Part XVI.
Coastal Coordination Council
Chapter 504.
Coastal Management Program
Subchapter A. Permitting Assistance
31 TAC §504.1
The Coastal Coordination Council (council) adopts amendments
to §504.11, relating to the Permitting Assistance without changes to
the proposed text as published in the February 26, 1999 issue of the
The council adopts amendments to §504.1, relating to the Permitting
Assistance Group; §504.10, relating to the Scope of the Permitting Assistance
Program; and §504.13, relating to the Assistance Products and Services;
and §504.20, relating to Initiating the Preliminary Review Process, with
changes to the rule as published in the February 26, 1999, issue of the
Changes were made to §§504.1(c), 504.10(c) and 504.13(2) and
(5), and 504.20(a). These changes do not alter the substantive content of
the rule but are made to clarify meaning and to correct grammatical and numbering
errors.
This rule, which concerns the Coastal Management Program (CMP) Permitting
Assistance Program, clarifies the roles of the Permitting Assistance Group
and the Permitting Assistance Coordinator (coordinator) in resolving general
differences among agencies and otherwise improve the permitting process. The
rule also refines and clarifies the role of the coordinator regarding individual
permit applications pending before an agency. Finally, the rule includes certain
textual "cleanup" and technical revisions.
No comments were received regarding the adoption of this rule.
The General Land Office has prepared a takings impact assessment for the
adoption of this rule and has determined that the rule will not result in
a taking of private real property. To receive a copy of the takings impact
assessment, please send a written request to Ms. Carol Milner, Texas Register
Liaison, General Land Office, 1700 North Congress Avenue, Room 626, Austin,
Texas 78701-1495, facsimile number (512) 463-6311.
The amendments are adopted under the Texas Natural Resources
Code §33.205(f) and (g), which provide the council with the authority
to adopt rules regarding permitting assistance programs.
Texas Natural Resources Code §33.205(f) and (g) are affected by this
rule.
§504.1.Permitting Assistance Group.
(a)
The Permitting Assistance Group (PAG) has three functions.
(1)
The PAG provides permitting assistance to individuals and
small businesses. The purpose of the Permitting Assistance Program is to serve
as an outlet for basic permit information and to give individuals and small
businesses direct access to agency staff so that they can receive project-specific
assistance during the preapplication phase. The PAG also serves as a forum
in which agencies can discuss and resolve differences over rules, interpretations,
or policies and otherwise work to improve permitting processes.
(2)
The PAG conducts preliminary reviews of proposed permits
submitted by individuals and small businesses. The primary purpose of preliminary
reviews is to create greater predictability in permitting processes in the
following ways.
(A)-(B)
(No change)
(C)
The preliminary review process does not supplant the regular
permitting process. Because its purpose is to foster predictability and not
reach a final result, preliminary reviews may produce statements that must
be qualified because the information provided by the applicant is incomplete,
the review time is shorter, or public comment has been minimal.
(3)
The PAG provides individuals and small businesses
applying for federal licenses or permits assistance in complying with CMP
consistency requirements pursuant to 15 CFR §930.56.
(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 his or her agency is required to provide
under these rules. Council members not representing agencies may appoint a
representative to the PAG.
(c)
The land commissioner, with the advice of the public members
of the council, shall appoint a Permitting Assistance Coordinator.
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 June
29, 1999.
TRD-9903881
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: July 19, 1999
Proposal publication date: February 26, 1999
For further information, please call: (512) 305-9129
31 TAC §§504.10, 504.11, 504.13
The amendments are adopted under the Texas Natural Resources
Code §33.205(f) and (g), which provide the council with the authority
to adopt rules regarding permitting assistance programs.
Texas Natural Resources Code §33.205(f) and (g) are affected by this
rule.
§504.10.Scope of the Permitting Assistance Program.
(a)
The Permitting Assistance Program is intended to provide
assistance to individuals and small businesses. As used in this chapter, the
term small business includes cities, counties, and special districts.
(b)
Assistance will be provided to individuals and 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 subsection (c) of
this section.
(c)
Appendix A. Individual Agency or Subdivision Actions and
Equivalent Federal Actions
(1)
The Land Office, the School Land Board, or a board for
lease of state-owned lands shall comply with Texas Natural Resources Code
§33.205(a) and (b) when issuing or approving:
(A)
a mineral lease plan of operations;
(B)
a geophysical or geochemical permit;
(C)
a coastal easement;
(D)
a miscellaneous easement;
(E)
a coastal lease;
(F)
a surface lease;
(G)
a structure registration;
(H)
a cabin permit;
(I)
a navigation district lease;
(J)
certification of a local government beach access or dune
protection plan; or
(K)
an agency or subdivision wetlands mitigation bank.
(2)
The Public Utility Commission of Texas shall
comply with Texas Natural Resources Code §33.205(a) and (b) when issuing
a certificate of convenience and necessity.
(3)
The Railroad Commission of Texas shall comply with
Texas Natural Resources Code §33.205(a) and (b) when issuing:
(A)
a wastewater discharge permit;
(B)
a waste disposal or storage pit permit; or
(C)
a certification of a federal permit for the discharge of
dredge or fill material.
(4)
The Texas Transportation Commission shall comply
with Texas Natural Resources Code §33.205(a) and (b) when approving:
(A)
an acquisition of a site for the placement or disposal
of dredge material from, or the expansion, relocation, or alteration of, the
Gulf Intracoastal Waterway; or
(B)
a transportation construction project or maintenance program.
(5)
The Texas Historical Commission and the Antiquities
Committee shall comply with Texas Natural Resources Code §33.205(a) and
(b) when issuing:
(A)
a permit for destruction, alteration, or taking of a coastal
historic area; or
(B)
a review of a federal undertaking affecting a coastal historic
area.
(6)
The Texas Natural Resource Conservation Commission
shall comply with Texas Natural Resources Code §33.205(a) and (b) when
issuing or approving:
(A)
a wastewater discharge permit;
(B)
a permit for a new concentrated animal feeding operation
located one mile or less from a critical area or coastal waters;
(C)
a permit for solid or hazardous waste treatment, storage,
or disposal;
(D)
creation of a special purpose district or approval of bonds
for the purpose of construction of infrastructure on coastal barriers;
(E)
levee improvement or flood control projects;
(F)
a certification of a federal permit for the discharge of
dredge or fill material;
(G)
a declaration of an emergency and request for an emergency
release of water;
(H)
a new permit for an annual appropriation of:
(i)
5,000 or more acre-feet of water within the program boundary;
or
(ii)
10,000 or more acre-feet of water outside the program
boundary but within 200 stream miles of the coast;
(I)
an amendment to a water permit for an increase in an annual
appropriation of:
(i)
5,000 or more acre-feet of water within the program boundary;
or
(ii)
10,000 or more acre-feet of water outside the program
boundary but within 200 stream miles of the coast; or
(J)
a change in the purpose of use of an annual appropriation
of water to a more consumptive use of:
(i)
5,000 or more acre-feet of water within the program boundary;
or
(ii)
10,000 or more acre-feet of water outside the program
boundary but within 200 stream miles of the coast.
(7)
The Parks and Wildlife Commission shall
comply with Texas Natural Resources Code § 33.205(a) and (b) when issuing
or approving:
(A)
an oyster lease;
(B)
a permit for taking, transporting, or possessing threatened
or endangered species;
(C)
a permit for disturbing marl, sand, shell, or gravel on
state-owned land; or
(D)
development by a person other than the Parks and Wildlife
Commission that requires the use or taking of any public land in a state park,
wildlife management area, or preserve.
(8)
A subdivision shall comply with Texas Natural
Resources Code §33.205(a) and (b) when issuing a dune protection permit
or beachfront construction certificate that authorizes:
(A)
construction activity that is located 200 feet or less
landward of the line of vegetation and that results in the disturbance of
more than 7,000 square feet of dunes or dune vegetation;
(B)
construction activity that results in the disturbance of
more than 7,500 cubic yards of dunes;
(C)
a coastal shore protection project undertaken on a gulf
beach or 200 feet or less landward of the line of vegetation and that affects
more than 500 linear feet of gulf beach; or
(D)
a closure, relocation, or reduction in existing public
beach access or public beach access designated in an approved local government
beach access plan, other than for a short term.
(9)
An action to renew, amend, or modify an existing
permit, certificate, lease, easement, approval, or other action is not an
action under this section if the action is taken under a rule that the council
has certified under Texas Natural Resources Code §33.2052 and:
(A)
for a wastewater discharge permit, if the action is not
a major permit modification that would:
(i)
increase pollutant loads to coastal waters; or
(ii)
result in relocation of an outfall to a critical area;
(B)
for solid, hazardous, or nonhazardous waste permits, if
the action is not a Class III modification under rules of the Texas Natural
Resource Conservation Commission; or
(C)
for any other action, if the action:
(i)
only extends the period of the existing authorization and
does not authorize new or additional work or activity; or
(ii)
is not directly relevant to Texas Natural Resources Code
§33.205(a) and (b).
(10)
The council established a program boundary
to limit the geographic area in which the requirements of Texas Natural Resources
Code §33.205(a) and (b) apply. The boundary is the coastal facility designation
line as defined by Appendix 1 to 31 TAC §19.2 as that appendix existed
on the effective date of this section, as modified by Texas Natural Resources
Code §33.203(7). Except as provided by paragraph (6)(A)-(J) of this subsection,
this subchapter does not apply to an agency action authorizing an activity
outside the program boundary.
(11)
The following are the equivalent federal actions:
(A)
Environmental Protection Agency: National Pollution Discharge
Elimination System (NPDES) permits under 33 United States Code Annotated,
§1342.
(B)
United States Army Corps of Engineers: Dredge and fill
permits under 33 United States Code Annotated, §1344.
§504.13.Assistance Products and Services.
Upon the request of an individual or small business applicant, the
permitting assistance coordinator shall provide the following:
(1)
A list of permits or other approvals necessary for the
proposed activity.
(A)
This informs the individual and small business of what
agencies or subdivisions must review and approve the proposed activity.
(B)
This list may be provided through the Texas Department
of Economic Development comprehensive permit application procedure.
(2)
A simple, understandable statement of all permit
or approval requirements.
(A)
This gives the individual and small business an initial
indication of how the proposed activity must be designed, carried out, or
maintained to receive the approvals identified under paragraph (1) of this
section.
(B)
This information will be provided in the form of generic
Texas Department of Economic Development materials.
(3)
A coordinated schedule for each agency's or subdivision's
decision on the action.
(A)
This informs the individuals and small business of when
and in what order the permitting agencies or subdivisions identified under
paragraph (1) of this section will review the proposed activity and decide
to approve or disapprove the applications for the proposed activity.
(B)
This information will be provided in the form of generic
Texas Department of Economic Development materials.
(4)
A list of all information the agencies or subdivisions
need to declare the applications for the permits or other approvals administratively
complete.
(A)
This informs the individual and 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.
(B)
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.
(5)
Follow-up assistance:
(A)
The purpose of follow-up assistance is to give the individual
and small business the opportunity to obtain additional project-specific information
from the appropriate permitting agencies and subdivisions after the individuals
or small business has received the information as set forth in paragraphs
(1), (2), (3), and (4) of this section. This gives the individual and small
business the opportunity to describe the individual's or 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.
(B)
If the individual and 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.
(C)
Where possible, follow-up assistance will be provided at
locations in the coastal zone.
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 June
29, 1999.
TRD-9903882
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Effective date: July 19, 1999
Proposal publication date: February 26, 1999
For further information, please call: (512) 305-9129
Subchapter B. Small Business Permitting Assistance
Subchapter C. Preliminary Consistency Review