Section 2.202 - DefinitionsThe following words and terms, when used in this subchapter, or in documents prepared by TxDOT or TPWD pursuant to this subchapter, have the following meanings.
(1) Best or Beneficial Management Practices (BMPs)--Measures provided by TPWD that will result in avoidance and minimization of potential impacts to natural resources.(2) Categorical Exclusion (CE)--A category of actions that have been found to have no significant effect on the environment, individually or cumulatively, and are excluded from the requirement to prepare an Environmental Assessment or Environmental Impact Statement as defined in § 2.81 of this chapter (relating to Categorical Exclusions).(3) Environmental Assessment (EA)--Environmental documentation required for a transportation project that TxDOT has not classified as a categorical exclusion and that does not clearly require the preparation of an EIS, or if TxDOT believes that an EA would assist in determining the need for an EIS, as defined in § 2.83 of this chapter (relating to Environmental Assessments).(4) Environmental decision--The official record created after coordination, analysis, and reviews are completed concluding that an action and its environmental impacts have been adequately identified and assessed. A Finding of No Significant Impact (FONSI) is the environmental decision document for an EA and a Record of Decision (ROD) is the environmental decision document for an EIS.(5) Environmental Impact Statement (EIS)--Environmental documentation required for a transportation project if there are likely to be significant environmental impacts, as defined in § 2.84 of this chapter (relating to Environmental Impact Statements).(6) Interagency Team (IAT)--As defined in § 2.206 of this subchapter (relating to Interagency Team), TPWD and TxDOT staff identified to communicate on behalf of TPWD and TxDOT to carry out the MOU.(7) Qualified biologist--A qualified biologist must have, at a minimum, a successful completion of a full 4-year course of study in an accredited college or university leading to a bachelor's or higher degree with a major in biological sciences, natural resource management, wildlife science or management, ecology, zoology, botany, conservation biology, or a closely related field and have experience relevant to the species, habitat, or ecosystems that are being studied or described.(8) Reevaluation--The review and determination of the validity of the environmental decision under certain circumstances involving changes or delays subsequent to the environmental decision as defined in § 2.85 of this chapter (relating to Reevaluations).(9) Riparian habitat--The area of interface between land and a waterway (e.g., river or stream). River- or creek-dependent habitats which rely on periodic flooding or flushing, sub-irrigated substrates, and other influences of the ephemeral or perennial rivers or creeks to which they are adjacent, including floodplains, wet woodlands, gallery riverine forests, oxbows, swamps, and vegetated islands.(10) Texas Natural Diversity Database (TXNDD)--A TPWD-owned and maintained database of natural resource records, including species of greatest conservation need (SGCN) and other tracked species, important remnant native vegetation, and other features of Texas natural history.(11) TPWD--Texas Parks and Wildlife Department.(12) TPWD Transportation Staff--The qualified biologist at TPWD that is assigned to work solely on transportation projects and related matters.(13) TxDOT--Texas Department of Transportation.43 Tex. Admin. Code § 2.202
The provisions of this §2.201 adopted to be effective September 1, 2013, 38 TexReg 3814; Adopted by Texas Register, Volume 46, Number 29, July 16, 2021, TexReg 4377, eff. 7/20/2021