The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Antiquities permit--A permit issued by THC in order
to regulate the taking, alteration, damage, exhumation, destruction,
salvage, archeological survey, testing, excavation and study of State
Antiquities Landmarks including prehistoric, historic and underwater
archeological sites, and the preservation, rehabilitation, restoration,
reconstruction, architectural investigation, hazard abatement, relocation,
demolition, or new construction related to historic structures and
buildings designated as a State Antiquities Landmark).
(2) Area of potential effects (APE)--The geographic
space or spaces within which a project may cause changes in the character
or use of historic properties, if any such properties exist.
(A) The area of potential effects for archeological
properties will be confined to the limits of the proposed project
right of way (including permanent and temporary easements), utility
relocations designated by TxDOT, and project-specific locations designated
by TxDOT. The area of potential effects also extends to the depth
of impacts caused by the undertaking.
(B) The area of potential effects for non-archeological
historic properties will be confined to the limits of the proposed
project right of way (including permanent and temporary easements),
utility relocations designated by TxDOT, and project-specific locations
designated by TxDOT.
(3) Cultural resources--A general term referring to
cemeteries; buildings; structures; objects; archeological sites, including
shipwrecks; and districts more than 50 years of age with the potential
to have significance in local, state, or national history.
(4) Effect--Alteration to the characteristics of a
historic property qualifying it for formal designation as a State
(5) Eligibility--A property's eligibility for designation
as a State Antiquities Landmark, as set forth in 13 TAC Chapter 26
(relating to Practice and Procedure).
(6) Emergency permit--A permit that may be used by
TxDOT under certain emergency circumstances for the purposes of performing
investigations prior to formal application for an antiquities permit.
(7) Historic property--Any prehistoric or historic
district, site, building, structure, or object that meets the requirements
for designation as a State Antiquities Landmark as set forth in 13
TAC Chapter 26 (relating to Practice and Procedure).
(8) Minor widening--Roadway projects resulting in pavement
profile widened to less than double their original width, resulting
from adding travel/center-turn lanes or paved shoulders.
(9) Project-specific location--The location of specific
material sources (e.g., base material, borrow and sand pits) and other
sites used by a construction contractor for a specific project.
(10) State Antiquities Landmarks (SAL)--Both Archeological
and Non-archeological historic properties that are designated as landmarks
as defined in Subchapter D of the Antiquities Code of Texas (Natural
Resources Code, Chapter 191), or treated as landmarks under the interim
protection described in §26.8(d) of 13 TAC Chapter 26 (relating
to Designation Procedures for Publicly Owned Landmarks), and identified
in accordance with 13 TAC Chapter 26 (relating to Practice and Procedure).
(11) THC--Texas Historical Commission.
(12) Transportation project--A project to construct,
maintain or improve a highway, rest area, toll facility, aviation
facility, public transportation facility, rail facility, ferry, or
ferry landing. A transportation enhancement project funded under 23
USC 133(h) is also a transportation project.
(13) TxDOT--Texas Department of Transportation.