Texas Department of Transportation
Planning and Development of
Transportation Projects
1
SUBCHAPTER A.
Purpose.
Page 1 of 19
GENERAL PROVISIONS
2
§16.1.
It is in the interest of the State of Texas to
3
encourage and promote the safe and efficient management,
4
operation, and development of transportation systems that will
5
serve the mobility needs of people and movement of freight, and
6
foster economic growth and development in both rural and
7
urbanized areas of the state, while minimizing transportation
8
related air pollution.
9
continuing, cooperative, and comprehensive transportation
These goals can be advanced through a
10
planning process that includes the state, metropolitan, rural,
11
rail, and public transportation organizations, and promotes
12
plans, programs, and policies that consider all transportation
13
modes and support community development and social goals.
14
chapter prescribes minimum standards for metropolitan and rural
15
transportation planning and program development, describes how
16
the state and planning organizations will develop coordinated
17
transportation planning processes, plans, and programs, and
18
ensures the eligibility of the state to continue to receive
19
federal transportation funds.
20
a transparent, well-defined, and understandable system of
21
planning and programming that integrates priorities, financial
22
forecasts, and project milestones.
This
The ultimate goal is to establish
23
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
§16.2.
Page 2 of 19
Definitions and Acronyms.
2
(a) The following words and terms, when used in this
3
chapter, shall have the following meanings, unless the context
4
clearly indicates otherwise.
5
6
7
(1) Chief financial officer--The chief financial officer
of the department, or that officer's designee.
(2) Clean Air Act (CAA)--The Clean Air Act of 1970 and
8
Amendments of 1990 (42 U.S.C. §7401 et seq.), including
9
procedures that apply to all transportation plans, programs, and
10
11
12
13
projects as they relate to air quality.
(3) [(2)] Commission--The Texas Transportation
Commission.
(4) [(3)]
Conformity--Clean Air Act requirements that
14
ensure that federal funding and approval are given to
15
transportation plans, programs, and projects that are consistent
16
with the air quality goals established by the State
17
Implementation Plan.
18
(5) [(4)]
Corridor--A broad geographic band with no
19
predefined size or scale that follows a general directional
20
flow, providing for the movement of people and freight and
21
connecting major sources of transportation trips.
22
nominally linear transportation service area that may contain a
23
number of streets, highways, rail, utility, and public
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
It involves a
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
2
3
4
Page 3 of 19
transportation route alignments.
(6) [(5)] Department--The Texas Department of
Transportation.
(7) [(6)] District--One of the geographic areas into
5
which the department is divided in order to conduct its primary
6
work activities.
7
(8) [(7)] District engineer--The chief administrative
8
officer in charge of a district, or that officer's designee.
9
(9) [(8)] Environmental Protection Agency (EPA)--The
10
agency of the federal government with broad responsibilities for
11
environmental protection and enforcement, including air quality,
12
as it relates to this chapter.
13
14
15
(10) [(9)] Executive director--The executive director of
the department or the executive director's designee.
(11) [(10)]
Federal discretionary programs--Programs
16
that provide the U.S. Department of Transportation with
17
discretion to award funds for specific projects outside of the
18
normal transportation fund formulas.
19
designate the projects that are eligible for discretionary
20
program funds and the scope of discretion may vary depending on
21
the applicable statutory provisions.
22
23
The U.S. Congress may
(12) [(11)] Federal Highway Administration (FHWA)--The
federal agency primarily responsible for highway transportation.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
2
3
4
(13)
Page 4 of 19
Federal Railroad Administration (FRA)--The federal
agency primarily responsible for railroad transportation.
(14) [(12)] Federal Transit Administration (FTA)--The
federal agency primarily responsible for public transportation.
5
(15) [(13)] Governor--The governor of the State of Texas.
6
(16) [(14)]
Letting--The official act of opening
7
contractors' bids for a proposed highway improvement contract to
8
construct, reconstruct, or maintain a segment of the state
9
highway system, or to construct or maintain a building or other
10
11
facility appurtenant to a building.
(17) [(15)] Local transportation entity--An entity that
12
participates in the transportation planning process.
13
includes but is not limited to:
The term
14
(A) a metropolitan planning organization;
15
(B) a rural planning organization;
16
(C) a regional tollway authority organized under
17
18
19
20
21
22
23
Transportation Code, Chapter 366;
(D) a regional transportation authority operating under
Transportation Code, Chapter 452;
(E) a metropolitan rapid transit authority operating
under Transportation Code, Chapter 451;
(F) a rural transit district as defined by
Transportation Code, §458.001;
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
2
3
4
5
6
7
Page 5 of 19
(G) a coordinated county transportation authority
operating under Transportation Code, Chapter 460;
(H) a rural rail transportation district operating
under Transportation Code, Chapter 172; and
(I) a commuter rail district operating under
Transportation Code, Chapter 174.
(18) [(16)]
Metropolitan planning organization (MPO)--
8
The organization or policy board of an organization created and
9
designated under 23 U.S.C. §134 and 49 U.S.C. §5303, as amended,
10
to make transportation planning decisions for the metropolitan
11
planning area and carry out the metropolitan transportation
12
planning process.
13
(19) [(17)] Mexican ports of entry--Connections between
14
Mexico and the State of Texas at international bridge crossings
15
of 5,000 vehicles or more average daily traffic.
16
(20) [(18)] Mobility projects--Transportation projects
17
that add additional mainlanes to an existing highway facility or
18
construct lanes on a new location and have a length of at least
19
one mile, or any projects that otherwise improve transportation
20
facilities for highways, public transportation, or other modes
21
of transportation to decrease travel time and the level or
22
duration of traffic congestion, and to increase the safe and
23
efficient movement of people and freight.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
(21) [(19)]
Page 6 of 19
On-system--The system of highways in the
2
state included in a comprehensive plan prepared by the
3
department's executive director under the direction and with the
4
approval of the commission in accordance with Transportation
5
Code, §201.103.
6
(22) [(20)] Planning organization--A metropolitan
7
planning organization, a rural planning organization, or, for an
8
area that is not in the boundaries of a metropolitan planning
9
organization or a rural planning organization, a district.
10
(23) [(21)]
Public transportation--Transportation of
11
passengers and their hand carried packages or baggage on a
12
regular or continuing basis by means of surface or water
13
conveyance by a public or private entity that receives financial
14
assistance from the Federal Highway Administration, the Federal
15
Transit Administration, the Federal Railroad Administration, the
16
department, or a local political subdivision.
17
18
19
(24) [(22)] Routes--All or a portion of a selected course
of travel between two specific geographic locations.
(25) [(23)]
Rural planning organization (RPO)--A
20
voluntary organization created and governed by local elected
21
officials with responsibility for transportation decisions at
22
the local level, including an organization established by a
23
council of governments or regional planning commission
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 7 of 19
1
designated by the governor pursuant to Local Government Code,
2
Chapter 391, to address rural transportation priorities and
3
planning and provide recommendations to the department for areas
4
of the state not included in the boundaries of a metropolitan
5
planning organization.
6
(26) [(24)]
Rural transportation improvement program
7
(RTIP)--A staged, multiyear, intermodal program of
8
transportation projects and public transportation projects
9
developed by the department, in consultation with local
10
officials, for areas of the state outside of the metropolitan
11
planning area boundaries.
12
constrained plan that demonstrates how the program can be
13
implemented.
14
(27) [(25)]
The RTIP includes a financially
State Implementation Plan (SIP)--The latest
15
approved version of the state adopted plan promulgated for each
16
nonattainment or maintenance area to achieve or maintain
17
compliance with the national ambient air quality standards
18
required by the federal Clean Air Act.
19
(28) [(26)] Subarea--A geographic area with no predefined
20
size or scale that is located within the boundaries of a
21
designated metropolitan planning area.
22
23
(29) [(27)] Surface Transportation Program (STP)--The
funding program established by 23 U.S.C. §133.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
(30) [(28)]
Page 8 of 19
Texas Commission on Environmental Quality
2
(TCEQ)--The state agency responsible for coordination of natural
3
resources and air quality for the state, including development
4
of the State Implementation Plan.
5
(31) [(29)]
Texas Highway Trunk System--A rural network
6
of four-lane or better divided roadways that will serve as a
7
principal connector of all Texas cities with over 20,000
8
population as well as major ports and points of entry, not to
9
exceed a total system mileage of 11,500 lane miles.
10
(32) [(30)]
Transportation control measure (TCM)--Any
11
measure used for the purpose of reducing emissions or
12
concentrations of air pollutants from transportation sources by
13
reducing vehicle use or changing traffic flow or congestion
14
conditions.
15
(33) [(31)]
Transportation management area (TMA)--An
16
urbanized area with a population over 200,000 as defined by the
17
U.S. Bureau of the Census and designated by the U.S. Secretary
18
of Transportation, or any additional area where transportation
19
management area designation is requested by the governor and the
20
metropolitan planning organization and designated by the U.S.
21
Secretary of Transportation.
22
23
(34) [(32)]
Transportation project--The planning,
engineering, right of way acquisition, expansion, improvement,
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 9 of 19
1
addition, or contract maintenance, other than the routine or
2
contracted routine maintenance of a bridge, highway, toll road
3
or toll road system, or railroad, enhancement of a roadway that
4
increases the safety of the traveling public, air quality
5
improvement initiative, or transportation enhancement activity
6
under 23 U.S.C. §101.
7
(35)
Transportation reinvestment zone (TRZ)--an area
8
created and designated by a municipality or county under
9
Transportation Code, §222.106, §222.107, or §222.108, to promote
10
and fund one or more transportation projects as defined under
11
§222.106, §222.107, or §222.108.
12
(36) [(33)] Unified Planning Work Program (UPWP)--The
13
governing planning document, prepared by an MPO on an annual or
14
biennial [bi-annual] basis, which identifies the transportation
15
planning work to be undertaken within the metropolitan planning
16
area for the applicable period.
17
(b) Acronyms.
The following acronyms, when used in this
18
chapter, are abbreviations for the associated terms.
19
associated term is not defined under subsection (a) of this
20
section, a reference is provided to the section in this chapter
21
in which the term is primarily described.
22
(1) CAA--Clean Air Act.
23
(2) EPA--Environmental Protection Agency.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
If an
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 10 of 19
1
(3) FHWA--Federal Highway Administration.
2
(4) FRA--Federal Railroad Administration.
3
(5) [(4)] FTA--Federal Transit Administration.
4
(6) [(5)] MPO--Metropolitan planning organization.
5
(7) [(6)] MTP--Metropolitan transportation plan, as
6
described in §16.53 of this chapter (relating to Metropolitan
7
Transportation Plan).
8
(8) [(7)] RPO--Rural planning organization.
9
(9) [(8)] RTIP--Rural transportation improvement program.
10
(10) RTP--Rural transportation plan, as described in
11
§16.55 of this chapter (relating to Long-Range Transportation
12
Planning Recommendations for Non-Metropolitan Areas).
13
(11) [(9)] SIP--State implementation plan.
14
(12) [(10)] SLRTP--Statewide long-range transportation
15
plan, as described in §16.54 of this chapter (relating to
16
Statewide Long-Range Transportation Plan).
17
(13) [(11)] STIP--Statewide transportation improvement
18
program, as described in §16.103 of this chapter (relating to
19
Statewide Transportation Improvement Program).
20
(14) [(12)] STP--Surface transportation program.
21
(15) [(13)] TCEQ--Texas Commission on Environmental
22
23
Quality.
(16) [(14)] TCM--Transportation control measure.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
Page 11 of 19
(17) [(15)] TIP--Transportation improvement program, as
2
described in §16.101 of this chapter (relating to Transportation
3
Improvement Program).
4
(18) [(16)] TMA--Transportation management area.
5
(19) TRZ--Transportation reinvestment zone.
6
(20) [(17)] UPWP--Unified planning work program.
7
(21) [(18)] UTP--Unified transportation program, as
8
described in §16.105 of this chapter (relating to Unified
9
Transportation Program).
10
11
§16.3.
12
Law.
13
Applicability of Chapter; Effect of Conflict with Other
(a) Applicability.
The provisions of this chapter apply to
14
the department, all metropolitan planning organizations serving
15
urbanized areas as defined by the U.S. Bureau of the Census with
16
populations of at least 50,000, as well as rural planning
17
organizations and appropriate federally-funded public
18
transportation operators as defined by 23 C.F.R. Part 450.
19
(b) Relationship to federal law and regulations.
This
20
chapter incorporates by reference federal transportation
21
planning laws and regulations.
22
conflicts with federal law or regulation, the federal law
23
controls to the extent of the conflict.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
If a provision of this chapter
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 12 of 19
1
2
3
§16.4.
Introduction.
(a) Explanation of process.
An effective transportation
4
planning and programming process requires continuous cooperation
5
among many state, local, and federal transportation entities and
6
the integration of numerous requirements imposed by state and
7
federal law.
8
than static and more circular than linear.
9
development by the department, metropolitan planning
It is a multi-step process that is more dynamic
The process includes
10
organizations (MPO), and rural planning organizations (RPO) of
11
separate but interrelated long-range planning documents that
12
identify projects, strategies, and transportation needs, mid-
13
range programming documents that contain a listing of
14
prioritized projects expected to be ready for implementation in
15
identified future years, and short-range programming documents
16
that contain a listing of prioritized projects that are likely
17
to be implemented.
18
process is the need to develop reliable financial assumptions
19
and forecasts for common use by all participants at all levels
20
of the process.
21
state and federal resources by the department and MPOs to fund
22
individual projects that will address the long-range needs and
23
goals.
Underlying the planning and programming
Finally, there is the allocation of available
Strategic performance measures are used to monitor and
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 13 of 19
1
evaluate the effectiveness of the process and its participants
2
and to identify areas that need improvement.
3
(b) Document overview.
The planning and programming
4
process involves a number of documents that have similar names
5
and overlapping functions.
6
(1) In this chapter, unless the context indicates
7
otherwise, the words plan or planning refer to documents that
8
identify projects, strategies, and transportation needs over an
9
extended period of years to provide for the ultimate development
10
and implementation of an integrated multimodal transportation
11
system.
12
13
Long-range planning documents include the:
(A) statewide long-range transportation plan (SLRTP);
[and]
14
(B) metropolitan transportation plan (MTP); and
15
(C) rural transportation plan (RTP).
16
(2) In this chapter, unless the context indicates
17
otherwise, the words program or programming refer to that part
18
of the transportation planning process that identifies a
19
prioritized list of transportation projects proposed for
20
implementation in a specified number of years in the foreseeable
21
future with funding that is reasonably anticipated to be
22
available at the designated time.
23
the:
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Programming documents include
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
2
3
4
5
6
7
8
Page 14 of 19
(A) ten-year statewide unified transportation program
(UTP);
(B) four-year metropolitan transportation improvement
program (TIP);
(C) four-year rural transportation improvement program
(RTIP); and
(D) four-year statewide transportation improvement
program (STIP).
9
(3) The planning and programming documents are more
10
particularly described in subsections (c) - (e) of this section.
11
12
(c) Long-range planning documents.
(1) The statewide long-range transportation plan (SLRTP)
13
is a comprehensive, statewide multimodal transportation plan
14
that covers a period of [at least] 24 years and serves as the
15
defining vision for the state's transportation system and
16
services.
17
listing of projects that are expected to be developed within the
18
financial constraint of forecasted state and federal funding
19
levels, and a non-financially constrained component that
20
identifies projects, strategies, and other needs that could be
21
developed if additional funding resources become available.
22
SLRTP considers the long-range plans and strategies of the
23
metropolitan and rural planning organizations and identifies the
It is comprised of two components: a priority based
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
The
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 15 of 19
1
state's transportation goals, measurable targets, and priority
2
projects and corridors.
3
transportation program developed under §16.103 of this chapter
4
(relating to Statewide Transportation Improvement Program
5
(STIP)) and the unified transportation program developed under
6
§16.105 of this chapter (relating to Unified Transportation
7
Program (UTP)).
8
9
It also includes the statewide
(2) A metropolitan transportation plan (MTP) is a longrange plan developed by each MPO for areas within its
10
boundaries, that covers a period of at least 20 years and
11
contains a priority based listing of projects for long-range,
12
mid-range, and short-range strategies that are expected to be
13
developed within the financial constraint of forecasted state,
14
federal, and local funding levels.
15
estimated in cooperation with the department.
16
years of the MTP will be developed to comply with federally
17
mandated transportation improvement program (TIP) and statewide
18
transportation improvement program (STIP) requirements and to
19
identify those projects that have a high probability of
20
implementation during the four-year period.
21
The funding levels are
The first four
(3) A rural transportation plan (RTP) is a long-range
22
plan developed by the department for areas not included in the
23
boundaries of a metropolitan planning organization, that covers
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 16 of 19
1
a period of at least 20 years, contains a priority based listing
2
of projects for long-range strategies that lead to the
3
development of an integrated intermodal transportation system,
4
and becomes a component of the statewide long-range
5
transportation plan.
6
(d) Mid-range programming document.
The unified
7
transportation program (UTP) is a ten-year financially
8
constrained program developed by the department that represents
9
an intermediate timeframe in the statewide project development
10
process.
11
projects, covered in the four-year statewide transportation
12
improvement program (STIP) plus those projects, or phases of
13
projects, within the state that the department anticipates can
14
proceed to letting within the [next] six year[s] period after
15
the four-year STIP.
16
represents a commitment to its continued development.
17
18
The UTP includes all of the projects, or phases of
A project's inclusion in the UTP also
(e) Short-range programming documents.
(1) A transportation improvement program (TIP) is a
19
short-range program developed by each MPO in cooperation with
20
the department and with public transportation operators as
21
defined by 23 C.F.R. Part 450 that covers a four-year period and
22
contains a prioritized listing of all projects proposed for
23
federal funding and regionally significant projects proposed for
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 17 of 19
1
state, federal, and local funding in a metropolitan area.
2
Projects may include planning, engineering, design, right of way
3
acquisition, [and] construction, and maintenance.
4
contains an estimate of available state, federal, and local
5
funding and the estimated project expenditures.
6
inclusion in the TIP and statewide transportation improvement
7
program (STIP) generally represents a commitment that it is
8
programmed for implementation in the near term.
9
The TIP also
A project's
(2) A rural transportation improvement program (RTIP) is
10
a short-range program developed by the department in cooperation
11
with rural planning organizations (RPO) that covers a four-year
12
period and contains a prioritized listing of all projects
13
proposed for federal funding and regionally significant projects
14
proposed for state, federal, and local funding in all areas of
15
the state outside of metropolitan planning areas.
16
include planning, engineering, design, right of way acquisition,
17
[and] construction, and maintenance.
18
estimate of available state, federal, and local funding and the
19
estimated project expenditures.
20
RTIP and statewide transportation improvement program (STIP)
21
generally represents a commitment that it is programmed for
22
implementation in the near term.
23
Projects may
The RTIP also contains an
A project's inclusion in the
(3) A statewide transportation improvement program (STIP)
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
Page 18 of 19
1
is a four-year short-range program developed by the department
2
as a compilation of all metropolitan transportation improvement
3
programs (TIP), together with rural transportation improvement
4
programs (RTIP), that include recommendations from RPOs and
5
department districts for the areas of the state that are outside
6
of the boundaries of an MPO, including transportation between
7
cities.
8
implemented statewide with [reasonably available] funds that are
9
reasonably expected to be available over a multi-year period.
The STIP identifies a list of projects to be
10
The first year of the STIP contains projects that are scheduled
11
for letting of [construction] contracts by the project sponsor.
12
The remaining three years identify projects and funding sources
13
that also have a high probability of implementation.
14
addition, in nonattainment and maintenance areas, funding for
15
projects in the first and second years of the STIP must be
16
available or committed.
17
(f) Flow chart.
In
A graphic flow chart and description of
18
the documents, interactions, and time frames involved in the
19
planning and programming process is shown in the following
20
figure.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A
Texas Department of Transportation
Planning and Development of
Transportation Projects
1
Page 19 of 19
Figure: §16.4(f)
2
3
(g) Limits of section.
This section and the flow chart
4
designated Figure §16.4(f) are for illustrative purposes only
5
and shall not be construed or interpreted to abridge, enlarge,
6
modify, or otherwise change the responsibilities, requirements,
7
and procedures described in this chapter.
NOTE: Additions underlined
Deletions in [
]
OGC: 1/31/12 11:25 AM
Subchapter A