| (a) Application of chapter. This chapter prescribes
the environmental review and public participation requirements for:
(1) an FHWA transportation project; or
(2) any portion of a state transportation project that
will take place on the state highway system or other real property
owned by the department.
(b) Compliance with rules of federal transportation
agency other than FHWA. For transportation projects conducted or supported
by a federal transportation agency other than FHWA, and for transportation
projects conducted or supported by multiple federal transportation
agencies and for which FHWA is not the lead federal agency, the department
delegate and project sponsor will comply with the environmental review
rules of the lead federal agency, and not the rules in this chapter.
(c) Excepted activities. For the purposes of this chapter:
(1) a contractor activity that is not directed or directly
controlled by the department and that is in an area outside of the
right-of-way, including a staging area, disposal site, equipment storage
site, or borrow site selected by a contractor, is not part of a transportation
project; and
(2) the relocation of an individual, family, business,
farm operation, nonprofit organization, or utility to a location outside
of the right-of-way is not part of a transportation project.
|
| Source Note: The provisions of this §2.3 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective February 19, 2020, 45 TexReg 1040 |
