Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
Subchapter G - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT
Section 2.204 - Coordination and Communication
Current through Reg. 50, No. 13; March 28, 2025
(a) For projects requiring an EA or EIS, TxDOT will contact TPWD when TxDOT has completed its analysis of potential impacts to fish, wildlife, and other natural resources. To facilitate collaborative review, TxDOT will provide access to TxDOT's Environmental Compliance Oversight System (ECOS).
(b) TxDOT will post on the Environmental Compliance Toolkit webpage the set of BMPs as recommended by TPWD. This set of BMPs is non-project specific. The application of specific BMPs to individual projects will be determined by TxDOT at its discretion.
(c) TxDOT will indicate in the draft EA or draft EIS the TPWD-recommended BMPs that will be applied to the project. TxDOT may also include information shared by TPWD during collaborative review.
(d) To ensure TxDOT will benefit from any recommendations or information provided by TPWD early in the environmental review process, TxDOT will follow the procedure indicated below.
(e) If TPWD has any information or recommendations to conserve fish and wildlife species and other natural resources it wishes to provide to TxDOT in response to a request for comments, TPWD will provide them in writing to TxDOT within 45 days of the date on which TxDOT submitted the request for comments by email.
(f) If TPWD provides any recommendations or information regarding fish and wildlife to TxDOT after the 45-day deadline specified in subsection (e) of this section, then TxDOT will consider such recommendations or information to the extent practicable.
(g) TxDOT will respond as outlined in Parks and Wildlife Code § 12.0011(c).
(h) Electronic communication will be used to the maximum extent practical.