Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013 Page: 8,808
8721-8970 p. ; 28 cm.View a full description of this periodical.
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Code, Chapter 201, Subchapter I-1, regarding environmental
review of highway projects; Transportation Code, 222.006,
which requires the department to promulgate rules establishing
a process to certify department district environmental specialists
to work on all documents related to state and federal environ-
mental review processes; and Transportation Code, 203.022,
which requires the department to promulgate rules concerning
public participation during the environmental processing of
certain projects.
CROSS REFERENCE TO STATUTE
Transportation Code, 91.033, 91.034, 201.6035, 201.604,
201.606, 201.607, 201.610, 201.611, 201.617, 201.751 -
201.761, 201.762(b), 203.021, 203.022 and 222.006; Parks and
Wildlife Code, 26.001 and 26.002; and Natural Resources
Code, 183.057.
2.101. General Requirements.
(a) Guidelines. The department will publish guidelines that
identify a selection of outreach methods that project sponsors may
choose in collaboration with the department delegate to inform the pub-
lic and maximize participation in the public involvement process. Out-
reach methods may include posting information on a website, publish-
ing an additional notice in the newspaper, or use of changeable message
signs.
(b) Notification to interested parties. Each project sponsor
shall maintain a list of elected public officials, individuals, and affected
interest groups that have expressed an interest in a transportation
project. The project sponsor will provide notification to these individ-
uals and groups of any public participation opportunities related to the
project, apart from a Meeting with Affected Property Owners.
(c) Minimum Requirements. This subchapter establishes the
minimum requirements for public participation for a project.
(d) FHWA Transportation Projects. For an FHWA transporta-
tion project, in addition to the public participation requirements set
forth in this subchapter, the project sponsor will comply with any addi-
tional public participation or coordination requirements that may apply
under Federal law, such as the requirements at 23 U.S.C. 139. To the
extent there is a conflict between this subchapter and an applicable Fed-
eral law, the Federal law will prevail.
(e) Limited English Proficiency. The project sponsor, in con-
sultation with the department delegate, will determine whether any no-
tice required by this chapter must be published in a language, in addi-
tion to English, to comply with Executive Order 13166, Improving Ac-
cess to Services for Persons with Limited English Proficiency (LEP).
(f) Joint Public Participation. The department may collabo-
rate with local governments, metropolitan planning organizations, or
other transportation entities to conduct joint public participation activ-
ities. Public participation hosted by other entities may satisfy depart-
ment public participation requirements provided the requirements es-
tablished in this subchapter are met.
2.102. Notice ofl Intent (NOI)
(a) Purpose. An NOI formally initiates the process for prepar-
ing an EIS or a supplemental EIS.
(b) Notice of Intent Required. The project sponsor will pre-
pare an NOI before the preparation of an EIS or supplemental EIS. An
NOI must be prepared according to guidelines and procedures estab-
lished by the department. The department delegate will review the NOI
and submit it for publication in the Texas Register before the prepara-
tion of the EIS or supplemental EIS.(c) Notice Requirements. The project sponsor will publish the
approved NOI in the Texas Register and in a local newspaper having
general circulation in the area affected by the project. If there is no
local newspaper in the area affected by the project, the project sponsor
will publish the NOI in any newspaper having general circulation in
the area affected by the project.
2.103. Coordination Plan for EIS.
(a) Purpose. A coordination plan is a plan for coordinating
public and agency participation in and comment on the environmen-
tal review process when an EIS is required. A coordination plan is
intended to involve the agencies with an interest in the project and the
public in the early stages of development of an EIS, and is distinct from
the process for preparation of the project scope prepared by a project
sponsor and department delegate under 2.44 of this chapter (relating
to Project Scope).
(b) Coordination Plan Required. The project sponsor, in col-
laboration with the department delegate, will prepare a coordination
plan after publication of the NOI for an EIS or supplemental EIS, in
accordance with guidelines and procedures established by the depart-
ment.
(c) Notice Requirements.
(1) The project sponsor will circulate the final draft of the
coordination plan to the agencies identified in the coordination plan
and will make the draft coordination plan available to the public at a
public meeting. The project sponsor will allow not less than 30 days
for comment on the draft coordination plan and schedule.
(2) A deadline for comment by agencies and the public may
be extended for good cause. The good cause must be documented in
the project file.
(3) The project sponsor will give a copy of the approved
coordination plan and any approved schedule for completion of the en-
vironmental review process to the agencies identified in the coordina-
tion plan and will make it available to the public.
2.104. Meeting with Affected Property Owners (MAPO).
(a) Purpose. A MAPO is an informal meeting to inform af-
fected property owners of impacts that may result from a project. The
requirements of this section may be met by telephone, in-person, or
written contact with affected property owners.
(b) When to conduct MAPO.
(1) The project sponsor will hold one or more MAPOs prior
to the environmental decision if a project requires detours, a minimal
amount of right-of-way acquisition, or temporary construction ease-
ments.
(2) The project sponsor will hold a MAPO in addition to
any previous public participation if a location or design revision occurs
after public participation requirements have been completed that would
result in a substantial change in the impacts previously disclosed to the
affected property owner.
(3) The project sponsor may hold a MAPO for any project
to supplement other required public participation. A MAPO may be
used to engage an affected property owner throughout the process.
(4) The affected property owners include:
(A) owners of property adjacent to the project; and
(B) other affected property owners, such as a business
or governmental entity that may be affected by the project.
(c) Notice Requirements. The project sponsor may select ap-
propriate outreach methods to inform property owners of a MIAPO.38 TexReg 8808 December 6, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013, periodical, December 6, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379983/m1/88/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.