(a) Except as provided in subsection (b) of this section, this subchapter applies to:
- (1) a state transportation project or Federal Highway Administration (FHWA) transportation project conducted by the Texas Department of Transportation (TxDOT);
- (2) a state transportation project or FHWA transportation project of a private or public entity that is funded in whole or in part by TxDOT;
- (3) a state transportation project or FHWA transportation project of a private or public entity that requires Texas Transportation Commission or TxDOT approval;
- (4) a maintenance program for which a programmatic environmental review is conducted under §2.133 of this chapter (relating to Maintenance Projects and Programs); or
- (5) any other type of project coordinated at TxDOT's request.
- (b) This subchapter does not apply to individual maintenance projects for which a programmatic environmental review is conducted under §2.133 of this chapter.
- (c) For transportation projects for which TxDOT allows a local government to be the project sponsor under §2.47 of this chapter (relating to Approval of Local Government as Project Sponsor), the local government project sponsor may use the procedures specified in this MOU to coordinate directly with TPWD, subject to TPWD approval on a case-by-case basis.
Source Note:The provisions of this §2.202 adopted to be effective September 1, 2013, 38 TexReg 3814.