|(a) Purpose. Transportation Code, §621.301, provides that
a county may establish load limits for any county road or bridge only with
the concurrence of the department. This section prescribes the policies and
procedures governing department concurrence with a proposed county load limit.
(b) Definitions. The following words and terms, when used in
this section, will have the following meanings, unless the context clearly
(1) Calculations--Computations of the load limit of a road
or bridge in accordance with accepted engineering principles.
(2) Department--The Texas Department of Transportation.
(3) District engineer--The chief administrative officer of
a district in which the county resides.
(4) Engineer--A person who is licensed by the Texas Board of
Professional Engineers to engage in the practice of engineering in this state.
(5) Executive director--The executive director of the department
or the executive director's designee not below the level of deputy executive
(6) Load limits--Maximum loads a road or bridge can safely
(c) Load limit for a bridge pursuant to department inspection.
If the department inspects a county bridge and notifies the commissioners
court that the bridge qualifies for a lower load limit under 23 C.F.R. Part
650, Subpart C, a load limit established consistent with the department's
notification is deemed to have the department's concurrence. The department's
notification shall serve as evidence of concurrence.
(d) County revision to load limit.
(A) If a county determines that the load limit of a county
bridge should be different than the load limit supported by a department inspection,
the county shall submit the proposed load limit to the district engineer.
(B) If a county determines that the load limit of a county
road should be changed, the county shall submit the proposed change in load
limit to the district engineer.
(2) Required documentation. A request for a load limit shall
be accompanied by supporting documentation that is sealed by an engineer and
that includes at a minimum:
(A) calculations supporting the proposed limit;
(B) for a bridge, a structural evaluation report documenting
the condition; and
(C) for a road, a full-depth pavement structural analysis and
a pavement visual distress condition evaluation.
(A) The district engineer will concur with the proposed load
limit if the district engineer determines that the submitted documentation
and calculations are based on accepted engineering principles.
(B) The district engineer will, in writing, concur or not concur
within 30 calendar days.
(C) If the department does not indicate concurrence or nonconcurrence
in writing within 30 calendar days of receipt by the department of a request
that included all required documentation, the proposed load limit shall be
deemed concurred with by the department. The department may review the load
limit and withdraw this concurrence at any time by providing written notification
to the county.
(4) Appeal. A county may appeal the decision of the district
engineer by submitting a written request, along with the required documentation,
to the executive director. The executive director will review the request
and determine if department concurrence will be granted. The executive director's
decision is final.