For the purposes of this subchapter, a proposed roadway becomes a roadway and a proposed interchange becomes an interchange:
  (1) when environmental clearance and the approved alignment have been obtained from the Federal Highway Administration; or
  (2) if environmental clearance and approved alignment from the Federal Highway Administration are not required for a proposed roadway, when the alignment is approved by the department or other political subdivision responsible for constructing the roadway.

Source Note: The provisions of this §21.446 adopted to be effective July 1, 2011, 36 TexReg 2418