The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Affected local government--The governing body of a county or municipality in which a project is located.
  (2) Best management practices--Practices that are determined to be the most efficient, practical, and cost effective measures to guide a particular activity or address a particular problem.
  (3) Bicycle lane--A portion of a roadway that is designated by striping, signing, or pavement markings for the exclusive use of bicyclists.
  (4) CE (Categorical Exclusion)--Is covered by §2.81 of this chapter (relating to Categorical Exclusions).
  (5) Commission--The Texas Transportation Commission.
  (6) DEIS (Draft Environmental Impact Statement)--Is covered by §2.84 of this chapter (relating to Environmental Impact Statements).
  (7) Department--The Texas Department of Transportation.
  (8) Disposal plan--An operationally suitable method for the placement of dredged material that avoids or minimizes adverse environmental impacts.
  (9) District--One of the 25 geographical districts into which the department is divided.
  (10) Division--One of the department's divisions listed on the department's organizational chart.
  (11) EA (Environmental Assessment)--Is covered by §2.83 of this chapter (relating to Environmental Assessments).
  (12) EIS (Environmental Impact Statement)--Is covered by §2.84 of this chapter.
  (13) Environmental Affairs Division--The Environmental Affairs Division of the department.
  (14) Environmental report--A report, form, checklist, or other documentation analyzing an environmental issue in the context of a specific transportation project or presenting a thorough summary of an environmental study conducted in support of an environmental review document, or demonstrating compliance with a specific environmental requirement. The term does not include a permit or other approval outside the scope of the environmental review process. The term also does not include an environmental issues checklist prepared to demonstrate a CE determination or a checklist used to perform a reevaluation of a project.
  (15) Environmental review document--An environmental assessment, an environmental impact statement, a documented reevaluation, a supplemental environmental impact statement, or, for an FHWA transportation project, a document prepared to demonstrate that it qualifies as a categorical exclusion when FHWA requires a narrative document as opposed to a checklist. An environmental review document includes any attached environmental reports.
  (16) FEIS (Final Environmental Impact Statement)--Is covered by §2.84 of this chapter.
  (17) FHWA--The United States Department of Transportation Federal Highway Administration.
  (18) FHWA transportation project--A transportation project for which:
    (A) FHWA's approval is required by law to comply with NEPA, FHWA is the lead federal agency, and FHWA agrees the department may act as the joint lead agency under 23 Code of Federal Regulations §771.109; or
    (B) FHWA has assigned its environmental review responsibilities under NEPA or other federal environmental laws to the department pursuant to a memorandum of understanding.
  (19) FONSI (Finding of No Significant Impact)--Is covered by §2.83 of this chapter.
  (20) Highway project--A project that is:
    (A) for the construction or maintenance of a highway or related improvement on the state highway system; or
    (B) for the construction or maintenance of a highway or related improvement not on the state highway system but that is funded wholly or partly with federal money.
  (21) NEPA--The National Environmental Policy Act, codified at 42 United States Code §§4321, et seq.
  (22) NOI (Notice of Intent)--Is covered by §2.102 of this chapter (relating to Notice of Intent (NOI)).
  (23) ROD (Record of Decision)--Is covered by 2.84 of this chapter.
  (24) SEIS (Supplemental Environmental Impact Statement)--Is covered by §2.86 of this chapter (relating to Supplemental Environmental Impact Statements).
  (25) Significant--As used in reference to the significance of the impact of a project, has the meaning as that term is used and has been interpreted under NEPA and its related regulations, including 40 Code of Federal Regulations §1508.27.
  (26) State highway system--The system of highways designated by the commission under Transportation Code, §203.002.
  (27) State transportation project--A transportation project that is not subject to NEPA.
  (28) Toll project--Has the meaning assigned by Transportation Code, §201.001.
  (29) Transportation project--A project to construct, maintain or improve a highway, rest area, toll facility, aviation facility, public transportation facility, rail facility, ferry, or ferry landing.

Source Note: The provisions of this §2.5 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234; amended to be effective September 19, 2018, 43 TexReg 5987