The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
(1) Affected local government--The governing body of
a county or municipality in which a project is located.
(2) Best management practices--Practices that are determined
to be the most efficient, practical, and cost effective measures to
guide a particular activity or address a particular problem.
(3) Bicycle lane--A portion of a roadway that is designated
by striping, signing, or pavement markings for the exclusive use of
(4) CE (Categorical Exclusion)--Is covered by §2.81
of this chapter (relating to Categorical Exclusions).
(5) Commission--The Texas Transportation Commission.
(6) DEIS (Draft Environmental Impact Statement)--Is
covered by §2.84 of this chapter (relating to Environmental Impact
(7) Department--The Texas Department of Transportation.
(8) Disposal plan--An operationally suitable method
for the placement of dredged material that avoids or minimizes adverse
(9) District--One of the 25 geographical districts
into which the department is divided.
(10) Division--One of the department's divisions listed
on the department's organizational chart.
(11) EA (Environmental Assessment)--Is covered by §2.83
of this chapter (relating to Environmental Assessments).
(12) EIS (Environmental Impact Statement)--Is covered
by §2.84 of this chapter.
(13) Environmental Affairs Division--The Environmental
Affairs Division of the department.
(14) Environmental report--A report, form, checklist,
or other documentation analyzing an environmental issue in the context
of a specific transportation project or presenting a thorough summary
of an environmental study conducted in support of an environmental
review document, or demonstrating compliance with a specific environmental
requirement. The term does not include a permit or other approval
outside the scope of the environmental review process. The term also
does not include an environmental issues checklist prepared to demonstrate
a CE determination or a checklist used to perform a reevaluation of
(15) Environmental review document--An environmental
assessment, an environmental impact statement, a documented reevaluation,
a supplemental environmental impact statement, or, for an FHWA transportation
project, a document prepared to demonstrate that it qualifies as a
categorical exclusion when FHWA requires a narrative document as opposed
to a checklist. An environmental review document includes any attached
(16) FEIS (Final Environmental Impact Statement)--Is
covered by §2.84 of this chapter.
(17) FHWA--The United States Department of Transportation
Federal Highway Administration.
(18) FHWA transportation project--A transportation
project for which:
(A) FHWA's approval is required by law to comply with
NEPA, FHWA is the lead federal agency, and FHWA agrees the department
may act as the joint lead agency under 23 Code of Federal Regulations §771.109;
(B) FHWA has assigned its environmental review responsibilities
under NEPA or other federal environmental laws to the department pursuant
to a memorandum of understanding.
(19) FONSI (Finding of No Significant Impact)--Is covered
by §2.83 of this chapter.
(20) Highway project--A project that is:
(A) for the construction or maintenance of a highway
or related improvement on the state highway system; or
(B) for the construction or maintenance of a highway
or related improvement not on the state highway system but that is
funded wholly or partly with federal money.
(21) NEPA--The National Environmental Policy Act, codified
at 42 United States Code §§4321, et seq.
(22) NOI (Notice of Intent)--Is covered by §2.102
of this chapter (relating to Notice of Intent (NOI)).
(23) ROD (Record of Decision)--Is covered by 2.84 of
(24) SEIS (Supplemental Environmental Impact Statement)--Is
covered by §2.86 of this chapter (relating to Supplemental Environmental
(25) Significant--As used in reference to the significance
of the impact of a project, has the meaning as that term is used and
has been interpreted under NEPA and its related regulations, including
40 Code of Federal Regulations §1508.27.
(26) State highway system--The system of highways designated
by the commission under Transportation Code, §203.002.
(27) State transportation project--A transportation
project that is not subject to NEPA.
(28) Toll project--Has the meaning assigned by Transportation
(29) Transportation project--A project to construct,
maintain or improve a highway, rest area, toll facility, aviation
facility, public transportation facility, rail facility, ferry, or
|Source Note: The provisions of this §2.5 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987