One of the first steps during the right-of-way negotiation and acquisition process is to determine if the initial site assessment (ISA) for hazardous materials should be updated or supplemented. New site conditions may exist or previous conditions may have become apparent since the ISA was performed during earlier planning stages of project development. TxDOT is not authorized to enter property without expressed written consent from the property owner through a right-of-entry agreement, easement or deed. In cases where right-of-entry was denied during earlier stages of project development, additional attempts to obtain right-of-entry should be considered. Similarly, interviews with the property owners or operators concerning possible contamination may not have been feasible or practical during advanced planning stages. These interviews should be conducted, if possible, and documented during the right-of-way negotiation and acquisition process.

As environmental site assessments and investigations are completed, the findings should be communicated to the appropriate district planning, environmental, design and construction staff, and affected divisions. If preventive or corrective action cannot be performed prior to construction, then the scope of any environmental site investigation should include providing data to prepare for any necessary preventive action during construction activities.