Part I.
General Land Office
Chapter 15.
Coastal Area Planning
Subchapter A. Management of the Beach/Dune System
31 TAC §15.11
The General Land Office proposes an amendment to §15.11,
concerning certification of local government dune protection and beach access
plans (plans). The amendment to §15.11(a)(11) is proposed to certify
the Padre Shores Ltd. Final Master Plan (Master Plan) as approved by Cameron
County and to relocate the previous certification of the Cameron County plan
into a new sub- paragraph.
On November 5, 1996, the Cameron County commissioners court by order adopted
the Master Plan as an amendment to the county's plan. In amending §15.11(a)(11),
the General Land Office certifies that the Master Plan is consistent with
state law.
The site encompassed by the Master Plan is in an area of the Texas coast
that has an historical erosion rate of 5-10 feet per year. The site is also
located in a washover area and adjacent to the public beach. Washover areas
are low areas that are adjacent to beaches and are inundated by waves and
storm tides from the Gulf of Mexico. During Tropical Storm Josephine, October
4-7, 1996, portions of the site were inundated by flood waters.
Among other construction activities authorized landward of the 440-foot
building line, the Master Plan authorizes the construction of a man-made
dune complex within the area extending from the 440-foot building line to
no farther than 20 feet seaward of that line. While this man-made dune complex
is seaward of the Master Plan area, its authorization is consistent with
31 TAC §15.7(e)(1), concerning restored dunes on public beaches. However,
once this man-made dune complex is constructed in accordance with the provisions
of the Master Plan, any artificial modifications to the man-made dune complex
are prohibited unless prior additional written approval has been issued by
the General Land Office and the Office of the Attorney General.
Ms. Caryn K. Cosper, deputy commissioner for the Resource Management Program,
has determined that for the first five-year period the rule is in effect
the fiscal implications for state or local governments as a result of enforcing
or administering the rule will be a decrease in cost because all impacts
to dunes, dune vegetation, and beach access are identified and considered
at once, with no additional dune protection permits or beachfront construction
certificates or permit-by-permit or certificate-by- certificate review required.
Ms. Cosper also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
or administering the rule will be the predictable, effective, and economical
administration of the development of the geographic area encompassed in the
Master Plan. Ms. Cosper has further determined that there will be a decrease
in cost to those small and large businesses and individuals affected by the
Master Plan because no individual beachfront construction certificates will
be required for the identified impacts to beach access and no individual
dune protection permits will be required for the identified impacts to dunes
and dune vegetation. The state and Cameron County will benefit from the certification
of the Master Plan because all impacts within the geographic scope of the
Master Plan are identified and considered at once, with no additional permit-by-permit
or certificate-by-certificate review required.
Comments may be submitted in writing to Ms. Cheli Cook, Texas General Land
Office, Legal Services Division, 1700 North Congress Avenue, Room 626, Austin,
Texas 78701-1495 (Fax: (512) 463-6311). Comments must be received no later
than 5:00 p.m. on February 10, 1997.
The amendment is proposed under the Texas Natural Resources Code,
§§63.121, 61.011, and 61.015(b), which provides the General Land
Office with the authority to: identify and protect critical dune areas; preserve
and enhance the public's right to use and have access to and from Texas'
public beaches; protect the public easement from erosion or reduction caused
by development or other activities on adjacent land; and other minimum measures
needed to mitigate for any adverse effect on public access and dune areas.
The amendment is also proposed pursuant to the Texas Natural Resources Code,
§33.601, which provides the General Land Office with the authority to
adopt rules on erosion, and the Texas Water Code, §16.321, which provides
the General Land Office with the authority to adopt rules on coastal flood
protection.
The Texas Natural Resources Code, Chapter 61, Subchapter B, §61.011
and §61.015(b), and Texas Natural Resources Code, Chapter 63, Subchapter
E, §63.121, are affected by this proposed amendment.
§15.11. Certification of Local Government Dune Protection and Beach Access Plans.
(a)
Certification of local government plans. The following
local governments have submitted plans to the General Land Office which are
certified as consistent with state law.
(1)-(10)
(No change.)
(11)
Cameron County.
(A)
Plan
(adopted September 20, 1994). The 440-foot building line established in the
Cameron County plan, Section III.I., shall not be operative unless it is
landward of the line of vegetation. The line of vegetation shall be established
as required in the Open Beaches Act, Texas Natural Resources Code, §61.017.
(B)
Padre
Shore Ltd. Final Master Plan Amendment (adopted November 5, 1996).
(b)-(f)
(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.
Issued in Austin, Texas, on December 30, 1996.
TRD-9618686
Garry Mauro
Commissioner
General Land Office
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 305-9129
Chapter 504.
Coastal Management Program
The Coastal Coordination Council (Council) proposes new §§504.1,
504.10-504.13, 504.20-504.24 and 504.30 concerning the establishment of permitting
assistance programs for the state, federal, and local permits that are subject
to the consistency requirements of the Texas Coastal Management Program (CMP).
Subchapter A describes the basic purpose of these programs. These include
the Small Business/Individual Permitting Assistance Program (described in
more detail in Subchapter B), preliminary review of state agency actions
(described in more detail in Subchapter C), and assistance with consistency
requirements for federal permits and licenses (described in more detail in
Subchapter D). It also describes the functions of the Permitting Assistance
Group, which consists of representatives of the Coastal Coordination Council
members.
Ms. Caryn K. Cosper, Deputy Commissioner for Resource Management, General
Land Office, has determined that for each year of the first five years there
will be no fiscal implications to state governments and positive implications
to local governments as a result of enforcing or administering the rule.
There will be no fiscal impact to state agencies because the permitting assistance
programs will be administered within existing state agency budgets. Fiscal
impacts to local governments will be positive because they will be eligible
to receive permitting assistance and will therefore have to expend fewer
local government resources in the course of preparing permit applications
and steering those applications through permitting processes.
Ms. Cosper also has determined that for each of the first five years the
rule will be in effect the public benefit expected will be more efficient
and effective management of coastal natural resources because the investment
of state agency resources in resolving issues with proposed projects early
in the permitting process will avoid having to resolve problems at later
stages when making changes to the project becomes more difficult or expensive,
both for the permit applicant and for the permitting agency. In addition,
there will be no economic costs to small businesses. Small businesses will
also be eligible to receive permitting assistance and will therefore have
to expend fewer resources in the course of preparing permit applications
and steering those applications through permitting processes.
Comments on the proposed rules may be submitted to Ms. Carol Milner, Texas
General Land Office, Legal Services Division, 1700 North Congress Avenue,
Room 626, Austin, Texas, 78701- 1495. Fax: (512) 463-6311. In order to be
considered comments must be received by 5:00 p.m. on February 10, 1997.
Subchapter A. Permitting Assistance
31 TAC §504.1
This chapter is proposed pursuant to the council's authority
in Texas Natural Resource Code, §33.205(f) and (g), which direct the
council to adopt these rules.
The Texas Natural Resources Code, Ann. §33.205(f) and (g) are affected
by the proposed new rule.
§504.1. Permitting Assistance Group.
(a)
The Permitting Assistance Group (PAG) has three functions.
(1)
the PAG provides permitting assistance to small businesses.
The purpose of the Small Business Permitting Assistance Program (SBPAP) is
both to serve as an outlet for basic permit information and to give small
businesses direct access to agency staff so that they can receive project-specific
assistance during the preapplication phase.
(2)
the PAG conducts preliminary reviews. The primary
purpose of preliminary reviews is to create greater predictability in permitting
processes in the following ways.
(A)
the PAG provides a forum for permit applicants and permitting
agency and subdivision staff to work together to identify and resolve problems
in the early phases of project planning and permitting.
(B)
the PAG provides a forum to identify concerns other agencies
may have with the permit. This allows the permit applicant and permitting
agency or subdivision staff to avoid delays or other problems resulting from
objections or conflicting permit requirements from other agencies.
(3)
the preliminary review process does not supplant
regular permitting processes. Its purpose is to foster predictability, not
reach a final decision. Accordingly, preliminary reviews may produce statements
or findings that must be qualified because information may be incomplete,
review times shorter, or public comment minimal.
(4)
under 15 CFR §930.56, the Council must provide
applicants for federal licenses or permits assistance regarding the CMP consistency
requirements applicable to the licenses or permits. The PAG will provide
applicants for federal licenses or permits with that assistance.
(b)
each council member representing an agency shall appoint
a representative to the PAG. Each agency's PAG representative is responsible
for providing the information that their agency is required to provide under
these rules. Council members not representing agencies may appoint a representative
to the PAG.
Issued in Austin, Texas, on December 31, 1996.
TRD-9618743
Garry Mauro
Chairman
Coastal Coordination Council
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 305-9129
31 TAC §§504.10-504.13
This chapter is proposed pursuant to the council's authority
in Texas Natural Resource Code, §33.205(f) and (g), which direct the
council to adopt these rules.
The Texas Natural Resources Code, Ann. §33.205(f) and (g) are affected
by the proposed new rule.
§504.10. Scope of the Small Business Permitting Assistance Program.
(a)
the SBAP is intended to provide assistance to small businesses.
As used in this chapter, the term small business includes cities, counties,
and special districts.
(b)
assistance will be provided to small businesses for proposed
activities in the coastal zone requiring either one or more agency or subdivision
actions subject to the Coastal Management Program (CMP) or equivalent federal
actions. These actions are listed in "Appendix A", Figure 31 TAC 504.10.
Figure: 31 TAC 504.10(b)
§504.11. Permitting Assistance Coordinator.
The permitting assistance coordinator will perform the following functions:
(1)
Administrative Function: The coordinator shall be responsible
for scheduling and conducting permitting assistance meetings between agencies'
staff and small businesses and individuals to provide follow-up assistance
and other products and services described in §504.13 of this title (relating
to Assistance Products and Services).
(2)
Reporting and Ombudsman Function: Each month, the
coordinator shall prepare and send to each council member a report containing
data documenting the volume of permitting assistance requests and the results
and effectiveness of permitting assistance activities. The coordinator shall
be responsible for notifying agencies' PAG members when an application either
cannot be completed and filed or may be denied because of a disagreement
between agencies on application or permitting requirements. The agencies'
PAG members shall be responsible for determining whether the disagreement
can be resolved within the agencies' legal authority and reporting the results
to the coordinator for inclusion in the monthly report to council members.
(3)
Outreach Function: The coordinator shall develop and
implement a plan for maximizing small businesses' and individuals' usage
of the Small Business/Individual Permitting Assistance Program, including
publicizing the program and increasing its accessibility to business groups
and other organizations in communities in all parts of the coastal zone.
The plan must be approved by the council members representing coastal citizens,
coastal businesses, coastal local governments, and agriculture.
§504.12. Initial Customer Needs Assessment.
(a)
the initial contact is responsible for conducting an assessment
of the small business's permitting assistance needs so that the small business
is directed to the appropriate source of assistance as quickly as possible.
(b)
if the small business needs assistance from only one agency
or subdivision, the initial contact will refer the small business to the
PAG representative or designated contact at that agency who will arrange
to have the permitting assistance provided. The PAG representative or designated
contact will arrange to provide the small business with whatever products
and services listed in §504.13 of this title (relating to Assistance
Products and Services) the small business needs. In order to support the
report required in §504.11(2) of this title (relating to Permitting
Assistance Coordinator), each PAG representative or designated contact will
provide the coordinator with a monthly report documenting the volume of assistance
requests and the effectiveness of the permit assistance provided by the agency.
(c)
if the small business needs assistance from more than one
agency or subdivision, the initial contact will refer the small business
to the coordinator. The coordinator will work with the appropriate PAG representatives
or designated contacts to ensure that the small business is provided with
whatever products and services listed in §504.13 (of this title) the
small business needs. The small business or other PAG representatives or
designated contacts may use the coordinator as a single point of contact
to coordinate the provision of the products or services.
§504.13. Assistance Products and Services.
(a)
a list of permits or other approvals necessary for the
proposed activity.
(1)
this informs the small business of what agencies or subdivisions
must review and approve the proposed activity.
(2)
this list will be provided through the TDOC comprehensive
permit application procedure.
(b)
a simple, understandable statement of all permit or approval
requirements.
(1)
this gives the small business an initial indication of
how the proposed activity must be designed, carried out, or maintained to
receive the approvals identified under subsection (a) of this section.
(2)
this information will be provided in the form of generic
TDOC materials.
(c)
a coordinated schedule for each agency's or subdivision's
decision on the action.
(1)
this informs the small business of when and in what order
the permitting agencies or subdivisions identified under subsection (a) of
this section will review the proposed activity and decide to approve or disapprove
the applications for the proposed activity.
(2)
this information will be provided in the form of generic
TDOC materials.
(d)
a list of all information the agencies or subdivisions
need to declare the applications for the permits or other approvals administratively
complete.
(1)
this informs the small business of the information that
must be collected and included in each application before the permitting
agencies or subdivisions can begin the review and approval process.
(2)
this is a project-specific analysis of what information
the applicant will need to supply with the applications. This analysis will,
at a minimum, describe the information needed for the application to be declared
administratively complete. It may also include additional information that
would help expedite evaluation, processing, and action on the permit or other
approval.
(e)
follow-up assistance:
(1)
the purpose of follow-up assistance is to give the small
business the opportunity to obtain additional project-specific information
from the appropriate permitting agencies and subdivisions after the small
business has received the information as set forth in subsections (a), (b)
(c) and (d) of this section. This gives the small business the opportunity
to describe the small business' needs more specifically and obtain explanations
or clarifications about what information or data to produce and include with
applications or how to complete applications.
(2)
if the small business needs follow-up assistance from
more than one agency or subdivision, the coordinator will arrange a meeting
or telephone call with the representatives of those agencies or subdivisions.
(3)
where possible, follow-up assistance will be provided
at locations in the coastal zone.
Issued in Austin, Texas, on December 31, 1996.
TRD-9618744
Garry Mauro
Chairman
Coastal Coordination Council
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 305-9129
Part XVI.
Coastal Coordination Council
Subchapter B. Small Business Permitting Assistance
Subchapter C. Preliminary Consistency Review