Section 2.3 - Applicability; Exceptions(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.43 Tex. Admin. Code § 2.3
The provisions of this §2.3 adopted to be effective April 16, 2012, 37 TexReg 1727; Amended by Texas Register, Volume 41, Number 29, July 15, 2016, TexReg 5242, eff. 7/20/2016; Amended by Texas Register, Volume 45, Number 07, February 14, 2020, TexReg 1040, eff. 2/19/2020