| (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.
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