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RULE §2.270Projects Excluded from Review for Non-Archeological Historic Properties

(a) For the purposes of this section, the term historic properties will refer only to non-archeological historic properties.

(b) Based on previous coordination outcomes, TxDOT and THC agree that the following types of routine roadway projects pose limited potential to affect historic properties:

  (1) maintenance, repair, installation, or replacement, of transportation-related features, including fencing, signage, traffic signals, railroad warning devices, safety end treatments, cameras and intelligent highway system equipment, non-historic bridges, railroad crossings, lighting, curbs and gutters, safety barriers, ditches, storm drains, non-historic culverts, overpasses, channels, rip rap, and noise barriers;

  (2) maintenance and in-kind repair of designated historic bridges, picnic areas, rest areas, roadside parks, and, culverts;

  (3) maintenance, repair, or replacement of roadway surfacing, including crack seal, overlay, milling, grooving, resurfacing, and restriping;

  (4) maintenance, repair, reconfiguration, or correction of roadway geometrics, including intersection improvements and driveway and street connections;

  (5) maintenance, repair, installation or modification of pedestrian and cycling-related features, including American with Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian lanes unless they are on historic properties protected as SAL, county courthouse, or by preservation easement or covenant;

  (6) maintenance, repair, relocation, addition, or minor widening of roadway, highway, or freeway features, including turn bays, center turn lanes, shoulders, U-turn bays, right turn lanes, travel lanes, interchanges, medians, and ramps;

  (7) maintenance, repair, replacement, or relocation of features at crossings of irrigation canals, including bridges, new vehicle crossings, bank reshaping, pipeline and standpipe components, canal conversion to below-grade siphons, and utilities;

  (8) repairs needed as a result of an event, natural or man-made, which causes damage to a designated state highway, resulting in an imminent threat to life or property of the traveling public, or which substantially disrupts or may disrupt the orderly flow of traffic and commerce;

  (9) design changes for projects that have completed all applicable review and consultation where the new project elements comprise only one or more of the activities listed in this subsection; and

  (10) other kinds of undertakings jointly agreed to in writing by THC and TxDOT as not requiring review.

(c) For projects described in subsection (b) of this section, TxDOT qualified professional staff shall determine whether additional evaluation is required due to direct effects to historic properties. If no such evaluation is deemed necessary, such projects are determined to pose no effect on historic properties and do not require review by THC under 13 TAC Chapter 26 (relating to Practice and Procedure) or under this MOU.

(d) For review-exempt projects, documentation shall be limited to that maintained in TxDOT's project files. THC may audit TxDOT files for specific projects upon request.

Source Note: The provisions of this §2.270 adopted to be effective August 15, 2018, 43 TexReg 5237

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