(a) Applicability. Subject to the exception in subsection (b) of this section, this section applies to any project that would:
  (1) require the acquisition of new right-of-way;
  (2) add capacity; or
  (3) involve the construction of a highway at a new location.
(b) Exception. This section does not apply to a project for which a public meeting is held under §2.105 of this subchapter (relating to Public Meeting), an opportunity for public hearing is afforded under §2.106 of this subchapter (relating to Opportunity for Public Hearing), or a public hearing is held under §2.107 of this subchapter (relating to Public Hearing), provided that notice of the meeting, opportunity for public hearing, or public hearing is provided to the entities specified in subsections (c) and (d) of this section.
(c) Notice and opportunity to comment for property owners. Prior to the environmental decision on a project subject to this section, the project sponsor will provide written notice to the owner or owners of real property that would be acquired for the project and, for a project described by subsection (a)(2) or (3) of this section, the owner or owners of real property that is adjacent to the project. The purpose of this notice is to inform the real property owner or owners of the project and allow them an opportunity to submit comments on the project prior to the environmental decision.
(d) Notice and opportunity to comment for local governments. Prior to the environmental decision on a project described by subsection (a)(2) or (3), the project sponsor will provide written notice to affected local governments and public officials. The purpose of this notice is to inform the affected local governments and public officials of the project and allow them an opportunity to submit comments on the project prior to the environmental decision.
(e) Comment deadline. The notice required by subsections (c) and (d) of this section will specify a comment deadline of not sooner than 15 days after the date that the notice is made. If the notice is sent by United States mail, the minimum comment period begins on the third day after the date that the notice is mailed.
(f) Documentation requirements. The project sponsor will maintain records of all notices provided and written comments received.

Source Note: The provisions of this §2.104 adopted to be effective September 19, 2018, 43 TexReg 5987