Part 16.
COASTAL COORDINATION COUNCIL
Chapter 501.
COASTAL MANAGEMENT PROGRAM
The Coastal Coordination Council (Council) proposes amendments to §501.3,
relating to Definitions and Abbreviations, §501.4, relating to General
Procedures, and §501.14, relating to Policies for Specific Activities
and Coastal Natural Resource Areas, as described in the following paragraphs.
These amendments are proposed concurrently with proposed 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 proposed amendments to Chapter 501 and Chapters 505 and 506
are part of a single rulemaking action.
HISTORY OF THE RULEMAKING
At its meeting in Galveston on December 2, 1999, the Council formed a work
group to consider and prepare proposed changes to the Coastal Management Program
(CMP) rules. The work group consisted of two of the publicly appointed Council
members and representatives from the Council's member agencies: Texas Parks
and Wildlife Department (TPWD), Texas Natural Resource Conservation Commission
(TNRCC), Texas Department of Transportation, Railroad Commission of Texas,
Texas State Soil and Water Conservation Board, and General Land Office. The
work group discussed federal fishery actions, management of the state's public
beaches, EPA-established Total Maximum Daily Loads (TMDLs), amendments to
bring the Council's rules up to date with changes in federal law, clarifying
amendments, and amendments that would simplify the consistency review process.
The work group prepared recommended rule revisions addressing all of these
issues except management of the state's public beaches. The recommended rule
revisions were presented at the Council's meeting in Corpus Christi on March
29, 2000, and approved by the Council for publication in the
Texas Register
as proposed amendments.
SUMMARY OF THE PROPOSED AMENDMENTS
The proposed 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 proposed amendment to §501.4(b), relating to General Procedures,
deletes 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 amendment
revises the CMP rules to conform to the Act.
The proposed 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 current 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.
Proposed §501.4(h) , relating to General Procedures, adds a new subsection
that describes general rules for the CMP Grants Program. This proposed 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
address environmental problems affecting the coastal area, to promote sustainable
economic development, 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 proposed 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 TMDLs to require the
use of scientifically valid models calibrated and validated with monitored
data and with public input from affected stakeholders.
Proposed §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). The Council asked that the
work group draft policies for fishery management measures after 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. In developing
these policies, the work group worked closely with TPWD and reviewed federal
fishery policies as well as fishery policies from Texas, Florida, and other
states. The proposed 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 is proposing the adoption
of 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 proposed
general consistency concurrence would 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 proposed general consistency concurrence may be obtained by writing
to Ms. Janet Fatheree, Secretary, Coastal Coordination Council, P.O. Box 12872,
Austin, Texas 78711-2873, janet.fatheree@glo.state.tx.us, facsimile 512/475-0680.
FINDINGS
Ms. Ashley K. Wadick, Deputy Commissioner for Resource Management has determined
that during the first five-year period the proposed amendments will be in
effect there will be no fiscal implications for state or local governments.
Ms. Wadick has determined that for each year of the first five-year period
the proposed amendments will be in effect the public benefit will result in
improved public involvement in resource management decisions and the use of
current and best available scientific data for resource management decisions.
Ms. Wadick has determined that for each year of the first five-year period
the proposed amendments will be in effect the effect on small businesses will
be neutral. Ms. Wadick has determined that for each year of the first five-year
period the proposed amendments will be in effect that there will be no economic
cost to persons who are required to comply with the amendments to the Council's
administrative policies.
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the proposed 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 proposed 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, or are
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 proposed 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.
PUBLIC COMMENT
Comments on the proposed amendments may be submitted 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. In order
to be considered, comments must be received by 5 p.m., on Monday, June 19,
2000. A public hearing on the proposed amendments will be held in conjunction
with the meeting of the Council's Executive Committee T:\WPDATA\TAC\Proposed
Filings\501prprev.docon Thursday, May 18, 2000, at 1:30 p.m. in Room 118 of
the Stephen F. Austin Building, 1700 North Congress Avenue, Austin, Texas.
For more information on the public hearing and the Executive Committee meeting,
please write 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 or visit the Council's web site at http://www.glo.state.tx.us/coastal/ccc.html.
Subchapter A. GENERAL PROVISIONS
31 TAC §501.3, §501.4
LEGAL AUTHORITY
These amendments are proposed 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 proposed amendments.
§501.3.Definitions and Abbreviations.
(a)
(No change.)
(b)
The following words, terms, and phrases, when used in this
chapter shall have the following meanings, with respect to CNRAs.
(1) - (14)
(No change.)
(15)
Water of the open Gulf of Mexico - Water in this
state, as defined by Texas Water Code, §26.001(5), that is part of the
open water of the Gulf of Mexico and that is within the territorial limits
of the state
, including fishery habitat and the fishery resources therein
.
(16)
(No change.)
(c) - (d)
(No change.)
§501.4.General Procedures.
(a)
(No change.)
(b)
The council shall meet at least four times a year, once
in each calendar quarter. [
(c) - (d)
(No change.)
(e)
Council members may set items for the agenda by submitting
them in writing to the secretary at least
21 calendar
[
(f) - (g)
(No change.)
(h)
The Council shall implement a CMP Grants
Program to award federal coastal management grant funds to coastal local governments
and other qualified entities for the planning and implementation of projects
that address environmental problems affecting the coastal area, to promote
sustainable economic development, and otherwise further the CMP goals and
policies. For each year or for each grant cycle, the Council shall promulgate
guidance for the CMP Grants Program describing the deadlines, schedule, eligibility
requirements, funding policies, and approval process.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 5, 2000.
TRD-200003162
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-9129
31 TAC §501.14
This amendment is proposed 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 proposed amendment.
§501.14.Policies for Specific Activities and Coastal Natural Resource Areas.
(a) - (e)
(No change.)
(f)
Discharge of Municipal and Industrial Wastewater to Coastal
Waters.
(1)
TNRCC rules shall:
(A) - (C)
(No change.)
(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)
(No change.)
(2) - (4)
(No change.)
(g) - (s)
(No change.)
(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 proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on May 5, 2000.
TRD-200003163
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-9129
The Coastal Coordination Council (Council) proposes 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,
as described in the following paragraphs. These amendments are proposed concurrently
with proposed 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 proposed amendments
to Chapter 505 and Chapters 501 and 506 are part of a single rulemaking action.
The preamble to the proposed amendments to Chapter 501 includes a history
of this rulemaking.
SUMMARY OF THE PROPOSED AMENDMENTS
The proposed amendment to §505.30, relating to Agency Consistency
Determinations, deletes subsection (d) which provides for publication of notice
of receipt of an application by an agency and notice to the Council Secretary.
The Council's experience in implementing and administering the Coastal Management
Program (CMP) has been that this provision is irrelevant and burdensome.
The proposed amendments to §505.31(c), (d) and (e), relating to the
Permitting Assistance Group, delete provisions that are now duplicated by
rules under Chapter 504, Subchapter A, relating to Permitting Assistance.
The remaining subsections (c) and (d) are reformatted for clarity.
The proposed amendment to §505.38(a), relating to Council Action on
Review of a Proposed Agency Action, clarifies that, 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 proposed amendment to §505.51(b), relating to Request for a Non-Binding
Advisory Opinion and Council Action, clarifies that the Council must consider
a general plan within 90 days of receiving the request.
FINDINGS
Ms. Ashley K. Wadick, Deputy Commissioner for Resource Management has determined
that during the first five-year period the proposed amendments will be in
effect there will be no fiscal implications for state or local governments.
Ms. Wadick has determined that for each year of the first five-year period
the proposed amendments will be in effect a public benefit will be provided
through a clearer statement of the Council's procedures. Ms. Wadick has determined
that for each year of the first five-year period the proposed amendments will
be in effect that there will be no effect on small businesses. Ms. Wadick
has determined that for each year of the first five-year period the proposed
amendments will be in effect that there will be no economic cost to persons
who are required to comply with these procedural amendments.
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the proposed 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 proposed 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, or are
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 proposed 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.
Comments on the proposed amendments may be submitted 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. In order
to be considered, comments must be received by 5 p.m., on Monday, June 19,
2000. A public hearing on the proposed amendments will be held in conjunction
with the meeting of the Council's Executive Committee on Thursday, May 18,
2000, at 1:30 p.m. in Room 118 of the Stephen F. Austin Building, 1700 North
Congress Avenue, Austin, Texas. For more information on the public hearing
and the Executive Committee meeting, please write 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 or visit the Council's web site at http://www.glo.state.tx.us/coastal/ccc.html.
Subchapter C. CONSISTENCY AND COUNCIL REVIEW OF PROPOSED STATE AGENCY ACTIONS
31 TAC §§505.30, 505.31, 505.38
LEGAL AUTHORITY
These amendments are proposed 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;
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 these proposed amendments.
§505.30.Agency Consistency Determination.
(a) - (c)
(No change.)
(d)
When publishing notice of receipt of an application or
request for agency proposed action, the agency shall include a statement that
the application or requested action is subject to the CMP and must be consistent
with the CMP goals and policies. [
(e)
(No change)
§505.31.Preliminary Review of Proposed Agency Actions by the Coastal Coordination Council.
(a) - (b)
(No change.)
(c)
[
[
The Permitting Assistance Group shall be
convened as directed by the council or as necessary to respond to a request
for preliminary consistency review.
[
After considering the public comments
received and within 45 days of receipt of a request for preliminary consistency
review, the Permitting Assistance Group shall require that the following written
information be produced:
(1)
[
(2)
[
(3)
[
(4)
[
(d)
[
[
[
[
[
[
[
[
If an agency, subdivision, or applicant
has received a preliminary finding of consistency under subsection
(c)(3)
[
§505.38.Council Action on Review of a Proposed Agency Action.
(a)
The council may affirm or protest an agency's proposed
action. A proposed action is consistent with the CMP goals and policies and
approved by the council unless the council determines the proposed action
to be inconsistent with the CMP and protests the proposed action. If the
council protests the proposed action, the council shall report its findings
in writing to the agency or subdivision
within 26 days after the date
the agency or subdivision proposed the action
. The report shall:
(1) - (2)
(No change.)
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 5, 2000.
TRD-200003164
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-9129
31 TAC §505.51
The amendment is proposed 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 proposed amendment.
§505.51.Request for a Non-Binding Advisory Opinion and Council Action.
(a)
(No change.)
(b)
The request for an advisory opinion shall be submitted
in writing to the council secretary. The council secretary shall forward copies
of the request to all council members. The council shall consider the general
plan
within 90 days of receiving the request
[
(c) - (e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on May 5, 2000.
TRD-200003165
Larry Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 305-9129
Council meetings shall be scheduled for February,
May, August, and November.
] The chair or any three members of the council
may call special meetings by sending a written request to the council secretary
to post notice in accordance with the Texas Open Meetings Act, Texas Government
Code, Title 5, Subtitle A, Chapter 551, and sending a copy of the request
to all council members.
14
] days before a meeting except that proposed actions that are the subject
of a significant unresolved consistency dispute shall be placed on the agenda
as provided in §505.34 and §505.66 of this title (relating to Referral
of a Proposed Individual Agency Action to the Council for Consistency Review
and Referral of Subdivision Actions to the Council for Consistency Review).
The secretary shall notify all council members of the agenda by certified
or overnight mail, hand-delivery,
electronic mail,
or telefax at
least ten
calendar
days before each meeting. The secretary shall
notify the public of meetings as required by the Texas Open Meetings Act,
Texas Government Code, Title 5, Subtitle A, Chapter 551.
Subchapter B. GOALS AND POLICIES
Chapter 505.
COUNCIL PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
The agency shall include the council
secretary on any public notice list maintained by the agency for proposed
actions subject to the CMP. Upon proposal of an action listed on §505.11(a)
of this title (relating to Actions and Rules Subject to the Coastal Management
Program), the agency shall provide to the council secretary a one-page notice
that an action subject to the CMP has been proposed.
]
The council shall create a Permitting Assistance
Group. The Permitting Assistance Group shall be composed of representatives
of council member agencies and other interested council members.
]
(1)
]
(2)
]
(A)
] a statement from each
agency or subdivision required to permit or approve the project as to whether
the agency or subdivision anticipates approving or denying the application;
(B)
] if an agency or subdivision
intends to deny an application, the agency's or subdivision's explanation
of the grounds for denial and recommendations for resolving the grounds in
a way that would allow the application to be approved;
(C)
] if enough information
is already available, a preliminary finding as to whether the project is likely
to be found consistent with the CMP goals and policies; and
(D)
] if the project is likely
to be found inconsistent with the CMP goals and policies, an explanation and
recommendation for resolving the inconsistency in a way that would allow the
project to be found consistent.
An individual or small business may request and receive
assistance with filing applications for permits or other proposed actions
described by §505.11(a) of this title (relating to Actions and Rules
Subject to the Coastal Management Program). The Permitting Assistance Group
shall coordinate preapplication assistance and shall provide to an individual
or a small business on request:
]
(1)
a list of the permits or other approvals
necessary for the project;
]
(2)
a simple, understandable statement
of all permit requirements;
]
(3)
a coordinated schedule for each agency's
or subdivision's decision on the action;
]
(4)
a list of all the information the
agencies or subdivisions need to declare an application for a permit or other
approval administratively complete;
]
(5)
assistance in completing the applications
as needed; and
]
(6)
if enough information is already
available, and after considering all public comments, a preliminary finding
as to whether the project is likely to be found consistent with the CMP goals
and policies.
]
(e)
]
(c)(2)(C) or (d)(6)
] of this section and a request for
referral was filed on that action alleging a significant unresolved dispute
regarding the proposed action's consistency, the council may accept the request
for referral only if the agency or subdivision has substantially changed the
permit or proposed action since the preliminary finding was issued.
Subchapter D. COUNCIL ADVISORY OPINIONS ON GENERAL PLANS
at the first
reasonable opportunity
].
Chapter 506.
COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES