) assurance that there will be appropriate passage allowance for emergency vehicle travel;

(9) a statement that the requestor will avoid or minimize impacts, and will, at its own expense, restore or repair damage occurring outside the right of way and restore or repair the right of way, including, but not limited to, roadway and drainage structures, signs, overhead signs, pavement markings, traffic signals, power poles, pavement, etc., to a condition equal to that existing before the closure, and restore the natural and cultural environment in accordance with federal and state law, including landscape features;

(10) a statement that: (A) the requestor shall indemnify and save harmless the state, its officers, employees, agents, and contractors from claims and liabilities due to the activities of the requestor; or (B) the local government acknowledges its responsibilities for the acts and omissions of its officers, employees, agents, and contractors, to the extent permitted by applicable law, if the requestor is a local government that is unable to provide indemnification;

(11) evidence that the requestor has obtained adequate insurance naming the department as a coinsured by the requestor or responsible party in an amount and form acceptable to the department for the payment of any damages which may occur during the time period of encroachment and to save the state harmless;

(12) a statement that the requestor must abide by all applicable federal, state, and local environmental laws, regulations, ordinances, and any conditions or restrictions required by the department to protect the natural environment and cultural resources on the right of way;

(13) a statement that any temporary traffic control devices used on state highway right of way under the terms of the agreement must be devices included in the department's Compliant Work Zone Traffic Control Device List;

(14) a statement that the department reserves the right to inspect the implementation of the traffic control plan and if the traffic control is found to be inadequate, the responsible party will bring the traffic control into compliance with the originally submitted plan, upon written notice from the department noting the required changes, prior to the event;

(15) a statement that the department may request changes to the traffic control plan in order to ensure public safety due to changing or unforeseen circumstances regarding the closure;

(16) a statement that the appropriate law enforcement agency: (A) has reviewed traffic control for the event and that the agency believes them to be adequate; or (B) is unsure as to the adequacy of traffic control and that it will contact the appropriate district for consultation no less than 10 workdays prior to the event;

(17) a statement that the requestor will complete all revisions to the traffic control plan as requested by the district engineer within the required timeframe or that the agreement will be terminated upon written notice from the district engineer to the requestor; and

(18) a statement that any failure to cooperate with the department may constitute reckless endangerment of the public and that the DPS may be notified of the situation as soon as possible for appropriate action, and not following the traffic control plan or department instructions may result in a denial of future use of the right of way for three years.

(f) Multi-year agreements.

(1) The department may enter into a multi-year agreement with a requestor for events that occur annually and do not substantially change from year to year.

(2) The maximum duration for such an agreement is five years.

(3) An amendment to the agreement may be signed by the district engineer and the requestor if unexpected changes to the event occur.

(4) The requestor must submit proof of insurance annually to the department at least 14 workdays prior to the proposed event.

(5) The department may terminate a multi-year agreement at any time during the duration of the agreement if the district engineer believes termination to be in the best interest of the traveling public.

(g) Exceptions.

(1) General. Closures necessary for emergency traffic control and maintenance activities pursuant to a municipal maintenance agreement do not require prior department approval.

(2) Film and video productions. Requests for approval of film and video productions must be submitted in accordance with §22.13 of this subchapter (relating to Film and Video Productions).

(3) Bicycle races. A competitive bicycle race that does not involve the complete restriction of vehicular traffic in one or both directions such that a detour is required is not subject to approval by the department, if the sponsoring organization has obtained the approval of the appropriate local law enforcement agency or agencies in accordance with Transportation Code, §551.105.

(4) Routine traffic control. A closure involving routine traffic control may not require department approval, provided that the closure is in an incorporated area and does not take place on a controlled access highway but does take place on an arterial roadway. The district engineer shall be notified by law enforcement by facsimile seven workdays before the routine traffic control event occurs or 10 workdays before the event if notified by letter. This notification must have sufficient detail to allow the general evaluation of the event with regard to the safety and operation of the highway. If the department requires additional traffic control measures, the law enforcement agency will be notified by phone as well as by facsimile or letter of the extra requirements, and if a formal written agreement will be required.

(h) Disapproval. If a district engineer disapproves a request for approval of a closure, he or she will provide written notice describing the basis for the determination.

(i) Appeal. A requestor may appeal a district engineer's disapproval to the department's assistant executive director for engineering operations by submitting to that official by mail or facsimile the information provided to the district engineer.

Source Note: The provisions of this §22.12 adopted to be effective March 1, 1995, 20 TexReg 963; amended to be effective February 17, 2005, 30 TexReg 728