1. (a) Approval by the department of the use of public land from a significant publicly owned park, recreation area, or wildlife refuge, historic site, or scientific area, or any significant historic site shall be given only when:

   1. (1) there is no feasible or prudent alternative to the use of land from the property;
   2. (2) the state project includes all possible planning to minimize harm to the property resulting from such use, including mitigation measures;
   3. (3) supporting information demonstrates that there are unique problems or unusual factors involved in the use of alternatives that avoid these properties or that the cost, social, economic, and environmental impacts, or community disruption resulting from such alternatives reach extraordinary magnitudes; and
   4. (4) supporting information documents that officials having jurisdiction over a taking have no jurisdictional opposition to the taking and that the proposed mitigation is acceptable to such jurisdictions.
2. (b) State projects which fall under subsection (a) of this section will comply with all necessary environmental analysis, documentation, and interagency coordination as described in this subchapter.
3. (c) A public hearing should be held as described in §2.43(b)(2)(D) of this title (relating to Highway Construction Projects--State Funds) with appropriate notification.

Source Note:The provisions of this §2.49 adopted to be effective March 8, 1995, 20 TexReg 1339.