Part 16.
COASTAL COORDINATION COUNCIL
Chapter 501.
COASTAL MANAGEMENT PROGRAM
Subchapter A. GENERAL PROVISIONS
31 TAC §501.3, §501.4
The Coastal Coordination Council (Council) proposes amendments
to §501.3, relating to Definitions and Abbreviations and §501.4,
relating to General Procedures. The Council proposed these amendments to conform
the Council's rules to revisions to the Coastal Coordination Act (Act).
During the 77th legislative session, the Legislature amended the Coastal
Coordination Act as a result of the scheduled review of the Council under
the Texas Sunset Act. Texas Government Code Annotated, §325.001 through §325.024.
The proposed amendments to §501.3, Definitions and Abbreviations, and §501.4,
General Provisions, are intended to implement the amendments to §33.204
of the Act, relating to Administration of the Coastal Management Program (CMP),
and the addition of §33.2041, relating to Composition of the Council;
Terms. The proposed amendment to §501.3(c) adds "Sea Grant" as the abbreviation
for the Texas Sea Grant College Program, the Director of which was added as
a non-voting member of the Council. The proposed amendments to §501.4(b)
require that the Council set aside time at each regularly scheduled meeting
to receive public comment on any matter under the Council's jurisdiction,
codifying the Council practice of allowing public comment on any matter of
coastal concern, and clarify that only Council members eligible to vote may
call special meetings. The proposed amendment to §501.4(e) clarifies
that any Council member, including the Director of the Texas Sea Grant College
Program, may set items on the Council agenda. The proposed amendment to §501.4(f)
reflects that the Director of the Texas Sea Grant College Program is a non-voting
member and is not counted for purposes of the two-thirds majority voting requirement
necessary to protest consistency findings. Finally, the proposed amendment
to §501.4(h) expands the Council's mandate to implement a grants program
by allowing the Council to grant funds other than CMP funds provided by NOAA.
Ms. Ashley K. Wadick, deputy commissioner for the General Land Office Resource
Management Program Area, has determined that during the first five-year period
the proposed rulemaking will be in effect, there will be no fiscal implications
for state or local governments. Ms. Wadick has determined that during the
first five-year period the proposed rulemaking will be in effect, the public
benefit will be improved public involvement in resource management decisions
and greater conformance with relevant statutes. There will be no effect on
small businesses or local economies. Ms. Wadick has determined that during
the first five-year period the proposed rulemaking will be in effect, there
will be no economic cost to persons who are required to comply with the rulemaking.
The proposed amendments relating to definitions and abbreviations and to
general procedures for the Council will have no impact on private real property
interests. Consequently, no takings impact assessment is required pursuant
to the Texas Government Code, §2007.043, and the Private Real Property
Rights Preservation Act Guidelines, published at 21 TexReg 387 (1996) and
amended at 25 TexReg 8087 (2000).
Comments may be submitted to Ms. Melinda Tracy, Texas Register Liaison,
General Land Office, P.O. Box 12873, Austin, Tx., 78711-2873, melinda.tracy@glo.state.tx.us,
facsimile (512) 463-6311. In order to be considered, comments must be received
by no later than 30 days from the date of publication. A public hearing on
the proposed rulemaking will be held upon request.
This rulemaking is proposed under Texas Natural Resources Code,
Chapter 33, §33.051, which authorizes the Council and the Land Office
to perform the duties provided in Subchapter C; §33.052, which authorizes
the commissioner to develop a continuing comprehensive CMP; §33.053,
which sets out the elements of the CMP, including a description of the organizational
structure for implementing and administering the CMP; §33.054, which
allows the Commissioner of the General Land Office to review and amend the
CMP; and §33.055, which requires the Council to hold public hearings,
as deemed appropriate, to consider amendments to the CMP.
Texas Natural Resources Code §§33.051, 33.052, 33.053, 33.054,
and 33.055 are affected by this rulemaking.
§501.3.Definitions and Abbreviations.
(a)
The following words, terms, and phrases, when used in this
chapter, shall have the following meanings, unless the context clearly indicates
otherwise.
(1)
Adverse effects or adversely affect--Effects that result
in the physical destruction or detrimental alteration of a CNRA. Such detrimental
alterations are:
(A)
construction in critical dune areas and coastal hazard
areas that increase risks to human safety or the potential for damage to property
or CNRAs from floods, hurricanes, or other storms;
(B)
alterations that interfere with public use and enjoyment
of, or access to and from, those CNRAs to which the public has a right of
use, enjoyment, or access;
(C)
alterations that damage or destroy coastal historic areas;
(D)
alterations that harm the functions and values of CNRAs
as habitat for terrestrial and aquatic wildlife;
(E)
alterations that disrupt wildlife corridors or fish or
bird migratory routes;
(F)
discharges of pathogens, radioactive materials, dissolved
minerals or solids, toxic substances, or suspended solids at levels harmful
to humans or terrestrial or aquatic life or that significantly impair the
aesthetic qualities of CNRAs;
(G)
alterations of salinity regimes, nutrient supply, oxygen
concentration, or temperature regimes in coastal waters that are harmful to
terrestrial or aquatic life;
(H)
alterations of hydrology, water flow, circulation patterns,
water level, or surface drainage that are harmful to humans or terrestrial
or aquatic life, impair the aesthetic qualities of CNRAs, or exacerbate erosion
of shorelines or river deltas;
(I)
alterations of littoral and sediment transport processes
that reduce the supply of sediments available to those processes or would
otherwise exacerbate erosion of shorelines or river deltas;
(J)
alterations that increase losses of shore areas or other
CNRAs from a rise in sea level with respect to the surface of the land, whether
caused by actual sea-level rise or land surface subsidence; and
(K)
emission of air pollutants at levels that are harmful to
humans or terrestrial or aquatic life or that significantly impair the aesthetic
qualities of CNRAs.
(2)
Avoid and otherwise minimize--To avoid adverse effects
to the greatest extent practicable. Adverse effects that cannot be avoided
must then be minimized to the greatest extent practicable.
(3)
Coastal zone--The area within the boundary established
in §503.1 of this title (relating to Coastal Management Program Boundary).
(4)
Coastal hazard areas--Special hazard areas and critical
erosion areas.
(5)
Coastal natural resource area (CNRA)--Any area defined
in Texas Natural Resources Code, §33.203(1) that is located within the
coastal zone.
(6)
Coastal waters--Waters under tidal influence and waters
in the open Gulf of Mexico.
(7)
Council--The Coastal Coordination Council.
(8)
Critical areas--A coastal wetland, an oyster reef, a hard
substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat.
(9)
Cumulative adverse effects--Adverse effects increasing
in significance due to the collective effects of a number of actions.
(10)
Pollutant--Any constituent that contaminates or alters
the physical, thermal, chemical, or biological quality of any CNRA so as to
be harmful, detrimental, or injurious to humans, animal life, vegetation,
or property or to the public health, safety, or welfare or that impairs the
usefulness or the public enjoyment of CNRAs for any lawful purpose.
(11)
Practicable--Available and capable of being done after
taking into consideration existing technology, cost, and logistics in light
of the overall purpose of the activity.
(12)
Public beach--Any public beach as defined in the Texas
Natural Resources Code, §61.013(c).
(13)
Secondary adverse effects--Adverse effects which would
result from a proposed action and cause significant modifications or alterations
to the physical or chemical characteristics of coastal natural resource areas
beyond the limit of the immediate project area.
(14)
Water-dependent use or facility--An activity or facility
that must be located in coastal waters or on submerged lands or that must
have direct access to coastal waters in order to serve its basic purpose and
function. Facilities that are water-dependent include, but are not limited
to, public beach use and access facilities, boat slips, docks, breakwaters,
marinas, wharves and other vessel loading or off-loading facilities, utility
easements, boat ramps, navigation channels and basins, bridges and bridge
approaches, revetments, shoreline protection structures, culverts, groins,
saltwater barriers, navigational aids, mooring pilings, simple access channels,
fish processing plants, boat construction and repair facilities, offshore
pipelines and constructed wetlands below mean high water. Activities that
are water-dependent include, but are not limited to, marine recreation (fishing,
swimming, boating, wildlife viewing), industrial uses dependent on marine
transportation or requiring large volumes of water that cannot be obtained
at inland sites, mariculture, exploration for and production of oil and gas
under coastal waters or submerged lands, and certain meteorological and oceanographic
activities.
(b)
The following words, terms, and phrases, when used in this
chapter shall have the following meanings, with respect to CNRAs.
(1)
Coastal barrier--An undeveloped area on a barrier island,
peninsula, or other protected area, as designated by United States Fish and
Wildlife Service maps.
(2)
Coastal historic area--A site that is specially identified
in rules adopted by the Texas Historical Commission as being coastal in character
and that is:
(A)
a site on the National Register of Historic Places, designated
under 16 United States Code, §470a and 36 Code of Federal Regulations,
Part 63, Chapter 1; or
(B)
a state archaeological landmark, as defined by Texas Natural
Resources Code, Subchapter D, Chapter 191.
(3)
Coastal preserve--Any land, including a park or wildlife
management area, that is owned by the state and that is subject to Chapter
26, Parks and Wildlife Code, because it is a park, recreation area, scientific
area, wildlife refuge, or historic site; and designated by the Texas Parks
and Wildlife Commission as being coastal in character.
(4)
Coastal shore area--An area within 100 feet landward of
the high water mark on submerged land.
(5)
Coastal wetlands--Wetlands, as the term is defined by Texas
Water Code, §11.052, located:
(A)
seaward of the Coastal Facility Designation Line, established
by rules adopted under Texas Natural Resources Code, Chapter 40;
(B)
within rivers and streams to the extent of tidal influence,
as shown on the Texas Natural Resource Conservation Commission's stream segment
maps and described as follows:
(i)
Arroyo Colorado from FM Road 1847 to a point 100 meters
(110 yards) downstream of Cemetery Road south of the Port of Harlingen in
Cameron County;
(ii)
Nueces River from US Highway 77 to the Calallen Dam 1.7
kilometers (1.1 miles) upstream of U.S. Highway 77 in Nueces/San Patricio
County;
(iii)
Guadalupe River from State Highway 35 to the Guadalupe-Blanco
River Authority Salt Water Barrier at 0.7 kilometers (0.4 miles) downstream
of the confluence with the San Antonio River in Calhoun/Refugio County;
(iv)
Lavaca River from FM Road 616 to a point 8.6 kilometers
(5.3 miles) downstream of US Highway 59 in Jackson County;
(v)
Navidad River from FM Road 616 to Palmetto Bend Dam in
Jackson County;
(vi)
Tres Palacios Creek from FM Road 521 to a point 0.6 kilometer
(0.4 mile) upstream of the confluence with Wilson Creek in Matagorda County;
(vii)
Colorado River from FM Road 521 to a point 2.1 kilometers
(1.3 miles) downstream of the Missouri-Pacific Railroad in Matagorda County;
(viii)
San Bernard River from FM Road 521 to a point 3.2 kilometers
(2.0 miles) upstream of State Highway 35 in Brazoria County;
(ix)
Chocolate Bayou from FM Road 2004 to a point 4.2 kilometers
(2.6 miles) downstream of State Highway 35 in Brazoria County;
(x)
Clear Creek from Interstate Highway 45 to a point 100 meters
(110 yards) upstream of FM Road 528 in Galveston/Harris County;
(xi)
Buffalo Bayou (Houston Ship Channel) from Interstate Highway
610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris
County;
(xii)
San Jacinto River from Interstate Highway 10 upstream
to the Lake Houston dam in Harris County;
(xiii)
Cedar Bayou from Interstate Highway 10 to a point 2.2
kilometers (1.4 miles) upstream of Interstate Highway 10 in Chambers/Harris
County;
(xiv)
Trinity River from Interstate Highway 10 to the border
between Chambers and Liberty Counties;
(xv)
Neches River from Interstate Highway 10 to a point 11.3
kilometers (7.0 miles) upstream of Interstate Highway 10 in Orange County;
(xvi)
Sabine River from Interstate Highway 10 upstream to Morgan
Bluff in Orange County; or
(C)
within one mile of the mean high tide line of the portion
of rivers and streams described by subparagraph (B) of this paragraph, except
for the Trinity and Neches rivers.
(i)
For the portion of the Trinity River described by subparagraph
(B) of this paragraph, coastal wetlands include those wetlands located between
the mean high tide line on the western shoreline of that portion of the river
and FM Road 565 and FM Road 1409 or located between the mean high tide line
on the eastern shoreline of that portion of the river and FM Road 563.
(ii)
For the portion of the Neches River described by subparagraph
(B) of this paragraph, coastal wetlands include those wetlands located within
one mile of the mean high tide line of the western shoreline of that portion
of the river or located between the mean high tide line on the eastern shoreline
of that portion of the river and FM Road 105.
(6)
Critical dune area--A protected sand dune complex on the
Gulf shoreline within 1,000 feet of mean high tide designated by the land
commissioner under Texas Natural Resource Code, §63.121.
(7)
Critical erosion area--An area designated by the land commissioner
under Texas Natural Resources Code, §33.601(b).
(8)
Gulf beach--A beach bordering the Gulf of Mexico that is:
(A)
located inland from the mean low tide line to the natural
line of vegetation bordering the seaward shore of the Gulf of Mexico; or
(B)
part of a contiguous beach area to which the public has
a right of use or easement:
(i)
continuously held by the public; or
(ii)
acquired by the public by prescription, dedication, or
estoppel.
(9)
Hard substrate reef--A naturally occurring hard substrate
formation, including a rock outcrop or serpulid worm reef, living or dead,
in an intertidal or subtidal area.
(10)
Oyster reef--A natural or artificial formation that is:
(A)
composed of oyster shell, live oysters, and other living
or dead organisms;
(B)
discrete, contiguous, and clearly distinguishable from
scattered oyster shell or oysters; and
(C)
located in an intertidal or subtidal area.
(11)
Special hazard area--An area designated under 42 United
States Code Annotated, §4001 et seq, as having special flood, mudslide
or mudflow, or flood-related erosion hazards and shown on a Flood Hazard Boundary
Map or Flood Insurance Rate Map as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30,
VE, V, M, or E.
(12)
Submerged land--Land located under waters under tidal
influence or under waters of the open Gulf of Mexico, without regard to whether
the land is owned by the state or a person other than the state.
(13)
Submerged aquatic vegetation--Rooted aquatic vegetation
growing in permanently inundated areas in estuarine and marine systems.
(14)
Tidal sand or mud flat--A silt, clay, or sand substrate,
without regard to whether it is vegetated by algal mats, that occur in intertidal
areas and that are regularly or intermittently exposed and flooded by tides,
including tides induced by weather
(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)
Water under tidal influence--Water in this state, as defined
by Texas Water Code, §26.001(5), that is subject to tidal influence according
to the Texas Natural Resource Conservation Commission's stream segment map.
The term includes coastal wetlands.
(c)
The following abbreviations, when used in this chapter,
shall have the following meanings.
(1)
GLO--General Land Office;
(2)
PUC--Public Utility Commission;
(3)
RRC--Railroad Commission of Texas;
(4)
Sea Grant--Texas Sea Grant
College Program;
(5)
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(6)
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(7)
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(8)
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(9)
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(10)
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(11)
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(d)
To the extent that reference is made to statutory or regulatory
terms or phrases which are not defined in this chapter, such terms and phrases
retain the meaning provided in the pertinent agency or political subdivision
policies or regulations.
§501.4.General Procedures.
(a)
The commissioner of the GLO chairs the council and conducts
all meetings. The council may select a vice chair who shall serve in the chair's
absence.
(b)
The council shall meet at least four times a year, once
in each calendar quarter.
The council shall set aside time at each regularly
scheduled meeting for public comment on any issue under the jurisdiction of
the council.
The chair or any three members of the council
who
are eligible to vote
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.
(c)
Each council member shall appoint a person to represent
the member on an executive committee. The executive committee shall meet regularly
in the interim between regular council meetings to coordinate implementation
of council directives and review of policies, issues, or other matters that
will or may be subject to council deliberation. The representative of the
commissioner chairs the committee. The executive committee shall consider
any matter a committee member refers to the committee.
(d)
The chair shall appoint a council secretary. The secretary
shall record the minutes of the meetings and perform other duties required
by the council or this chapter.
(e)
Any council
[
(f)
A majority of the council members eligible to vote shall
constitute a quorum and must be present for council action. To protest the
consistency of a proposed state action listed in §505.11(a) of this title
(relating to Actions Subject to the Coastal Management Program), a federal
action listed in §506.12 of this title (relating to Federal Actions Subject
to the Coastal Management Program), or a subdivision action listed in §505.60
of this title (relating to Review of Local Actions) shall require an affirmative
vote of two-thirds of all council members
who are eligible to vote.
For all other actions, the council may act if a majority of a quorum agrees
to the action.
(g)
Time periods in this chapter do not include the day of
the act or event that activates the time period. If the last day of the time
period is a Saturday, Sunday, or legal holiday, the time period is considered
to end the next day subsequent that is not a Saturday, Sunday, or legal holiday.
(h)
The
council
[
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 January 11, 2002.
TRD-200200133
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 305-9129
Subchapter A. PURPOSE AND POLICY AND STATE AGENCY ACTIONS SUBJECT TO THE COASTAL MANAGEMENT PROGRAM
31 TAC §505.11
The Coastal Coordination Council (Council) proposes an amendment
to §505.11, relating to Actions and Rules Subject to the Coastal Management
Program.
The proposed amendment deletes §505.11(a)(6)(K), relating to Actions
and Rules Subject to the Coastal Management Program. The deletion of references
to the Trans-Texas Water Program Management Committee reflects changes to
state water planning laws as a result of the passage of Senate Bill 1 during
the 1997 legislative session. Acts of the 75th Leg., R.S., Ch. 1010, page
3610, 1997.
Ms. Ashley K. Wadick, deputy commissioner for the General Land Office Resource
Management Program Area, has determined that during the first five-year period
the proposed rulemaking will be in effect, there will be no fiscal implications
for state or local governments. There will be no effect on small businesses
or local economies. Ms. Wadick has determined that during the first five-year
period the proposed rulemaking will be in effect, the public benefit will
be greater conformance with existing statutes. Ms. Wadick has determined that
during the first five-year period the proposed rulemaking will be in effect,
there will be no economic cost to persons who are required to comply with
the rulemaking.
The proposed amendment relating to the deletion of language pertaining
to the Trans-Texas Water Program Policy Management Committee (resulting from
changes in state water planning laws) will have no impact on private real
property interests. Consequently, no takings impact assessment is required
pursuant to the Texas Government Code, §2007.043 and the Private Real
Property Rights Preservation Act Guidelines, published at 21 Tex.Reg. 387
(1996) and amended at 25 Tex.Reg. 8087 (2000).
Comments may be submitted to Ms. Melinda Tracy, Texas Register Liaison,
General Land Office, P.O. Box 12873, Austin, Tx, 78711-2873, melinda.tracy@glo.state.tx.us,
facsimile (512) 463-6311. In order to be considered, comments must be received
by no later than 30 days from the date of publication.
This rulemaking is proposed under Texas Natural Resources Code
Chapter 33, §33.054, which allows the Commissioner of the General Land
Office to review and amend the Coastal Management Program.
Texas Natural Resources Code § 33.054 is affected by this rulemaking.
§505.11.Actions and Rules Subject to the Coastal Management Program.
(a)
For purposes of this chapter and Chapter 501 of this title
(relating to Coastal Management Program), the following is an exclusive list
of proposed individual agency actions that may adversely affect a coastal
natural resource area (CNRA) and that therefore must be consistent with the
CMP goals and policies:
(1)
for the land office, the School Land Board, or a board
for lease of state-owned lands when issuing or approving:
(A)
a mineral lease plan of operations;
(B)
a geophysical or geochemical permit;
(C)
a miscellaneous easement;
(D)
a surface lease;
(E)
a structure registration;
(F)
a coastal easement;
(G)
a coastal lease;
(H)
a cabin permit;
(I)
a navigation district lease;
(J)
certification of a subdivision beach access or dune protection
plan; or
(K)
an agency or subdivision wetlands mitigation bank.
(2)
for the Public Utility Commission of Texas (PUC) when issuing
a certificate of convenience and necessity.
(3)
for the Railroad Commission of Texas (RRC) 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)
for the Texas Transportation Commission 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)
an environmental document for a transportation construction
project or maintenance program.
(5)
for the Texas Historical Commission (THC) 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)
for the Texas Natural Resource Conservation Commission
(TNRCC) 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
to construct 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 the 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;
(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)
for the Texas Parks and Wildlife Department (TPWD) 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 TPWD that requires
the use or taking of any public land in a state park, wildlife management
area or preserve.
(b)
For purposes of this chapter and Chapter 501 of this title
(relating to the Coastal Management Program), the following is an exclusive
list of proposed agency rulemaking actions that must be consistent with the
CMP goals and policies:
(1)
a land office rule governing the prevention of, response
to, or remediation of a coastal oil spill;
(2)
TNRCC rules governing air pollutant emissions, on-site
sewage disposal systems, or underground storage tanks;
(3)
a State Soil and Water Conservation Board rule governing
agricultural or silvicultural nonpoint source pollution;
(4)
any rule governing an individual action described in subsection
(a) of this section, including thresholds for referral.
(c)
An agency's promulgation of rules governing or authorizing
actions listed in subsection (a) or (b) of this section constitutes an action
subject to the CMP as provided in Subchapter B of this chapter (relating to
Council Certification of State Agency Rules and Approval of Thresholds for
Referral).
(d)
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 pursuant to rules that the council has
certified as consistent under Subchapter B of this title (relating to Council
Certification of State Agency Rules and Approval of Thresholds for Referral)
and:
(1)
for a wastewater discharge permit, if the action is not
a major permit modification that would increase pollutant loads to coastal
waters or would result in relocation of an outfall to a critical area;
(2)
for solid and hazardous waste permits, if the action is
not a Class III modification as defined in TNRCC rules; or
(3)
for any other action, if the action only extends the time
period of the existing authorization without authorizing new or additional
work or activities or is not directly relevant to the CMP goals and policies.
(e)
Whenever more than one state agency is involved in issuing
a consistency determination for a single project, consideration should be
given to the preparation of one consistency determination for all state agencies
involved.
(1)
Where multiple state consistency determinations are required,
state agencies should consider coordinated preparation of the consistency
determinations or designation of a lead agency for development of a single
consistency determination. In the case where a single consistency determination
will be prepared, such determination must be completed before final action
is taken on any permit or authorization listed in subsection (a) of this section
and required for the project. The single consistency determination must indicate
whether each of the proposed actions listed in subsection (a) of this section
and required for the project is consistent with the CMP goals and policies
and must include information on each proposed action sufficient to support
the consistency determination.
(2)
An applicant, project sponsor, or other entity undertaking
a project which requires more than one action listed in subsection (a) of
this section may request in writing from the council either coordinated preparation
of the consistency determinations or designation of a lead agency for development
of a single consistency determination.
(3)
To avoid duplication and time delays, it is the intent
of the council, whenever possible, to provide for coordinated consistency
determinations where multiple determinations are required. The council may
direct the Permitting Assistance Group (as identified in §505.31(c) of
this title (relating to Preliminary Review of Proposed Agency Actions by the
Coastal Coordination Council)) to respond to the request and facilitate coordinated
consistency determinations or preparation of a single determination by a lead
agency, under guidance issued by the council.
(4)
The council may not protest a proposed action by an agency
or subdivision pertaining to an application filed with that agency or subdivision
prior to the effective date of Subchapter C of this title (relating to Consistency
and Council Review of Proposed State Agency Actions).
(5)
The council shall not review actions listed in this subsection
if such actions are taken pursuant to an enforcement order issued prior to
the effective date of Subchapter C of this title (relating to Consistency
and Council Review of Proposed State Agency Actions).
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 January 11, 2002.
TRD-200200134
Larry R. Soward
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 305-9129
(4)
] SLB--School Land Board;
(5)
] THC--Texas Historical Commission;
(6)
] TNRCC--Texas Natural Resource
Conservation Commission;
(7)
] TPWD--Texas Parks and Wildlife
Department;
(8)
] TSSWCB--Texas State Soil and
Water Conservation Board;
(9)
] TWDB--Texas Water Development
Board; and
(10)
] TxDOT--Texas Department of
Transportation.
Council
] members may
set items for the agenda by submitting them in writing to the secretary at
least 21 calendar 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.
Council
] shall implement
a
grants program
[
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
[
Council
] shall promulgate guidance for the
grants program
[
CMP Grants Program
] describing the deadlines, schedule, eligibility
requirements, funding policies, and approval process.
Chapter 505.
COUNCIL PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
(K)
The council may not review
an action of the TNRCC described by subparagraphs (H)-(J) of this paragraph
taken to implement a part of the Trans-Texas Water Program that the Trans-Texas
Water Program Policy Management Committee has found to be consistent with
the CMP goals and policies. To find that the program is consistent with the
CMP goals and policies, the Trans-Texas Water Program Policy Committee must:
]
(i)
include at least three members of the council,
or representatives of those members, as voting members of the committee; and
]
(ii)
make the finding by a majority vote of those
members or their representatives. ]
Chapter 506.
COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES