Part 1.
GENERAL LAND OFFICE
Chapter 13.
LAND RESOURCES
Subchapter B. RIGHTS-OF-WAY OVER PUBLIC LANDS
31 TAC §13.17
The General Land Office adopts an amendment to §13.17(c)
relating to the payment of fees for renewals of right-of-way easements for
pipelines, with changes to the proposed text as published in the March 31,
2000, issue of the
Texas Register
(25 TexReg
2766). The amendment requires that the fee to be paid for renewals of right-of-way
easements for pipelines be the full rate presented in §13.17(a) of the
rule. The amendment to the rule is being adopted to increase deposits to the
permanent school fund and to the special fund for removal of unauthorized
structures on permanent school fund land as a result of increased payment
of the fees for renewals of right-of-way easements by the users of the pipelines.
Written comments on the proposal were received from Texas Association of
Business & Chamber of Commerce, Association of Texas Intrastate Natural
Gas Pipelines, and Texas Oil & Gas Association. The comments addressed
the same two concerns: 1) deletion of the word "automatically" from the rule
subjects a pipeline user to a review of its pipeline use before a renewal
of the easement will be granted by the agency, thereby creating uncertainty
in planning for continuity of operations and acquisitions and dispositions,
and 2) the requirement that the renewal be based on the then current rate
applicable to pipelines imposes an additional economic burden on the pipeline
user. With regard to the first concern, suggestions included: (i) retention
of the word "automatically," and (ii) inclusion of language that clarifies
the conditions upon which easement renewals will be given. With regard to
the second concern, suggestions included: (i) no increase in rates, (ii) limiting
any increase to 100% of the originally paid fee, and (iii) phasing any increase
over a number of years.
In response to the first concern, the agency changed the language in the
proposed amendment to §13.17(c) to provide that renewals "shall" be granted,
provided that the grantee complies with the terms and conditions of the easement
"agreement, including the notice, application, renewal payment, and documentation
requirements contained therein." The word "automatically" remains deleted
to avoid misunderstandings as to whether the grantee desires to renew the
easement at the time for renewal. The notice procedure in the easement agreement
will provide the agency with information on the grantee's intention to renew
and should substantially reduce the agency's time and effort in policing the
status of renewals on existing pipeline easements, while placing but a small
burden on the user to notify the agency of its intent to renew the easement.
As to concern No. 2, the agency responds that the renewal rate, under the
adopted rule, will be the same as that being paid by new pipeline users and
users extending pipelines over additional areas, thereby putting first time
users, extending users, and renewal users on the same rate level. Additionally,
all users pay only a one-time fee over a ten-year term, with no periodic present
value adjustments or other related increases; thereby affording the user extended
budgetary planning time. Also, currently outstanding easement agreements,
which contain a 50% renewal rate clause, will be honored by the agency, provided
the user has complied with all of the terms of the easement at the time of
renewal. Finally, because there have been no increases in pipeline user fees
since 1984, deletion of the 50% renewal rate, at this time, should not result
in an undue imposition on pipeline users.
The amendment is adopted under the Natural Resources Code, Chapter
31, §31.051, which provides the Land Commissioner with the authority
to make and enforce suitable rules consistent with the law. The amendment
is also adopted under Chapter 51, §51.295 and §51.296, relating
to Easements.
The amendment affects Natural Resources Code, Chapter 51, §51.295
and §51.296.
§13.17.Fees for Right-of-Way Easements.
(a)
The following table lists the fees and terms for pipeline
right-of-way easements across public lands as established by the commissioner
of the General Land Office.
Figure: 31 TAC §13.17(a) (No change.)
(b)
Right-of-way easements for pipelines issued prior to December
31, 1983, shall be renewed upon the expiration of their current term at the
full rate presented in subsection (a) of this section. These renewals shall
be considered as easements for new pipelines for purposes of subsection (c)
of this section
(c)
Right-of-way easements issued for new pipelines after December
31, 1983, shall be renewed for an additional 10-year term at the full rate
applicable to pipelines at the time of renewal, provided grantee has complied
with all the terms and conditions of the easement agreement, including the
notice, application, renewal fee payment, and documentation requirements contained
therein.
(d)
At the commissioner's discretion, a right-of-way easement
for pipelines may be renewed for a term less than 10 years and the rates prorated
accordingly.
(e)
The following table lists the fees and terms for power
and telephone line rights-of-way over public lands as established by the commissioner.
Figure: 31 TAC §13.17(e) (No change.)
(f)
Renewal fees for all power and telephone line rights-of-way
over public lands are the rates in effect at the time of renewal.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 2, 2000.
TRD-200005395
Larry Soward
Chief Clerk
General Land Office
Effective date: August 22, 2000
Proposal publication date: March 31, 2000
For further information, please call: (512) 305-9129
Chapter 501.
COASTAL MANAGEMENT PROGRAM
The Coastal Coordination Council (Council) adopts, without changes
to the text, the proposed amendments to §501.3, relating to Definitions
and Abbreviations, §501.4, relating to General Procedures, and adopts
with nonsubstantive, editorial changes to the text §501.14, relating
to Policies for Specific Activities and Coastal Natural Resource Areas. The
proposed amendments were published in the May 19, 2000, edition of the
These rules are adopted concurrently with the amendments to Chapter 505,
relating to Council Procedures for State Consistency with Coastal Management
Program Goals and Policies, and Chapter 506, relating to Council Procedures
for Federal Consistency with Coastal Management Program Goals and Policies.
Together, the adopted amendments to Chapters 501, 505 and 506 are part of
a single rulemaking action.
The adopted amendment to §501.3(b)(15), relating to the definition
of "waters of the open Gulf of Mexico," clarifies that this coastal natural
resource area includes the fishery habitat and fishery resources within the
area.
The adopted amendment to §501.4(b), relating to General Procedures,
has deleted the requirement that the Council meet in specific months. The
Coastal Coordination Act (the Act) requires only that the Council meet once
in each calendar quarter. Texas Natural Resources Code, §33.204(b). This
adopted amendment revises the Coastal Management Program (CMP) rules to conform
to the Act.
The adopted amendments to §501.4(e), relating to General Procedures,
change the deadline for the submission of agenda items by Council members
to 21 days prior to a meeting from the previous 14 days prior, allow the Council
Secretary to notify the Council Members of the agenda via electronic mail,
and clarify that the time periods under this subsection are measured in calendar
days.
Adopted §501.4(h), relating to General Procedures, has added a new
subsection containing general rules for the CMP Grants Program. This adopted
amendment codifies the Council's existing policies and practices regarding
the CMP Grants Program. Each year, the Council receives grant funds from the
National Oceanic and Atmospheric Administration for the implementation of
the CMP. The Council passes through the majority of these funds to coastal
local governments and other qualified entities for the planning and implementation
of projects that enhance public access to and appreciation of coastal natural
resource areas, further the acquisition and/or conservation of unique coastal
ecosystems, and otherwise further the CMP goals and policies. For each year
or for each grant cycle, the Council promulgates guidance for the CMP Grants
Program describing the deadlines, schedule, eligibility requirements, funding
policies, and approval process.
The adopted amendment to §501.14(f)(1)(D), relating to policies for
the discharge of municipal and industrial wastewaters to coastal waters, expands
the Council's existing policy for the establishment of Total Maximum Daily
Pollutant Loads (TMDLs) to require the use of scientifically valid models
calibrated and validated with monitored data and with public input from affected
stakeholders.
The adopted amendment to §501.14(t), relating to policies for marine
fishery management, establishes a new policy for the promulgation of fishery
management measures by the National Marine Fisheries Service (NMFS). Texas
fishers raised concerns regarding the effectiveness of management measures
for the Red Snapper Fishery, recently proposed by NMFS, and the impact of
these management measures on Texas fishers. Council staff presented a report
on federal fisheries policies at the Council's December 2, 1999, meeting in
Galveston. The Council then formed a work group to consider and prepare proposed
changes to the CMP rules, including draft policies for fishery management
measures. In developing these policies, the work group worked closely with
the Texas Parks and Wildlife Department (TPWD) and reviewed federal fishery
policies as well as fishery policies from Texas, Florida, and other states.
The new policies for fishery management measures require that fishery management
measures conserve fishery resources, be based on the best information available,
and be fair and equitable to all of the people of the state.
Concurrent with this rulemaking, the Council has adopted a general consistency
concurrence to affirm the TPWD's primacy in the determination of Texas' fishery
management policies and to ensure that the Council's review of federal management
measures for consistency with the CMP goals and policies is consistent with
the TPWD's state fishery management policies. The general consistency concurrence
will find that where NMFS promulgates, as a federal rule, fishery management
measures that incorporate and adopt the TPWD's state fishery management policies,
the Council deems the federal fishery management measures to be consistent
with the CMP goals and policies. A copy of the general consistency concurrence
may be obtained by writing to Ms. Janet Fatheree, Secretary, Coastal Coordination
Council, P.O. Box 12873, Austin, Texas 78711-2873, janet.fatheree@glo.state.tx.us,
facsimile (512) 475-0680.
A public hearing on the proposed amendments was held on May 18, 2000, in
Austin as part of the regularly scheduled meeting of the Council's Executive
Committee. At the hearing, comments in support of the proposed amendments
providing for the review of the federal fishery management measures were provided
by the Texas Recreational Fishing Alliance and The Coastal Conservation Association.
No other comments were received regarding the proposed amendments to Chapter
501.
An editorial change has been made to §501.14(d), relating to policies
for construction and operation of solid waste treatment, storage, and disposal
facilities, to apply consistent terms. Under subparagraphs (B) and (C) of §501.14(d),
the terms "100-year flood" and "100-year flood event" were used interchangeably.
These subparagraphs have been revised to consistently use the term "100-year
flood event." This is a change to the rule made for clarification and consistency.
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the adopted amendments as a "major environmental rule."
Under the Government Code, a major environmental rule is a rule the specific
intent of which is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect, in a material way,
the economy, a sector of the economy, productivity, competition, jobs, the
environment, or the public health and safety of the state or a sector of the
state. A regulatory analysis is required only when a major environmental rule
exceeds a standard set by federal law, exceeds an express requirement of state
law, exceeds a requirement of a delegation agreement or contract between the
state and an agency or representative of the federal government to implement
a state or federal program, or are adopted solely under the general powers
of the Council. The adopted amendments do not exceed a standard set by federal
law, exceed an express requirement of state law, exceed a requirement of a
delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state or federal program, nor are
the amendments adopted solely under the general powers of the Council.
The General Land Office has assisted the Council in preparing a takings
impact assessment for these adopted amendments and determined that the amendments
will not result in the taking of private real property. To receive a copy
of the takings impact assessment, please send a written request to Ms. Melinda
Tracy, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin,
Texas 78711-2873, melinda.tracy@glo.state.tx.us, facsimile (512) 463-6311.
Subchapter A. GENERAL PROVISIONS
31 TAC §501.3, §501.4
These amendments are adopted under Texas Natural Resources
Code §33.053(a)(2) and (4)-(7), which provide the Council with authority
to analyze coastal land and water uses, identify land and water uses that
would have a direct and significant impact on coastal waters, recommend incremental
authority necessary to protect coastal lands and waters, inventory coastal
natural resource areas (CNRAs), and describe an organizational structure for
implementing and administering the CMP; §33.055 which requires that the
Council hold public hearings, as deemed appropriate, to consider amendments
to the CMP; §33.202 which provides that it is the policy of the state
to make more effective and efficient use of public funds and to provide for
more effective and efficient management of CNRAs by continually reviewing
principal coastal problems of state concern and by coordinating the performance
of government programs affecting CNRAs; and §33.204 which authorizes
the Council to adopt by rule goals and policies for the CMP.
Natural Resources Code, §§33.053(a)(2) and (4)-(7), 33.055, 33.202,
and 33.204 are affected by these adopted amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 7, 2000.
TRD-200005440
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: August 27, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-9129
31 TAC §501.14
This amendment is adopted under Texas Natural Resources Code §§33.053(a)(2)
and (4)-(7), which provide the Council with authority to analyze coastal land
and water uses, identify land and water uses that would have a direct and
significant impact on coastal waters, recommend incremental authority necessary
to protect coastal lands and waters, inventory coastal natural resource areas
(CNRAs), and describe an organizational structure for implementing and administering
the CMP; §33.055 which requires that the Council hold public hearings,
as deemed appropriate, to consider amendments to the CMP; §33.202 which
provides that it is the policy of the state to make more effective and efficient
use of public funds and to provide for more effective and efficient management
of CNRAs by continually reviewing principal coastal problems of state concern
and by coordinating the performance of government programs affecting CNRAs;
and §33.204 which authorizes the Council to adopt by rule goals and policies
for the CMP.
Natural Resources Code, §§33.053(a)(2) and (4)-(7), 33.055, 33.202,
and 33.204 are affected by this adopted amendment.
§501.14.Policies for Specific Activities and Coastal Natural Resource Areas.
(a)
Construction of Electric Generating and Transmission Facilities.
(1)
Construction of electric generating facilities and electric
transmission lines in the coastal zone shall comply with the policies in this
subsection.
(A)
New electric generating facilities shall, where practicable,
be located at previously developed sites. New electric generating facilities
at undeveloped sites shall be located so that future expansion will avoid
construction in critical areas, Gulf beaches, critical dunes, and washovers
to the greatest extent practicable. To the extent applicable to the public
beach, the policies in this subsection are supplemental to any further restrictions
or requirements relating to the beach access and use rights of the public.
(B)
Electric generating facilities using once-through cooling
systems shall be located and designed to have the least adverse effects practicable,
including impingement or entrainment of estuarine organisms.
(C)
Electric generating facilities shall be constructed at
sites selected to have the least adverse effects practicable on recreational
uses of CNRAs and on areas used for spawning, nesting, and seasonal migrations
of terrestrial and aquatic fish and wildlife species.
(D)
Electric transmission lines to or on Coastal Barrier Resource
System Units and Otherwise Protected Areas designated on maps dated October
24, 1990, under the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503,
on coastal barriers shall:
(i)
be located, where practicable, in existing rights-of-way
or previously disturbed areas if necessary to avoid or minimize adverse effects;
and
(ii)
be located at sites at which future expansion shall avoid
construction in critical areas, Gulf beaches, critical dunes, and washovers
to the greatest extent practicable.
(2)
The PUC shall comply with the policies in this subsection
when issuing certificates of convenience and necessity and adopting rules
under Texas Civil Statutes, Public Utility Regulatory Act, Article 1446c,
governing construction of electric generating facilities, electric transmission
lines, and associated facilities in the coastal zone.
(b)
Construction, Operation, and Maintenance of Oil and Gas
Exploration and Production Facilities.
(1)
Oil and gas exploration and production on submerged lands
shall comply with the policies in this subsection.
(A)
In or near critical areas, facilities shall be located
and operated and geophysical and other operations shall be located and conducted
in such a manner as to avoid and otherwise minimize adverse effects, including
those from the disposal of solid waste and disturbance resulting from the
operation of vessels and wheeled or tracked vehicles, whether on areas under
lease, easement, or permit or on or across access routes thereto. Where practicable,
buffer zones for critical areas shall be established and directional drilling
or other methods to avoid disturbance, such as pooling or unitization, shall
be employed.
(B)
Lessees, easement holders, and permittees shall construct
facilities in a manner that avoids impoundment or draining of coastal wetlands,
if practicable, and shall mitigate any adverse effects on coastal wetlands
impounded or drained in accordance with the sequencing requirements in this
subsection.
(C)
Upon completion or cessation of operations, lessees, easement
holders, and permittees shall remove facilities and restore any significantly
degraded areas to pre-project conditions as closely as practicable, unless
facilities can be used for maintenance or enhancement of CNRAs or unless restoration
activities would further degrade CNRAs.
(2)
To the extent applicable to the public beach, the policies
in this subsection are supplemental to any further restrictions or requirements
relating to the beach access and use rights of the public.
(3)
The GLO and SLB shall comply with the policies in this
subsection when approving oil, gas, and other mineral lease plans of operation
and granting surface leases, easements, and permits and adopting rules under
the Texas Natural Resources Code, Chapters 32, 33 and 51-53, governing oil
and gas exploration and production on submerged lands.
(c)
Discharges of Wastewater and Disposal of Waste from Oil
and Gas Exploration and Production Activities.
(1)
Disposal of oil and gas waste in the coastal zone shall
comply with the policies in this subsection.
(A)
No new commercial oil and gas waste disposal pit shall
be located in any CNRA.
(B)
Oil and gas waste disposal pits shall be designed to prevent
releases of pollutants that adversely affect coastal waters or critical areas.
(2)
Discharge of oil and gas exploration and production wastewater
in the coastal zone shall comply with the following policies.
(A)
All discharges shall comply with all provisions of surface
water quality standards established by the TNRCC under subsection (f) of this
section.
(B)
To the greatest extent practicable, new wastewater outfalls
shall be located where the discharge will not adversely affect critical areas.
Existing wastewater outfalls that adversely affect critical areas shall be
either discontinued or relocated so as not to adversely affect critical areas
within two years of the effective date of this section.
(C)
The RRC shall notify the TNRCC and the TPWD upon receipt
of an application for a new permit to discharge produced waters to waters
under tidal influence. In determining compliance with the policies in this
subsection, the RRC shall consider the effects of salinity from the discharge.
(3)
The RRC shall comply with the policies in this subsection
when issuing permits and adopting rules under the Texas Natural Resources
Code, Chapter 91, for oil and gas waste, and under Texas Water Code, Chapter
26, and the Texas Natural Resources Code, Chapter 91, for oil and gas wastewater
discharges.
(d)
Construction and Operation of Solid Waste Treatment, Storage,
and Disposal Facilities.
(1)
Construction and operation of solid waste facilities in
the coastal zone shall comply with the policies in this subsection. This subsection
applies to both new facilities and areal expansion of existing facilities.
(A)
A landfill at which hazardous waste is received for a fee
shall not be located in a critical area, critical dune area, critical erosion
area, or a 100-year floodplain of a perennial stream, delineated on a flood
map adopted by the Federal Emergency Management Agency after September 1,
1985, as zone A1-99, VO, or V1-30. This provision shall not apply to any facility
for which a notice of intent to file an application, or an application, has
been filed with the TNRCC as of September 1, 1985.
(B)
Except as provided in clauses (i) and (ii) of this subparagraph,
a hazardous waste landfill shall not be located in a special hazard area existing
before site development except in an area with a flood depth of less than
three feet. Any hazardous waste landfill within a special hazard area must
be designed, constructed, operated, and maintained to prevent washout of any
hazardous waste by a 100-year flood event.
(i)
The areal expansion of a landfill in a special hazard area
may be allowed if the applicant demonstrates that the facility design will
prevent the physical transport of any hazardous waste by a 100-year flood
event.
(ii)
A new commercial hazardous waste management facility landfill
unit may not be located in a special hazard area, unless the applicant demonstrates
that the facility design will prevent the physical transport of any hazardous
waste by a 100-year flood event.
(C)
Hazardous waste storage or processing facilities, land
treatment facilities, waste piles, and storage surface impoundments shall
not be located in special hazard areas unless they are designed, constructed,
operated, and maintained to prevent washout of any hazardous waste by a 100-year
flood event.
(D)
Hazardous waste land treatment facilities, waste piles,
storage surface impoundments, and landfills shall not be located within 1,000
feet of an area subject to active coastal shoreline erosion, if the area is
protected by a barrier island or peninsula, unless the design, construction,
and operational features of the facility will prevent adverse effects resulting
from storm surge and erosion or scouring by water. On coastal shorelines which
are subject to active shoreline erosion and which are unprotected by a barrier
island or peninsula, a separation distance from the shoreline to the facility
must be at least 5,000 feet, unless the design, construction, and operational
features of the facility will prevent adverse effects resulting from storm
surge and erosion or scouring by water.
(E)
Hazardous waste storage or processing facilities, land
treatment facilities, waste piles, storage surface impoundments, and landfills
shall not be located in coastal wetlands, or in any CNRA that is the critical
habitat of an endangered species of plant or animal unless the design, construction,
and operation features of the facility will prevent adverse effects on the
critical habitat of the endangered species.
(F)
Hazardous waste land treatment facilities, waste piles,
storage surface impoundments, and landfills shall not be located on coastal
barriers.
(G)
Hazardous waste landfills are prohibited if there is a
practicable alternative to such a landfill that is reasonably available to
manage the types and classes of hazardous waste which might be disposed at
the landfill.
(H)
The TNRCC shall not issue a permit for a new hazardous
waste management facility or the areal expansion of an existing hazardous
waste facility unless it finds that the proposed site, when evaluated in light
of proposed design, construction, and operational features, reasonably minimizes
possible contamination of coastal waters.
(I)
New solid waste facilities and areal expansion of existing
solid waste facilities shall be sited, designed, constructed, and operated
to prevent releases of pollutants that may adversely affect CNRAs and, at
a minimum, comply with standards established under the Solid Waste Disposal
Act, 42 United States Code Annotated, §§6901 et seq.
(2)
The TNRCC shall comply with the policies in this subsection
when issuing permits and adopting rules under Texas Health and Safety Code,
Chapter 361.
(e)
Prevention, Response and Remediation of Oil Spills.
(1)
The GLO regulations governing prevention of, response
to and remediation of coastal oil spills shall provide for measures to prevent
coastal oil spills and to ensure adequate response and removal actions. The
GLO regulations for certification of vessels and facilities that handle oil
shall be designed to ensure that vessels and facilities are capable of prompt
response and adequate removal of unauthorized discharges of oil. The GLO regulations
adopted pursuant to the Oil Spill Prevention and Response Act (OSPRA), Texas
Natural Resources Code, Chapter 40, shall be consistent with the State Coastal
Discharge Contingency Plan adopted pursuant to OSPRA; and the National Contingency
Plan adopted pursuant to the Federal Water Pollution Control Act, 33 United
States Code Annotated, Chapter 26.
(2)
Natural Resource Damage Assessment. GLO rules under OSPRA
governing the assessment of damages to natural resources injured as the result
of an unauthorized discharge of oil into coastal waters shall provide for
reasonable and rational procedures for assessing damages and shall take into
account the unique circumstances of the spill incident. The costs of assessing
the damages shall not be disproportionate to the value of the injured resources.
Plans for the restoration, rehabilitation, replacement or acquisition of equivalent
resources shall provide for participation by the public and shall be designed
to promote the restoration of the injured resources with all deliberate speed.
The GLO rules shall be consistent with other state rules and policies and
with the CMP goals and policies.
(f)
Discharge of Municipal and Industrial Wastewater to Coastal
Waters.
(1)
TNRCC rules shall:
(A)
comply with the requirements of the Clean Water Act, 33
United States Code Annotated, §§1251 et seq, and implementing regulations
at Code of Federal Regulations, Title 40, which include establishing surface
water quality standards in order to protect designated uses of coastal waters,
including the protection of uses for water supply, recreational purposes,
and propagation and protection of terrestrial and aquatic life, and establishing
water-quality-based effluent limits, including toxicity monitoring and specific
toxicity or chemical limits as necessary to protect designated uses of coastal
waters;
(B)
provide for the assessment of water quality on a coastal
watershed basis once every two years, as required by the Texas Water Code, §26.0135(d);
(C)
to the greatest extent practicable, provide that all permits
for the discharge of wastewater within a given watershed or region of a single
watershed contain the same expiration date in order to evaluate the combined
effects of permitted discharges on water quality within that watershed or
region;
(D)
identify and rank waters that are not attaining designated
uses and establish total maximum daily pollutant loads in accordance with
those rankings using scientifically valid models calibrated and validated
with monitored data and with public input from affected stakeholders; and
(E)
require that increases in pollutant loads to coastal waters
shall not:
(i)
impair designated uses of coastal waters; or
(ii)
result in degradation of coastal waters that exceed fishable/swimmable
quality except in cases where lowering coastal water quality is necessary
for important economic or social development.
(2)
Discharge of municipal and industrial wastewater in the
coastal zone shall comply with the following policies.
(A)
Discharges shall comply with water-quality-based effluent
limits.
(B)
Discharges that increase pollutant loadings to coastal
waters shall not impair designated uses of coastal waters and shall not significantly
degrade coastal water quality unless necessary for important economic or social
development.
(C)
To the greatest extent practicable, new wastewater outfalls
shall be located where they will not adversely affect critical areas.
(3)
The TNRCC shall comply with the policies in this subsection
when adopting rules and authorizing wastewater discharges under Texas Water
Code, Chapter 26.
(4)
The TNRCC shall consult with the Texas Department of Health
when reviewing permit applications for wastewater discharges that may significantly
adversely affect oyster reefs.
(g)
Nonpoint Source (NPS) Water Pollution.
(1)
State agencies and subdivisions with authority to manage
NPS pollution shall cooperate in the development and implementation of a coordinated
program to reduce NPS pollution in order to restore and protect coastal waters.
(2)
In an area that the TSSWCB identifies as having or having
the potential to develop agricultural or silvicultural NPS water quality problems
or an area within the coastal zone, the TSSWCB shall establish a water quality
management plan certification program that provides, through the local soil
and water conservation district, for the development, supervision, and monitoring
of voluntary individual water quality management plans for agricultural and
silvicultural lands. Each plan must be developed, maintained, and implemented
under rules and criteria adopted by the TSSWCB and discharges under such a
plan may not cause a violation of state water quality standards established
by the TNRCC. The TSSWCB's rules shall certify a plan that satisfies the TSSWCB
rules and criteria and discharges which do not cause a violation of state
water quality standards established by the TNRCC. This policy is not intended,
nor shall it be interpreted, to require the TSSWCB to establish non-voluntary
requirements for the development, maintenance, or implementation of individual
water quality management plans.
(3)
TNRCC rules under Texas Health and Safety Code, Chapter
366, governing on-site sewage disposal systems, and TNRCC rules under Texas
Water Code, Chapter 26, Subchapter I, governing underground storage tanks,
shall require that on-site disposal systems and underground storage tanks
be located, designed, operated, inspected, and maintained so as to prevent
releases of pollutants that may adversely affect coastal waters.
(4)
This policy shall not be interpreted or applied so as to
require that either a National Pollution Discharge Elimination System (NPDES)
permit for stormwater discharges issued under the Clean Water Act, §402(p),
or an NPDES permit for a concentrated animal feeding operation, requiring
no discharge up to and including a 25-year, 24-hour frequency storm, provide
additional NPS pollution control measures in addition to those required in
the permit.
(h)
Development in Critical Areas.
(1)
Dredging and construction of structures in, or the discharge
of dredged or fill material into, critical areas shall comply with the policies
in this subsection. In implementing this subsection, cumulative and secondary
adverse effects of these activities will be considered.
(A)
The policies in this subsection shall be applied in a manner
consistent with the goal of achieving no net loss of critical area functions
and values.
(B)
Persons proposing development in critical areas shall demonstrate
that no practicable alternative with fewer adverse effects is available.
(C)
In evaluating practicable alternatives, the following sequence
shall be applied:
(i)
Adverse effects on critical areas shall be avoided to the
greatest extent practicable.
(ii)
Unavoidable adverse effects shall be minimized to the
greatest extent practicable by limiting the degree or magnitude of the activity
and its implementation.
(iii)
Appropriate and practicable compensatory mitigation shall
be required to the greatest extent practicable for all adverse effects that
cannot be avoided or minimized.
(D)
Compensatory mitigation includes restoring adversely affected
critical areas or replacing adversely affected critical areas by creating
new critical areas. Compensatory mitigation should be undertaken, when practicable,
in areas adjacent or contiguous to the affected critical areas (on-site).
If on-site compensatory mitigation is not practicable, compensatory mitigation
should be undertaken in close physical proximity to the affected critical
areas if practicable and in the same watershed if possible (off-site). Compensatory
mitigation should also attempt to replace affected critical areas with critical
areas with characteristics identical to or closely approximating those of
the affected critical areas (in-kind). The preferred order of compensatory
mitigation is:
(i)
on-site, in-kind;
(ii)
off-site, in-kind;
(iii)
on-site, out-of-kind; and
(iv)
off-site, out-of-kind.
(E)
Mitigation banking is acceptable compensatory mitigation
if use of the mitigation bank has been approved by the agency authorizing
the development and mitigation credits are available for withdrawal. Preservation
through acquisition for public ownership of unique critical areas or other
ecologically important areas may be acceptable compensatory mitigation in
exceptional circumstances. Examples of this include areas of high priority
for preservation or restoration, areas whose functions and values are difficult
to replicate, or areas not adequately protected by regulatory programs. Acquisition
will normally be allowed only in conjunction with preferred forms of compensatory
mitigation.
(F)
In determining compensatory mitigation requirements, the
impaired functions and values of the affected critical area shall be replaced
on a one-to-one ratio. Replacement of functions and values on a one-to-one
ratio may require restoration or replacement of the physical area affected
on a ratio higher than one-to-one. While no net loss of critical area functions
and values is the goal, it is not required in individual cases where mitigation
is not practicable or would result in only inconsequential environmental benefits.
It is also important to recognize that there are circumstances where the adverse
effects of the activity are so significant that, even if alternatives are
not available, the activity may not be permitted regardless of the compensatory
mitigation proposed.
(G)
Development in critical areas shall not be authorized if
significant degradation of critical areas will occur. Significant degradation
occurs if:
(i)
the activity will jeopardize the continued existence of
species listed as endangered or threatened, or will result in likelihood of
the destruction or adverse modification of a habitat determined to be a critical
habitat under the Endangered Species Act, 16 United States Code Annotated, §§1531-1544;
(ii)
the activity will cause or contribute, after consideration
of dilution and dispersion, to violation of any applicable surface water quality
standards established under subsection (f) of this section;
(iii)
the activity violates any applicable toxic effluent standard
or prohibition established under subsection (f) of this section;
(iv)
the activity violates any requirement imposed to protect
a marine sanctuary designated under the Marine Protection, Research, and Sanctuaries
Act of 1972, 33 United States Code Annotated, Chapter 27; or
(v)
taking into account the nature and degree of all identifiable
adverse effects, including their persistence, permanence, areal extent, and
the degree to which these effects will have been mitigated pursuant to subparagraphs
(C) and (D) of this paragraph, the activity will, individually or collectively,
cause or contribute to significant adverse effects on:
(I)
human health and welfare, including effects on water supplies,
plankton, benthos, fish, shellfish, wildlife, and consumption of fish and
wildlife;
(II)
the life stages of aquatic life and other wildlife dependent
on aquatic ecosystems, including the transfer, concentration, or spread of
pollutants or their byproducts beyond the site, or their introduction into
an ecosystem, through biological, physical, or chemical processes;
(III)
ecosystem diversity, productivity, and stability, including
loss of fish and wildlife habitat or loss of the capacity of a coastal wetland
to assimilate nutrients, purify water, or reduce wave energy; or
(IV)
generally accepted recreational, aesthetic or economic
values of the critical area which are of exceptional character and importance.
(2)
The TNRCC and the RRC shall comply with the policies in
this subsection when issuing certifications and adopting rules under Texas
Water Code, Chapter 26, and the Texas Natural Resources Code, Chapter 91,
governing certification of compliance with surface water quality standards
for federal actions and permits authorizing development affecting critical
areas; provided that activities exempted from the requirement for a permit
for the discharge of dredged or fill material, described in Code of Federal
Regulations, Title 33, §323.4 and/or Code of Federal Regulations, Title
40, §232.3, including but not limited to normal farming, silviculture,
and ranching activities, such as plowing, seeding, cultivating, minor drainage,
and harvesting for the production of food, fiber, and forest products, or
upland soil and water conservation practices, shall not be considered activities
for which a certification is required. The GLO and the SLB shall comply with
the policies in this subsection when approving oil, gas, or other mineral
lease plans of operation or granting surface leases, easements, and permits
and adopting rules under the Texas Natural Resources Code, Chapters 32, 33
and 51-53, and Texas Water Code, Chapter 61, governing development affecting
critical areas on state submerged lands and private submerged lands, and when
issuing approvals and adopting rules under Texas Civil Statutes, Article 5421u,
for mitigation banks operated by subdivisions of the state.
(3)
Agencies required to comply with this subsection will coordinate
with one another and with federal agencies when evaluating alternatives, determining
appropriate and practicable mitigation, and assessing significant degradation.
Those agencies' rules governing authorizations for development in critical
areas shall require a demonstration that the requirements of paragraph (1)(A)-(G)
of this subsection have been satisfied.
(4)
For any dredging or construction of structures in, or discharge
of dredged or fill material into, critical areas that is subject to the requirements
of §501.15 of this title (relating to Policy for Major Actions), data
and information on the cumulative and secondary adverse affects of the project
need not be produced or evaluated to comply with this subsection if such data
and information is produced and evaluated in compliance with §501.15(b)-(c)
of this title (relating to Policy for Major Actions).
(i)
Construction of Waterfront Facilities and Other Structures
on Submerged Lands.
(1)
Development on submerged lands shall comply with the policies
in this subsection.
(A)
Marinas shall be designed and, to the greatest extent practicable,
sited so that tides and currents will aid in flushing of the site or renew
its water regularly.
(B)
Marinas designed for anchorage of private vessels shall
provide facilities for the collection of waste, refuse, trash, and debris.
(C)
Marinas with the capacity for long-term anchorage of more
than ten vessels shall provide pump-out facilities for marine toilets, or
other such measures or facilities that provide an equal or better level of
water quality protection.
(D)
Marinas, docks, piers, wharves and other structures shall
be designed and, to the greatest extent practicable, sited to avoid and otherwise
minimize adverse effects on critical areas from boat traffic to and from those
structures.
(E)
Construction of docks, piers, wharves, and other structures
shall be preferred instead of authorizing dredging of channels or basins or
filling of submerged lands to provide access to coastal waters if such construction
is practicable, environmentally preferable, and will not interfere with commercial
navigation.
(F)
Piers, docks, wharves, bulkheads, jetties, groins, fishing
cabins, and artificial reefs (including artificial reefs for compensatory
mitigation) shall be limited to the minimum necessary to serve the project
purpose and shall be constructed in a manner that:
(i)
does not significantly interfere with public navigation;
(ii)
does not significantly interfere with the natural coastal
processes which supply sediments to shore areas or otherwise exacerbate erosion
of shore areas; and
(iii)
avoids and otherwise minimizes shading of critical areas
and other adverse effects.
(G)
Facilities shall be located at sites or designed and constructed
to the greatest extent practicable to avoid and otherwise minimize the potential
for adverse effects from:
(i)
construction and maintenance of other development associated
with the facility;
(ii)
direct release to coastal waters and critical areas of
pollutants from oil or hazardous substance spills or stormwater runoff; and
(iii)
deposition of airborne pollutants in coastal waters and
critical areas.
(H)
Where practicable, pipelines, transmission lines, cables,
roads, causeways, and bridges shall be located in existing rights-of-way or
previously disturbed areas if necessary to avoid or minimize adverse effects
and if it does not result in unreasonable risks to human health, safety, and
welfare.
(I)
To the greatest extent practicable, construction of facilities
shall occur at sites and times selected to have the least adverse effects
on recreational uses of CNRAs and on spawning or nesting seasons or seasonal
migrations of terrestrial and aquatic wildlife.
(J)
Facilities shall be located at sites which avoid the impoundment
and draining of coastal wetlands. If impoundment or draining cannot be avoided,
adverse effects to the impounded or drained wetlands shall be mitigated in
accordance with the sequencing requirements of subsection (h) of this section.
To the greatest extent practicable, facilities shall be located at sites at
which expansion will not result in development in critical areas.
(K)
Where practicable, piers, docks, wharves, bulkheads, jetties,
groins, fishing cabins, and artificial reefs shall be constructed with materials
that will not cause any adverse effects on coastal waters or critical areas.
(L)
Developed sites shall be returned as closely as practicable
to pre-project conditions upon completion or cessation of operations by the
removal of facilities and restoration of any significantly degraded areas,
unless:
(i)
the facilities can be used for public purposes or contribute
to the maintenance or enhancement of coastal water quality, critical areas,
beaches, submerged lands, or shore areas; or
(ii)
restoration activities would further degrade CNRAs.
(M)
Water-dependent uses and facilities shall receive preference
over those uses and facilities that are not water-dependent.
(N)
Nonstructural erosion response methods such as beach nourishment,
sediment bypassing, nearshore sediment berms, and planting of vegetation shall
be preferred instead of structural erosion response methods.
(O)
Major residential and recreational waterfront facilities
shall to the greatest extent practicable accommodate public access to coastal
waters and preserve the public's ability to enjoy the natural aesthetic values
of coastal submerged lands.
(P)
Activities on submerged land shall avoid and otherwise
minimize any significant interference with the public's use of and access
to such lands.
(Q)
Erosion of Gulf beaches and coastal shore areas caused
by construction or modification of jetties, breakwaters, groins, or shore
stabilization projects shall be mitigated to the extent the costs of mitigation
are reasonably proportionate to the benefits of mitigation. Factors that shall
be considered in determining whether the costs of mitigation are reasonably
proportionate to the cost of the construction or modification and benefits
include, but are not limited to, environmental benefits, recreational benefits,
flood or storm protection benefits, erosion prevention benefits, and economic
development benefits.
(2)
To the extent applicable to the public beach, the policies
in this subsection are supplemental to any further restrictions or requirements
relating to the beach access and use rights of the public.
(3)
The GLO and the SLB, in governing development on state
submerged lands, shall comply with the policies in this subsection when approving
oil, gas, and other mineral lease plans of operation and granting surface
leases, easements, and permits and adopting rules under the Texas Natural
Resources Code, Chapters 32, 33 and 51-53, and Texas Water Code, Chapter 61.
(j)
Dredging and Dredged Material Disposal and Placement.
(1)
Dredging and the disposal and placement of dredged material
shall avoid and otherwise minimize adverse effects to coastal waters, submerged
lands, critical areas, coastal shore areas, and Gulf beaches to the greatest
extent practicable. The policies of this subsection are supplemental to any
further restrictions or requirements relating to the beach access and use
rights of the public. In implementing this subsection, cumulative and secondary
adverse effects of dredging and the disposal and placement of dredged material
and the unique characteristics of affected sites shall be considered.
(A)
Dredging and dredged material disposal and placement shall
not cause or contribute, after consideration of dilution and dispersion, to
violation of any applicable surface water quality standards established under
subsection (f) of this section.
(B)
Except as otherwise provided in subparagraph (D) of this
paragraph, adverse effects on critical areas from dredging and dredged material
disposal or placement shall be avoided and otherwise minimized, and appropriate
and practicable compensatory mitigation shall be required, in accordance with
subsection (h) of this section.
(C)
Except as provided in subparagraph (D) of this paragraph,
dredging and the disposal and placement of dredged material shall not be authorized
if:
(i)
there is a practicable alternative that would have fewer
adverse effects on coastal waters, submerged lands, critical areas, coastal
shore areas, and Gulf beaches, so long as that alternative does not have other
significant adverse effects;
(ii)
all appropriate and practicable steps have not been taken
to minimize adverse effects on coastal waters, submerged lands, critical areas,
coastal shore areas, and Gulf beaches; or
(iii)
significant degradation of critical areas under subsection
(h)(1)(G)(v) of this section would result.
(D)
A dredging or dredged material disposal or placement project
that would be prohibited solely by application of subparagraph (C) of this
paragraph may be allowed if it is determined to be of overriding importance
to the public and national interest in light of economic impacts on navigation
and maintenance of commercially navigable waterways.
(2)
Adverse effects from dredging and dredged material disposal
and placement shall be minimized as required in paragraph (1) of this subsection.
Adverse effects can be minimized by employing the techniques in this paragraph
where appropriate and practicable.
(A)
Adverse effects from dredging and dredged material disposal
and placement can be minimized by controlling the location and dimensions
of the activity. Some of the ways to accomplish this include:
(i)
locating and confining discharges to minimize smothering
of organisms;
(ii)
locating and designing projects to avoid adverse disruption
of water inundation patterns, water circulation, erosion and accretion processes,
and other hydrodynamic processes;
(iii)
using existing or natural channels and basins instead
of dredging new channels or basins, and discharging materials in areas that
have been previously disturbed or used for disposal or placement of dredged
material;
(iv)
limiting the dimensions of channels, basins, and disposal
and placement sites to the minimum reasonably required to serve the project
purpose, including allowing for reasonable overdredging of channels and basins,
and taking into account the need for capacity to accommodate future expansion
without causing additional adverse effects;
(v)
discharging materials at sites where the substrate is composed
of material similar to that being discharged;
(vi)
locating and designing discharges to minimize the extent
of any plume and otherwise control dispersion of material; and
(vii)
avoiding the impoundment or drainage of critical areas.
(B)
Dredging and disposal and placement of material to be dredged
shall comply with applicable standards for sediment toxicity. Adverse effects
from constituents contained in materials discharged can be minimized by treatment
of or limitations on the material itself. Some ways to accomplish this include:
(i)
disposal or placement of dredged material in a manner that
maintains physiochemical conditions at discharge sites and limits or reduces
the potency and availability of pollutants;
(ii)
limiting the solid, liquid, and gaseous components of
material discharged;
(iii)
adding treatment substances to the discharged material;
and
(iv)
adding chemical flocculants to enhance the deposition
of suspended particulates in confined disposal areas.
(C)
Adverse effects from dredging and dredged material disposal
or placement can be minimized through control of the materials discharged.
Some ways of accomplishing this include:
(i)
use of containment levees and sediment basins designed,
constructed, and maintained to resist breaches, erosion, slumping, or leaching;
(ii)
use of lined containment areas to reduce leaching where
leaching of chemical constituents from the material is expected to be a problem;
(iii)
capping in-place contaminated material or, selectively
discharging the most contaminated material first and then capping it with
the remaining material;
(iv)
properly containing discharged material and maintaining
discharge sites to prevent point and nonpoint pollution; and
(v)
timing the discharge to minimize adverse effects from unusually
high water flows, wind, wave, and tidal actions.
(D)
Adverse effects from dredging and dredged material disposal
or placement can be minimized by controlling the manner in which material
is dispersed. Some ways of accomplishing this include:
(i)
where environmentally desirable, distributing the material
in a thin layer;
(ii)
orienting material to minimize undesirable obstruction
of the water current or circulation patterns;
(iii)
using silt screens or other appropriate methods to confine
suspended particulates or turbidity to a small area where settling or removal
can occur;
(iv)
using currents and circulation patterns to mix, disperse,
dilute, or otherwise control the discharge;
(v)
minimizing turbidity by using a diffuser system or releasing
material near the bottom;
(vi)
selecting sites or managing discharges to confine and
minimize the release of suspended particulates and turbidity and maintain
light penetration for organisms; and
(vii)
setting limits on the amount of material to be discharged
per unit of time or volume of receiving waters.
(E)
Adverse effects from dredging and dredged material disposal
or placement operations can be minimized by adapting technology to the needs
of each site. Some ways of accomplishing this include:
(i)
using appropriate equipment, machinery, and operating techniques
for access to sites and transport of material, including those designed to
reduce damage to critical areas;
(ii)
having personnel on site adequately trained in avoidance
and minimization techniques and requirements; and
(iii)
designing temporary and permanent access roads and channel
spanning structures using culverts, open channels, and diversions that will
pass both low and high water flows, accommodate fluctuating water levels,
and maintain circulation and faunal movement.
(F)
Adverse effects on plant and animal populations from dredging
and dredged material disposal or placement can be minimized by:
(i)
avoiding changes in water current and circulation patterns
that would interfere with the movement of animals;
(ii)
selecting sites or managing discharges to prevent or avoid
creating habitat conducive to the development of undesirable predators or
species that have a competitive edge ecologically over indigenous plants or
animals;
(iii)
avoiding sites having unique habitat or other value,
including habitat of endangered species;
(iv)
using planning and construction practices to institute
habitat development and restoration to produce a new or modified environmental
state of higher ecological value by displacement of some or all of the existing
environmental characteristics;
(v)
using techniques that have been demonstrated to be effective
in circumstances similar to those under consideration whenever possible and,
when proposed development and restoration techniques have not yet advanced
to the pilot demonstration stage, initiating their use on a small scale to
allow corrective action if unanticipated adverse effects occur;
(vi)
timing dredging and dredged material disposal or placement
activities to avoid spawning or migration seasons and other biologically critical
time periods; and
(vii)
avoiding the destruction of remnant natural sites within
areas already affected by development.
(G)
Adverse effects on human use potential from dredging and
dredged material disposal or placement can be minimized by:
(i)
selecting sites and following procedures to prevent or
minimize any potential damage to the aesthetically pleasing features of the
site, particularly with respect to water quality;
(ii)
selecting sites which are not valuable as natural aquatic
areas;
(iii)
timing dredging and dredged material disposal or placement
activities to avoid the seasons or periods when human recreational activity
associated with the site is most important; and
(iv)
selecting sites that will not increase incompatible human
activity or require frequent dredge or fill maintenance activity in remote
fish and wildlife areas.
(H)
Adverse effects from new channels and basins can be minimized
by locating them at sites:
(i)
that ensure adequate flushing and avoid stagnant pockets;
or
(ii)
that will create the fewest practicable adverse effects
on CNRAs from additional infrastructure such as roads, bridges, causeways,
piers, docks, wharves, transmission line crossings, and ancillary channels
reasonably likely to be constructed as a result of the project; or
(iii)
with the least practicable risk that increased vessel
traffic could result in navigation hazards, spills, or other forms of contamination
which could adversely affect CNRAs;
(iv)
provided that, for any dredging of new channels or basins
subject to the requirements of §501.15 of this title (relating to Policy
for Major Actions), data and information on minimization of secondary adverse
effects need not be produced or evaluated to comply with this subparagraph
if such data and information is produced and evaluated in compliance with §501.15(b)(1)
of this title (relating to Policy for Major Actions).
(3)
Disposal or placement of dredged material in existing contained
dredge disposal sites identified and actively used as described in an environmental
assessment or environmental impact statement issued prior to the effective
date of this chapter shall be presumed to comply with the requirements of
paragraph (1) of this subsection unless modified in design, size, use, or
function.
(4)
Dredged material from dredging projects in commercially
navigable waterways is a potentially reusable resource and must be used beneficially
in accordance with this policy.
(A)
If the costs of the beneficial use of dredged material
are reasonably comparable to the costs of disposal in a non-beneficial manner,
the material shall be used beneficially.
(B)
If the costs of the beneficial use of dredged material
are significantly greater than the costs of disposal in a non-beneficial manner,
the material shall be used beneficially unless it is demonstrated that the
costs of using the material beneficially are not reasonably proportionate
to the costs of the project and benefits that will result. Factors that shall
be considered in determining whether the costs of the beneficial use are not
reasonably proportionate to the benefits include, but are not limited to:
(i)
environmental benefits, recreational benefits, flood or
storm protection benefits, erosion prevention benefits, and economic development
benefits;
(ii)
the proximity of the beneficial use site to the dredge
site; and
(iii)
the quantity and quality of the dredged material and
its suitability for beneficial use.
(C)
Examples of the beneficial use of dredged material include,
but are not limited to:
(i)
projects designed to reduce or minimize erosion or provide
shoreline protection;
(ii)
projects designed to create or enhance public beaches
or recreational areas;
(iii)
projects designed to benefit the sediment budget or littoral
system;
(iv)
projects designed to improve or maintain terrestrial or
aquatic wildlife habitat;
(v)
projects designed to create new terrestrial or aquatic
wildlife habitat, including the construction of marshlands, coastal wetlands,
or other critical areas;
(vi)
projects designed and demonstrated to benefit benthic
communities or aquatic vegetation;
(vii)
projects designed to create wildlife management areas,
parks, airports, or other public facilities;
(viii)
projects designed to cap landfills or other waste disposal
areas;
(ix)
projects designed to fill private property or upgrade
agricultural land, if cost-effective public beneficial uses are not available;
and
(x)
projects designed to remediate past adverse impacts on
the coastal zone.
(5)
If dredged material cannot be used beneficially as provided
in paragraph (4)(B) of this subsection, to avoid and otherwise minimize adverse
effects as required in paragraph (1) of this subsection, preference will be
given to the greatest extent practicable to disposal in:
(A)
contained upland sites;
(B)
other contained sites; and
(C)
open water areas of relatively low productivity or low
biological value.
(6)
For new sites, dredged materials shall not be disposed
of or placed directly on the boundaries of submerged lands or at such location
so as to slump or migrate across the boundaries of submerged lands in the
absence of an agreement between the affected public owner and the adjoining
private owner or owners that defines the location of the boundary or boundaries
affected by the deposition of the dredged material.
(7)
Emergency dredging shall be allowed without a prior consistency
determination as required in the applicable consistency rule when:
(A)
there is an unacceptable hazard to life or navigation;
(B)
there is an immediate threat of significant loss of property;
or
(C)
an immediate and unforeseen significant economic hardship
is likely if corrective action is not taken within a time period less than
the normal time needed under standard procedures. The council secretary shall
be notified at least 24 hours prior to commencement of any emergency dredging
operation by the agency or entity responding to the emergency. The notice
shall include a statement demonstrating the need for emergency action. Prior
to initiation of the dredging operations the project sponsor or permit-issuing
agency shall, if possible, make all reasonable efforts to meet with council's
designated representatives to ensure consideration of and consistency with
applicable policies in this section. Compliance with all applicable policies
in this section shall be required at the earliest possible date. The permit-issuing
agency and the applicant shall submit a consistency determination within 60
days after the emergency operation is complete.
(8)
Mining of sand, shell, marl, gravel, and mudshell on submerged
lands shall be prohibited unless there is an affirmative showing of no significant
impact on erosion within the coastal zone and no significant adverse effect
on coastal water quality or terrestrial and aquatic wildlife habitat within
any CNRA.
(9)
The GLO and the SLB shall comply with the policies in this
subsection when approving oil, gas, and other mineral lease plans of operation
and granting surface leases, easements, and permits and adopting rules under
the Texas Natural Resources Code, Chapters 32, 33, and 51-53, and Texas Water
Code, Chapter 61, for dredging and dredged material disposal and placement.
TxDOT shall comply with the policies in this section when adopting rules and
taking actions as local sponsor of the Gulf Intracoastal Waterway under Texas
Civil Statutes, Article 5415e-2. The TNRCC and the RRC shall comply with the
policies in this subsection when issuing certifications and adopting rules
under Texas Water Code, Chapter 26, and the Texas Natural Resources Code,
Chapter 91, governing certification of compliance with surface water quality
standards for federal actions and permits authorizing dredging or the discharge
or placement of dredged material. The TPWD shall comply with the policies
in this subsection when adopting rules at Chapter 57 of this title (relating
to Fisheries) governing dredging and dredged material disposal and placement.
The TPWD shall comply with the policies in paragraph (8) of this subsection
when adopting rules and issuing permits under Texas Parks and Wildlife Code,
Chapter 86, governing the mining of sand, shell, marl, gravel, and mudshell.
(k)
Construction in the Beach/Dune System.
(1)
Construction in critical dune areas and adjacent to Gulf
beaches shall comply with the policies in this subsection.
(A)
Construction within a critical dune area that results in
the material weakening of dunes and material damage to dune vegetation shall
be prohibited.
(B)
Construction within critical dune areas that does not materially
weaken dunes or materially damage dune vegetation shall be sited, designed,
constructed, maintained, and operated so that adverse "effects" (as defined
in §15.2 of this title (relating to Coastal Area Planning)) on the sediment
budget and critical dune areas are avoided to the greatest extent practicable.
For purposes of this subsection, practicability shall be determined by considering
the effectiveness, scientific feasibility, and commercial availability of
the technology or technique. Cost of the technology or technique shall also
be considered. Adverse effects (as defined in Chapter 15 of this title (relating
to Coastal Area Planning)) that cannot be avoided shall be:
(i)
minimized by limiting the degree or magnitude of the activity
and its implementation;
(ii)
rectified by repairing, rehabilitating, or restoring the
adversely affected dunes and dune vegetation; and
(iii)
compensated for on-site or off-site by replacing the
resources lost or damaged seaward of the dune protection line.
(C)
Rectification and compensation for adverse effects that
cannot be avoided or minimized shall provide at least a one-to-one replacement
of the dune volume and vegetative cover, and preference shall be given to
stabilization of blowouts and breaches and on-site compensation.
(D)
The ability of the public, individually and collectively,
to exercise its rights of use of and access to and from public beaches shall
be preserved and enhanced.
(E)
Non-structural erosion response methods such as beach nourishment,
sediment bypassing, nearshore sediment berms, and planting of vegetation shall
be preferred instead of structural erosion response methods. Subdivisions
shall not authorize the construction of a new erosion response structure within
the beach/dune system, except for a retaining wall located more than 200 feet
landward of the line of vegetation. Subdivisions shall not authorize the enlargement,
improvement, repair or maintenance of existing erosion response structures
on the public beach. Subdivisions shall not authorize the repair or maintenance
of existing erosion response structures within 200 feet landward of the line
of vegetation except as provided in §15.6(d) of this title (relating
to Concurrent Dune Protection and Beachfront Construction Standards).
(2)
The GLO shall comply with the policies in this subsection
when certifying local government dune protection and beach access plans and
adopting rules under the Texas Natural Resources Code, Chapters 61 and 63.
Local governments required by the Texas Natural Resources Code, Chapters 61
and 63, and Chapter 15 of this title (relating to Coastal Area Planning) to
adopt dune protection and beach access plans shall comply with the applicable
policies in this subsection when issuing beachfront construction certificates
and dune protection permits.
(l)
Development in Coastal Hazard Areas.
(1)
Subdivisions participating in the National Flood Insurance
Program shall adopt ordinances or orders governing development in special
hazard areas under Texas Water Code, Chapter 16, Subchapter I, and Texas Local
Government Code, Chapter 240, Subchapter Z, that comply with construction
standards in regulations at Code of Federal Regulations, Title 44, Parts 59-60,
adopted pursuant to the National Flood Insurance Act, 42 United States Code
Annotated, §4001 et seq.
(2)
Pursuant to the standards and procedures under the Texas
Natural Resources Code, Chapter 33, Subchapter H, the GLO shall adopt or issue
rules, recommendations, standards, and guidelines for erosion avoidance and
remediation and for prioritizing critical erosion areas.
(m)
Development Within Coastal Barrier Resource System Units
and Otherwise Protected Areas on Coastal Barriers.
(1)
Development of new infrastructure or major repair of existing
infrastructure within or supporting development within Coastal Barrier Resource
System Units and Otherwise Protected Areas designated on maps dated October
24, 1990, under the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503(a),
shall comply with the policies in this subsection.
(A)
Development of publicly funded infrastructure shall be
authorized only if it is essential for public health, safety, and welfare,
enhances public use, or is required by law.
(B)
Infrastructure shall be located at sites at which reasonably
foreseeable future expansion will not require development in critical areas,
critical dunes, Gulf beaches, and washover areas within Coastal Barrier Resource
System Units or Otherwise Protected Areas.
(C)
Infrastructure shall be located at sites that to the greatest
extent practicable avoid and otherwise minimize the potential for adverse
effects on critical areas, critical dunes, Gulf beaches, and washover areas
within Coastal Barrier Resource System Units or Otherwise Protected Areas
from:
(i)
construction and maintenance of roads, bridges, and causeways;
and
(ii)
direct release to coastal waters, critical areas, critical
dunes, Gulf beaches, and washover areas within Coastal Barrier Resource System
Units or Otherwise Protected Areas of oil, hazardous substances, or stormwater
runoff.
(D)
Where practicable, infrastructure shall be located in existing
rights-of-way or previously disturbed areas to avoid or minimize adverse effects
within Coastal Barrier Resource System Units or Otherwise Protected Areas.
(E)
Development of infrastructure shall occur at sites and
times selected to have the least adverse effects practicable within Coastal
Barrier Resource System Units or Otherwise Protected Areas on critical areas,
critical dunes, Gulf beaches, and washover areas and on spawning or nesting
areas or seasonal migrations of commercial, recreational, threatened, or endangered
terrestrial or aquatic wildlife.
(2)
TNRCC rules and approvals for the creation of special districts
and for infrastructure projects funded by issuance of bonds by water, sanitary
sewer, and wastewater drainage districts under Texas Water Code, Chapter 50;
water control and improvement districts under Texas Water Code, Chapter 50;
municipal utility districts under Texas Water Code, Chapter 54; regional plan
implementation agencies under Texas Water Code, Chapter 54; special utility
districts under Texas Water Code, Chapter 65; stormwater control districts
under Texas Water Code, Chapter 66; and all other general and special law
districts subject to and within the jurisdiction of the TNRCC, shall comply
with the policies in this subsection. TxDOT rules and approvals under Texas
Civil Statutes, Article 6663 et seq, governing planning, design, construction,
and maintenance of transportation projects, shall comply with the policies
in this subsection.
(n)
Development in State Parks, Wildlife management Areas or
Preserves. Development by a person other than the Parks and Wildlife Department
that requires the use or taking of any public land in such areas shall comply
with Texas Parks and Wildlife Code, Chapter 26.
(o)
Alteration of Coastal Historic Areas.
(1)
Development affecting a coastal historic area shall avoid
and otherwise minimize alteration or disturbance of the site unless the site's
excavation will promote historical, archaeological, educational, or scientific
understanding.
(2)
The THC shall comply with the policies in this subsection
when adopting rules and issuing permits under the Texas Natural Resources
Code, Chapter 191, governing alteration of coastal historic areas. The THC
shall comply with the policies in this subsection when issuing reviews under
the National Historic Preservation Act, §106 (16 United States Code Annotated, §470f),
and the regulations enacted pursuant thereto, Code of Federal Regulations,
Title 36, Chapter 1, Part 63.
(p)
Transportation Projects.
(1)
Transportation construction projects and maintenance programs
within the coastal zone shall comply with the policies in this subsection.
(A)
Pollution prevention procedures shall be incorporated into
the construction and maintenance of transportation projects to minimize pollutant
loading to coastal waters from erosion and sedimentation, use of pesticides
and herbicides for maintenance of rights-of-way, and other pollutants from
stormwater runoff.
(B)
Transportation projects shall be located at sites that
to the greatest extent practicable avoid and otherwise minimize the potential
for adverse effects from construction and maintenance of additional roads,
bridges, causeways, and other development associated with the project; and
direct release to CNRAs of pollutants from oil or hazardous substance spills,
contaminated sediments or stormwater runoff.
(C)
Where practicable, transportation projects shall be located
in existing rights-of-way or previously disturbed areas if necessary to avoid
or minimize adverse effects.
(D)
Where practicable, transportation projects shall be located
at sites at which future expansion will not require development in coastal
wetlands except where such construction is determined to be essential for
evacuation in the case of a natural disaster.
(E)
Construction and maintenance of transportation projects
shall avoid the impoundment and draining of coastal wetlands. If impoundment
or draining cannot be avoided, adverse effects to the impounded or drained
wetlands shall be mitigated in accordance with the sequencing requirements
of subsection (h) of this section.
(F)
Construction of transportation projects shall occur at
sites and times selected to have the least adverse effects practicable on
recreational uses of CNRAs and on spawning or nesting seasons or seasonal
migrations of terrestrial or aquatic species.
(G)
Beach-quality sand from maintenance of roadways adjacent
to Gulf beaches shall be beneficially used by placement on Gulf beaches where
practicable. Where placement on Gulf beaches is not practicable, the material
shall be placed in critical dune areas.
(2)
TxDOT rules and project approvals under Texas Civil Statutes,
Article 6663b and 6663c, and Texas Civil Statutes, Article 6674a et seq, governing
transportation projects within the coastal zone, shall comply with the policies
in this subsection.
(q)
Emission of Air Pollutants. TNRCC rules under Texas Health
and Safety Code, Chapter 382, governing emissions of air pollutants, shall
comply with regulations at Code of Federal Regulations, Title 40, adopted
pursuant to the Clean Air Act, 42 United States Code Annotated, §7401,
et seq, to protect and enhance air quality in the coastal area so as to protect
CNRAs and promote the public health, safety, and welfare.
(r)
Appropriations of Water.
(1)
Impoundments and diversion of state water within 200 stream
miles of the coast, to commence from the mouth of the river thence inland,
shall comply with the policies in this subsection.
(A)
The TNRCC shall administer the law so as to promote the
judicious use and maximum conservation and protection of the quality of the
environment and the natural resources of the state. It is the public policy
of the state to provide for the conservation and development of the state's
natural resources, including:
(i)
the control, storage, preservation, and distribution of
the state's storm and floodwaters and the waters of its rivers and streams
for irrigation, power, and other useful purposes;
(ii)
the reclamation and irrigation of the state's arid, semiarid,
and other land needing irrigation;
(iii)
the reclamation and drainage of the state's overflowed
land and other land needing drainage;
(iv)
the conservation and development of its forest, water,
and hydroelectric power;
(v)
the navigation of the state's inland and coastal waters;
and
(vi)
the maintenance of a proper ecological environment of
the bays and estuaries of Texas and the health of related living marine resources.
(B)
In this subsection, "beneficial inflows" means a salinity,
nutrient, and sediment loading regime adequate to maintain an ecologically
sound environment in the receiving bay and estuary system that is necessary
for the maintenance of productivity of economically important and ecologically
characteristic sport or commercial fish and shellfish species and estuarine
life upon which such fish and shellfish are dependent.
(C)
In its consideration of an application for a permit to
store, take, or divert water, the TNRCC shall assess the effects, if any,
of the issuance of the permit on the bays and estuaries of Texas. For permits
issued within an area that is 200 river miles of the coast, to commence from
the mouth of the river thence inland, the TNRCC shall include in the permit,
to the greatest extent practicable when considering all public interests,
those conditions considered necessary to maintain beneficial inflows to any
affected bay and estuary system.
(D)
For the purposes of making a determination under subparagraph
(C) of this paragraph, the TNRCC shall consider among other factors:
(i)
the need for periodic freshwater inflows to supply nutrients
and modify salinity to preserve the sound environment of the bay or estuary,
using any available information, including studies and plans specified in
and other studies considered by the TNRCC to be reliable; together with existing
circumstances, natural or otherwise, that might prevent the conditions imposed
from producing benefits;
(ii)
the ecology and productivity of the affected bay and estuary
system;
(iii)
the expected effects on the public welfare of not including
in the permit some or all of the conditions considered necessary to maintain
the beneficial inflows to the affected bay or estuary;
(iv)
the quantity of water requested and the proposed use of
water by the applicant, as well as the needs of those who would be served
by the applicant;
(v)
the expected effects on the public welfare of the failure
to issue all or part of the permit being considered; and
(vi)
for the purposes of this subsection, the declarations
as to preferences for competing uses of water as found in Texas Water Code, §11.024
and §11.033, as well as the public policy statement in subparagraph (A)
of this paragraph.
(E)
In its consideration of an application to store, take,
or divert water, the TNRCC shall consider the effect, if any, of the issuance
of the permit on existing instream uses and water quality of the stream or
river to which the application applies. The TNRCC shall also consider the
effect, if any, of the issuance of the permit on fish and wildlife habitats.
(F)
On receipt of an application for a permit to store, take,
or divert water, the TNRCC shall send a copy of the permit application and
any subsequent amendments to the TPWD. In making a final decision on any application
for a permit, the TNRCC, in addition to other information, evidence, and testimony
presented, shall consider all information, evidence, or testimony presented
by the TPWD and the TWDB.
(G)
Permit conditions relating to beneficial inflows to affected
bays and estuaries and instream uses may be suspended by the TNRCC if the
TNRCC finds that an emergency exists and cannot practically be resolved in
other ways. Before the TNRCC suspends a permit under this subparagraph, it
must give written notice to the TPWD of the proposed suspension. The TNRCC
shall give the TPWD an opportunity to submit comments on the proposed suspension
within 72 hours from such time and the TNRCC shall consider those comments
before issuing its order imposing the suspension.
(H)
In its consideration of an application for a permit under
this section, the TNRCC shall assess the effects, if any, of the issuance
of the permit on water quality in coastal waters. In its consideration of
an application for a permit to store, take, or divert water in excess of 5,000
acre feet per year, the commission shall assess the effects, if any, on the
issuance of the permit on fish and wildlife habitats and may require the applicant
to take reasonable actions to mitigate adverse effects on such habitat. In
determining whether to require an applicant to mitigate adverse effects on
a habitat, the TNRCC may consider any net benefit to habitat produced by the
project. The TNRCC shall offset against any mitigation required by the United
States Fish and Wildlife Service pursuant to Code of Federal Regulations,
Title 33, §§320-330, any mitigation authorized by this section.
(I)
Unappropriated water and other water of the state stored
in any facility acquired by and under the control of the TWDB may be released
without charge to relieve any emergency condition arising from drought, severe
water shortage, or other calamity, if the TNRCC first determines the existence
of the emergency and requests the TWDB to release the water.
(J)
Five percent of the annual firm yield of water in any reservoir
and associated works constructed with state financial participation within
200 river miles of the coast, to commence from the mouth of the river thence
inland, is appropriated to the TPWD for use to make releases to bays and estuaries
and for instream uses, and the TNRCC shall issue permits for this water to
the TPWD under procedures adopted by the TNRCC. This subparagraph applies
only to reservoirs and associated works on which construction begins on or
after September 1, 1985. This subsection does not limit or repeal any other
authority of or law relating to the TPWD or the TNRCC.
(K)
The TWDB, in coordination with the TNRCC and TPWD, shall
identify ways to assist in providing flows to meet instream needs, including
protection of water quality, protection of terrestrial or aquatic wildlife
habitat, and bay and estuary inflow needs, in the implementation of the Texas
Water Bank, Texas Water Code, Chapter 15, Subchapter K. This may include,
but not be limited to, the purchase by the TPWD and/or the TWDB of water rights
deposited in the Texas Water Bank in order to provide for existing instream
uses and beneficial inflows to bays and estuaries if funds are available and
such purchase is not prohibited by law. The TNRCC shall facilitate the approval
of any necessary permit amendments to achieve this purpose.
(L)
An applicant for a new or amended water right permit shall
submit a water conservation plan in accordance with 30 TAC §295.9 (relating
to Conservation Plan). The TNRCC shall consider the information contained
in the conservation plan in determining whether any feasible alternative to
the proposed appropriation exists, whether the proposed amount to be appropriated
as measured at the point of diversion is reasonable and necessary for the
proposed use, the term and other conditions of the water right and to ensure
that reasonable diligence will be used to avoid waste and achieve water conservation.
Based upon its review, the TNRCC may deny or grant, in whole or in part, the
requested appropriation.
(2)
The TNRCC rules and authorizations under Texas Water Code,
Chapter 11, governing review and action on applications for new permits or
amendments proposing changes to existing permits for diversions or impoundments
of state water within 200 stream miles of the coast, and TNRCC rules and approvals
governing creation of districts and issuance of district bonds for levee and
flood control projects within the coastal zone, shall comply with the policies
in this subsection.
(s)
Levee and Flood Control Projects.
(1)
Drainage, reclamation, channelization, levee construction
or modification, or flood- or floodwater-control infrastructure projects shall
be designed, constructed, and maintained to avoid the impoundment and draining
of coastal wetlands to the greatest extent practicable. If impoundment or
draining of coastal wetlands cannot be avoided, adverse effects to the wetlands
shall be mitigated in accordance with the sequencing requirements in subsection
(h) of this section.
(2)
TNRCC rules and approvals for the levee construction, modification,
drainage, reclamation, channelization, or flood- or floodwater-control projects,
pursuant to the Texas Water Code, §16.236, shall comply with the policies
in this subsection.
(t)
Marine Fishery Management.
(1)
Fishery management measures shall conserve the state's
renewable marine fishery resources, based upon the best available information,
emphasizing protection and enhancement of the marine environment in such a
manner as to provide for optimum sustained benefits and use to coastal fishing
communities and to all the people of the state for present and future generations.
(2)
Fishery management measures shall:
(A)
protect the continuing health and sustainability of the
marine fisheries resources of the state;
(B)
be based upon the best information available, including
biological, sociological, economic, and other information deemed relevant
by the council;
(C)
permit reasonable means and quantities of annual harvest,
consistent with maximum practicable sustainable stock abundance on a continuing
basis;
(D)
manage fish stocks as an integral biological unit, to the
greatest extent practicable;
(E)
assure proper quality control of marine resources that
enter commerce;
(F)
be fair and equitable to all the people of the state and,
to the maximum extent practicable, be carried out so that no person acquires
an excessive share of fishing privileges;
(G)
include opportunity for public review and comment on proposed
management measures; and
(H)
be consistent, to the maximum extent practicable, with
federal fishery management measures, rules, and fishery management plans and
the rules of other states or interstate commissions.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on August 7, 2000.
TRD-200005441
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: August 27, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-9129
The Coastal Coordination Council (Council) adopts, without changes
to the text, the proposed amendments to §505.30, relating to Agency Consistency
Determinations, §505.31, relating to Preliminary Review of Proposed Agency
Actions by the Coastal Coordination Council, §505.38, relating to Council
Action on Review of a Proposed Agency Action, and §505.51 relating to
Request for a Non-Binding Advisory Opinion and Council Action. The proposed
amendments were published in the May 19, 2000, edition of the
Texas Register
(25 TexReg 4487). The Council voted to adopt these amendments
at its regularly scheduled meeting on June 28, 2000.
These rules are adopted concurrently with amendments to Chapter 501, relating
to Coastal Management Program, and Chapter 506, relating to Council Procedures
for Federal Consistency with Coastal Management Program Goals and Policies.
Together, the amendments to Chapter 505 and Chapters 501 and 506 are part
of a single rulemaking action.
The adopted amendment to §505.30(d), relating to Agency Consistency
Determination, has deleted the requirement that an agency provide the Council
Secretary with notice of proposed actions that are subject to the Coastal
Management Program (CMP). The Council's experience in implementing and administering
the CMP has been that this provision and procedure were irrelevant and inefficient
in that the procedure did not advance the CMP goals and policies.
The adopted amendments to §505.31(c), (d) and (e), relating to the
Permitting Assistance Group, delete provisions relating to Permitting Assistance.
The permitting assistance rules are now set forth under Chapter 504, Subchapter
A. The remaining subsections (c) and (d) were reformatted for clarity.
The adopted amendment to §505.38(a), relating to Council Action on
Review of a Proposed Agency Action, clarifies that, as required under §505.35(e),
relating to Council Procedures for Review of a Proposed Agency Action, if
the Council protests a proposed action, the Council must submit its findings
to the agency or subdivision proposing the action within 26 days after the
date the agency or subdivision proposed the action.
The adopted amendment to §505.51(b), relating to Request for a Non-Binding
Advisory Opinion and Council Action, clarifies that, as required under subsection
(d) of that section, the Council must consider a general plan within 90 days
of receiving the request.
No comments were received concerning the proposed amendments to Chapter
505.
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the adopted amendments as a "major environmental rule."
Under the Government Code, a major environmental rule is a rule the specific
intent of which is to protect the environment or reduce risks to human health
from environmental exposure and that may adversely affect, in a material way,
the economy, a sector of the economy, productivity, competition, jobs, the
environment, or the public health and safety of the state or a sector of the
state. A regulatory analysis is required only when a major environmental rule
exceeds a standard set by federal law, exceeds an express requirement of state
law, exceeds a requirement of a delegation agreement or contract between the
state and an agency or representative of the federal government to implement
a state or federal program, or are adopted solely under the general powers
of the Council. The adopted amendments do not exceed a standard set by federal
law, exceed an express requirement of state law, exceed a requirement of a
delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state or federal program, nor are
the amendments adopted solely under the general powers of the Council.
The General Land Office has assisted the Council in preparing a takings
impact assessment for these adopted amendments and determined that the amendments
will not result in the taking of private real property. To receive a copy
of the takings impact assessment, please send a written request to Ms. Melinda
Tracy, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin,
Texas 78711-2873, melinda.tracy@glo.state.tx.us, facsimile (512) 463-6311.
Subchapter C. CONSISTENCY AND COUNCIL REVIEW OF PROPOSED STATE AGENCY ACTIONS
31 TAC §§505.30, 505.31, 505.38
The amendments are adopted under Texas Natural Resources Code §33.053(a)(7),
which provides the Council with authority to describe an organizational structure
for implementing and administering the CMP; §33.055 which requires that
the Council hold public hearings, as deemed appropriate, to consider amendments
to the CMP; §33.202 which provides that it is the policy of the state
to make more effective and efficient use of public funds and to provide for
more effective and efficient management of coastal natural resource areas
(CNRAs) by continually reviewing principal coastal problems of state concern
and by coordinating the performance of government programs affecting CNRAs; §33.204
which authorizes the Council to adopt by rule goals and policies for the CMP;
and §33.205 which provides that the council by rule shall establish a
process by which an applicant for a permit or other proposed action or an
agency or subdivision proposing an action may request and receive a preliminary
consistency review, and a process by which an applicant may request and receive
assistance with filing applications for permits or other proposed actions.
Natural Resources Code, §§33.053(a)(7), 33.055, 33.202, and 33.204
are affected by these adopted amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 7, 2000.
TRD-200005442
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: August 27, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-9129
31 TAC §505.51
The amendment is adopted under Texas Natural Resources Code §33.053(a)(7),
which provides the Council with authority to describe an organizational structure
for implementing and administering the CMP; §33.055 which requires that
the Council hold public hearings, as deemed appropriate, to consider amendments
to the CMP; §33.202 which provides that it is the policy of the state
to make more effective and efficient use of public funds and to provide for
more effective and efficient management of CNRAs by continually reviewing
principal coastal problems of state concern and by coordinating the performance
of government programs affecting CNRAs; and §33.204 which authorizes
the Council to adopt by rule goals and policies for the CMP.
Natural Resources Code, §§33.053(a)(7), 33.055, 33.202, and 33.204
are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on August 7, 2000.
TRD-200005443
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: August 27, 2000
Proposal publication date: May 19, 2000
For further information, please call: (512) 305-9129
Part 16.
COASTAL COORDINATION COUNCIL
Subchapter B. GOALS AND POLICIES
Chapter 505.
COUNCIL PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
Subchapter D. COUNCIL ADVISORY OPINIONS ON GENERAL PLANS
Chapter 506.
COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES