SECTION 2.110. Notice of Impending Construction

(a) Purpose. A notice of impending construction informs individuals affected by certain projects that construction will begin.

(b) Notice Requirements under Transportation Code, §203.022(c). For a project that adds capacity or involves the construction of a highway at a new location, the project sponsor must provide owners of adjoining property and affected local governments and public officials with notice of impending construction by any means approved by the department's Environmental Affairs Division. The means of providing notice may include a sign or signs posted in the right-of-way, mailed notice, printed notice distributed by hand, or notice via website when the recipient has previously been informed of the relevant website address. The notice must be provided after a CE determination or issuance of a FONSI or ROD for the project, but before earthmoving or other activities requiring the use of heavy equipment begin.

Source Note: The provisions of this §2.110 adopted 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