Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION › Section 2.256 - Projects Excluded from Review for Archeological Sites and Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects with ground disturbance of less
				  than 100 cubic yards of impacts to undisturbed sediments, by their nature and
				  definition, do not have the potential to affect historic properties. Such a
				  project does not require review of its potential project impacts on
				  archeological resources or cemeteries by THC under this chapter or under this
				  MOU. The following list provides examples of activities with this low level of
				  new disturbance that do not require review of their potential impacts on
				  archeological resources or cemeteries under this chapter or under this MOU:
(1) installation, repair, or replacement of
				  fencing, signage, traffic signals, railroad warning devices, safety end
				  treatments, cameras and intelligent highway system equipment;
(2) projects involving purchase or
				  acquisition of land without associated ground-disturbing activities;
(3) routine structural maintenance and repair
				  of bridges, highways, railroad crossings, picnic areas, and rest
				  areas;
(4) in-kind repair,
				  replacement of lighting, signals, curbs and gutters, and sidewalks;
(5) crack seal, overlay, milling, grooving,
				  resurfacing, and restriping;
(6)
				  replacement, upgrade, and repair of safety barriers, ditches, storm drains, and
				  culverts;
(7) intersection
				  improvements, including repair or replacement of overpasses, that require less
				  than 0.5 acres of additional right of way at each intersection;
(8) placement of riprap to prevent erosion of
				  waterway banks and bridge piers provided no ground disturbance is
				  required;
(9) all maintenance work
				  between a highway and an adjacent frontage road;
(10) installation of noise barriers or
				  alterations to existing publicly owned buildings less than 50 years old, to
				  provide for noise reduction except in potential or listed National Register
				  districts;
(11) driveway and street
				  connections;
(12) all work within
				  interchanges and within medians of divided highways;
(13) all work between the flowlines of the
				  ditches and channels and above the original line and grade;
(14) ditch and channel maintenance, provided
				  removal of fill is above the original line and grade;
(15) repairs needed as a result of an event,
				  natural or man-made, which causes damage to a designated state highway,
				  resulting in an imminent threat to life or property of the traveling public or
				  which substantially disrupts or may disrupt the orderly flow of traffic and
				  commerce;
(16) the installation and
				  modification of sidewalks (including the addition of American with Disabilities
				  Act (ADA) ramps) except:
(A) sidewalk
				  installations where the depth of impact exceeds one foot;
(B) sidewalk and ADA ramp projects within the
				  historic districts in the following cities or towns: Goliad, Rio Grande City,
				  Roma, San Antonio, San Elizario, and San Ygnacio; and
(C) sidewalk or ADA ramp projects within the
				  limits of the following cities or towns: Anahuac, Nacogdoches, San Patricio,
				  and Socorro;
(17) routine
				  maintenance projects;
(18)
				  vegetation control;
(19) traffic
				  control; and
(20) routine painting
				  and striping.