Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
Subchapter A - GENERAL PROVISIONS
Section 2.3 - Applicability; Exceptions

Universal Citation: 43 TX Admin Code § 2.3

Current through Reg. 50, No. 13; March 28, 2025

(a) Application of chapter. This chapter prescribes the environmental review and public participation requirements for:

(1) an FHWA transportation project; or

(2) any portion of a state transportation project that will take place on the state highway system or other real property owned by the department.

(b) Compliance with rules of federal transportation agency other than FHWA. For transportation projects conducted or supported by a federal transportation agency other than FHWA, and for transportation projects conducted or supported by multiple federal transportation agencies and for which FHWA is not the lead federal agency, the department delegate and project sponsor will comply with the environmental review rules of the lead federal agency, and not the rules in this chapter.

(c) Excepted activities. For the purposes of this chapter:

(1) a contractor activity that is not directed or directly controlled by the department and that is in an area outside of the right-of-way, including a staging area, disposal site, equipment storage site, or borrow site selected by a contractor, is not part of a transportation project; and

(2) the relocation of an individual, family, business, farm operation, nonprofit organization, or utility to a location outside of the right-of-way is not part of a transportation project.

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