1. (a) Applicability.

   1. (1) This section applies to a transportation project designated by the department as a CE under the section. A CE is a project or associated facilities that do not individually or cumulatively have a significant environmental impact.
   2. (2) This section does not apply to the purchase of an option to acquire real property, or to the exercise of an option or other early and advance acquisition of land. The required environmental review for these transactions is specified in §2.17 of this chapter (relating to Special Right-of-Way Acquisition).

2. (b) Restrictions on designation.

   1. (1) A CE action directly, indirectly, or cumulatively, shall not:

      1. (A) induce significant impacts to planned growth or land use for the area;
      2. (B) cause any significant environmental impacts to any natural, cultural, recreational, historic, or other resource;
      3. (C) cause any significant impacts to air, noise, or water quality;
      4. (D) relocate significant numbers of people; or
      5. (E) cause significant impacts on travel patterns.

   2. (2) The CE action shall not involve unusual circumstances or lead to:

      1. (A) significant environmental impacts;
      2. (B) substantial controversy on environmental grounds;
      3. (C) significant impact on properties protected under §4(f) of the Department of Transportation Act, (49 United States Code §303) or §106 of the National Historic Preservation Act, (16 United States Code §470f); or
      4. (D) inconsistencies with any appropriate federal or state laws, requirements, or administrative determinations relating to the environmental aspects of the action.

3. (c) Blanket CE.

   1. (1) The department may determine that a project be processed as a blanket CE, based on department experience that a project is similar to other projects that did not involve significant environmental impacts.

   2. (2) Examples of a blanket CE include:

      1. (A) an action that does not involve or lead directly to construction, such as planning and technical studies, grants or training and research programs, engineering feasibility studies that either define the elements of a proposed highway improvement project or identify alternatives, so that social, economic, and environmental effects can be assessed for potential impact;
      2. (B) construction of bicycle and pedestrian lanes, paths, and facilities consisting of work on an existing road, path, or lane and completely within the footprint of the existing sub-grade course;
      3. (C) activities included in the state's "Highway Safety Plan" as required by 23 United States Code §402;
      4. (D) landscaping;
      5. (E) installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices if no substantial land acquisition or traffic disruption will occur;
      6. (F) emergency repairs as defined in 23 United States Code §125;
      7. (G) acquisition of scenic easements;
      8. (H) minor improvements to existing rest areas and truck weigh stations;
      9. (I) ridesharing activities;
      10. (J) alterations to facilities or vehicles in order to make them accessible for elderly and disabled persons;
      11. (K) improvements, regular maintenance, and emergency repairs to existing mechanical, electromechanical, hydraulic, electronic, and manned toll collection facilities;
      12. (L) minor expansion of toll plazas and approach aprons;
      13. (M) renovation or rehabilitation of airport runways where no additional right of way is required, and where existing rights of way have been previously disturbed;
      14. (N) renovation or rehabilitation of airport facilities where no additional right of way is required, and where existing rights of way have been previously disturbed;
      15. (O) installation or upgrading of airfield lighting systems, including runway end identification lights, visual approach aids, beacons, and electrical distribution systems;
      16. (P) installation of miscellaneous items at airports, including segmented circles, wind or landing direction indicators or measuring devices, or fencing;
      17. (Q) grading or removal of obstructions on airport property and erosion control actions with no off-airport impacts;
      18. (R) noise compatibility programs for airports;
      19. (S) track and railbed maintenance improvements carried out within existing right of way;
      20. (T) projects consisting of work classified as a seal coat, overlay, resurfacing, rehabilitation, or restoration done within existing right of way on an existing road completely within the footprint of existing subgrade course;
      21. (U) highway traffic operation improvements including the installation of ramp metering control devices and lighting;
      22. (V) approval for disposal of excess right of way or for joint or limited use of right of way, if the proposed use does not have significant adverse impacts;
      23. (W) installation of noise barriers or alterations to existing publicly owned buildings to provide for noise reduction;
      24. (X) installation of infrastructure and systems to support intelligent transportation systems; and
      25. (Y) utility installations along or across a transportation corridor.
   3. (3) Before a project is approved as a blanket CE the district shall visit the project area and confirm that there are no environmental issues, or that the environmental issues are not significant, and obtain any required permits and approvals. The district shall determine if coordination is required under state or federal law, including the Endangered Species Act, National Historic Preservation Act, Texas Antiquities Code, Clean Water Act, and the Rivers and Harbors Act. If the district identifies environmental issues the project may not be approved as a blanket CE. A project that uses property protected under §4(f) of the Department of Transportation Act, (49 United States Code §303) or §106 of the National Historic Preservation Act, (16 United States Code §470f), or uses public land designated and used as a park, recreation area, wildlife refuge, historic site, or scientific area under Parks and Wildlife Code, §26.002, may not be approved as a blanket CE.
   4. (4) The environmental division may determine that the division shall approve a type of project as a blanket CE, including projects listed in paragraph (2) of this subsection. Unless the environmental division has directed it shall approve a type of project as a blanket CE, a district may review and approve a blanket CE.

4. (d) Additional projects that are a CE.

   1. (1) A project may meet the criteria for a CE and be approved under the procedure in this subsection. A project approved under this subsection shall not violate the restrictions in subsection (b) of this section.

   2. (2) Examples of a CE under this subsection include:

      1. (A) modernization of a highway outside of the existing sub-grade by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes such as parking, weaving, turning, or climbing and passing, and correction of substandard curves and intersections;
      2. (B) highway safety or traffic operation improvement projects including the installation of ramp metering control devices and lighting;
      3. (C) bridge rehabilitation, reconstruction, or replacement, or the construction of grade separation to replace existing at-grade railroad crossings;
      4. (D) addition of travel lanes or any added capacity on an existing highway using only existing right of way, after public involvement;
      5. (E) transportation corridor fringe parking facilities;
      6. (F) construction of new truck weigh stations or rest areas;
      7. (G) approvals for changes in access control, with appropriate public involvement;
      8. (H) rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities if only minor amounts of additional land are required and there is not a substantial increase in the number of users;
      9. (I) construction of bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks, and related street improvements) located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic;
      10. (J) construction of rail storage, maintenance, or inspection facilities in areas used predominantly for industrial or transportation purposes if the construction is not inconsistent with existing zoning and if there is no significant noise impact on the surrounding community;
      11. (K) construction of new or expanded bicycle and pedestrian lanes, paths, and facilities, except a project that is a blanket CE under subsection (c) of this section; and
      12. (L) runway extensions requiring minor amounts of additional rights of way, and expansion of airport facilities requiring minor amounts of additional rights of way.
   3. (3) A project may be designated as a CE under this subsection only after environmental division approval. The district shall submit documentation showing that the specific conditions or criteria for a CE are satisfied and that significant environmental effects will not result. The district shall submit a descriptive letter, an environmental issues check list, or a brief environmental evaluation. The documentation must show the project does not violate the criteria in subsection (b) of this section. The documentation must show that significant environmental impacts will not result based on the results of an evaluation of the project, and any coordination with resource agencies. All EPICs shall be summarized in the documentation. The EPICs that will be performed during construction shall be included in the plans, specifications, and estimates.
5. (e) The district and the environmental division shall retain documentation in the project file showing a project meets the CE criteria.

Source Note:The provisions of this §2.10 adopted to be effective January 4, 2007, 31 TexReg 10817.