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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 2ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
SUBCHAPTER FREQUIREMENTS FOR SPECIFIC TYPES OF PROJECTS AND PROGRAMS
RULE §2.133Maintenance Projects and Programs

(a) Maintenance programs. This section applies to the following maintenance programs and the maintenance projects undertaken under them:

  (1) Bridge maintenance--Activities to repair or perform preventive maintenance on bridges, culverts, retaining walls, and barrier walls.

  (2) Customer service--Activities related to providing the traveling public with services, including maintaining rest areas, picnic areas, and litter barrels.

  (3) Debris and spills--Activities related to removing debris from the right of way, including litter, roadway debris, spills, and sweeping.

  (4) Drainage--Activities related to maintaining drainage systems and slopes on the right of way and within drainage easements, including roadside ditches, slopes, channels, creeks, streams, and rivers.

  (5) Ferry maintenance--The maintenance and operation of ferries under Transportation Code, §342.001.

  (6) Maintenance enhancement--Maintenance activities that improve the access to a highway or improve the performance of the highway system such as the installation of turn lanes, turnouts, turn-arounds, driveways, or shoulders.

  (7) Pavement maintenance--Activities to repair or perform preventive maintenance on pavements, including work performed on the pavement surface, base, sub-base, sub-grade, or embankment.

  (8) Roadside appurtenances--Activities related to fixtures along the roadways, including signs, delineators, mailboxes, guard rails, attenuators, illumination, and signals.

  (9) Traffic pavement markings--Activities related to markings on the pavement to control vehicular movement, including installing and removing striping, specialty markings, and pavement markings.

  (10) Vegetation management--Activities performed to establish and maintain the condition of the roadway and roadside on the state highway right of way, including mowing operations, pest management, revegetation techniques, erosion control, wildflower preservation and propagation, tree and brush trimming and removal, and the preservation of threatened and endangered plant species.

(b) Environmental review.

  (1) Programs. At least every ten years the department will conduct an environmental review following the requirements of this chapter for each of the maintenance programs listed in subsection (a) of this section.

  (2) Projects. Except as provided in the next succeeding sentence, no individual environmental review under this chapter will be required for maintenance projects undertaken under programs listed in subsection (a) of this section. An individual environmental review under this chapter will be required for a maintenance project that is conducted or supported by FHWA, unless FHWA has approved an environmental review of the program under which the project is conducted.


Source Note: The provisions of this §2.133 adopted to be effective April 16, 2012, 37 TexReg 1727

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