(a) Purpose. This section describes when additional notice and opportunity to comment must be provided to owners of adjoining property, and affected local governments and public officials, following project approval.
(b) When to provide additional notice and opportunity to comment. Under Transportation Code, §203.022(b), the project sponsor will provide an additional notice and opportunity to comment for a project that has received project approval if:
  (1) the project adds capacity or involves the construction of a highway at a new location; and
  (2) conditions relating to land use, traffic volumes, and traffic patterns have changed significantly since the project was originally subject to public review and comment.
(c) Comment deadline. The notice required by subsection (b) will specify a comment deadline of no sooner than 15 days after the date that such notice is provided. 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.
(d) Documentation requirements. The project sponsor will maintain records of all notices made and written comments received.

Source Note: The provisions of this §2.109 adopted to be effective April 16, 2014, 39 TexReg 2941; amended to be effective September 19, 2018, 43 TexReg 5987