| (a) Except as provided in subsection (b) of this section,
this subchapter generally applies to:
(1) a transportation project for which an environmental
review is being or will be performed under this chapter; or
(2) any other type of project coordinated by TxDOT
in compliance with the requirements of this section.
(b) Work in TxDOT right-of-way that is not associated
with a project for which TxDOT is the project sponsor under 43 TAC
§2.7 of this chapter (relating to Project Sponsor) is the responsibility
of the project sponsor and not of TxDOT (see Natural Resources Code,
§191.0525). The project sponsor is responsible for coordinating
directly with THC for such work. Examples of projects that will be
coordinated by the non-TxDOT project sponsor directly with THC include
but are not limited to:
(1) on-system highway projects funded entirely with
local funds;
(2) utility relocations or installations within TxDOT
right-of-way sponsored by other entities; and
(3) driveway and access connections sponsored by other
entities.
(c) TxDOT transportation projects may be coordinated
with THC outside the terms of this MOU with notification of THC.
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