Section 2.203 - Applicability(a) TxDOT will coordinate with TPWD on federal and state transportation projects that require an EA or EIS.(b) TxDOT may coordinate other projects that do not require an EA or EIS with TPWD at TxDOT's discretion.(c) If TxDOT prepares a reevaluation for a transportation project that was previously coordinated with TPWD under the 2013 MOU, TxDOT will coordinate the reevaluation with TPWD when any of the following apply:(1) New impacts not included in previous coordination or increase in impacts from previous coordination to terrestrial and aquatic state-listed species or their habitat as determined by a qualified biologist or rare plant communities with a record in the TXNDD or any state rank or rank range that includes a 1, 2, or 3.(2) New or increased impacts to riparian habitat or water resources.(3) Change to commitments made during previous coordination, including BMPs.(4) Reevaluations of CE level projects with new or increased impacts may be re-coordinated at TxDOT's discretion.(d) This subchapter does not apply to individual maintenance projects for which a programmatic environmental review is conducted under § 2.133 of this chapter (relating to Maintenance Projects and Programs).43 Tex. Admin. Code § 2.203
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