reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter B - COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES › Section 29.25 - Revocation of Certification

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may issue a Notice of Program Deficiency
					 if the commissioner finds that the agency has implemented its rules in a manner
					 that is inconsistent with the CMP goals and policies, or has amended certified
					 rules in a manner inconsistent with the CMP goals and policies. The notice
					 shall set forth the specific findings of deficiency, the basis for such
					 findings, and include recommendations to correct the deficiencies within a
					 reasonable period established in the notice. If the agency fails to correct the
					 deficiencies as provided in the notice and within the time allowed, the
					 commissioner may, after notice and opportunity for public comment, revoke
					 certification of the agency's rules. Upon revocation of certification, §
										29.21 of this chapter (relating to
					 Effect of Commissioner Certification of Agency Rules and Rule Amendments) shall
					 not apply to limit commissioner review of any agency actions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter B - COMMISSIONER REVIEW AND CERTIFICATION OF AGENCY RULES › Section 29.26 - Approval of Thresholds for Referral

Current through Reg. 49, No. 28; July 12, 2024
As applicable, the provisions of §
										29.20 of this chapter (relating to
					 Commissioner Review and Certification of Agency Rules and Rule Amendments) or
					 §
										29.23 of this chapter (relating to
					 Expedited Certification of Rule and Rule Amendments) shall be applied in
					 requesting and responding to a request for approval of thresholds.
					 Notwithstanding any other provision of this section to the contrary, when
					 applying §
										29.20 or §
										29.23 of this chapter to
					 thresholds, the term "threshold" or "thresholds" shall be substituted for the
					 term "rule" or "rules" and the term "approval" shall be substituted for the
					 term "certified" or "certification." Thresholds for referral shall be set a
					 level consistent with the standard in §
										26.13(b) of this
					 title (relating to Administrative Policies).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.30 - Agency Consistency Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency,
				  when proposing an action listed in §29.11(a) of this chapter (relating to
				  Actions and Rules Subject to the Coastal Management Program) that may adversely
				  affect a coastal natural resource area (CNRA), shall comply with the CMP goals
				  and policies.
(b) An agency subject
				  to subsection (a) of this section shall affirm that it has taken into account
				  the CMP goals and policies by issuing a written determination that a proposed
				  action is consistent with the CMP goals and policies or will not have any
				  direct and significant impacts on applicable CNRAs. For purposes of these
				  determinations, "direct" refers to impacts that are causally linked to an
				  activity; "significant" refers to appreciable impacts on CNRAs. The agency
				  shall include in its written determination one of the following statements:
(1) Consistency Determination. The (State
				  Agency Name) has reviewed this proposed action for consistency with the Texas
				  Coastal Management Program (CMP) goals and policies and has determined that the
				  proposed action is consistent with the applicable CMP goals and
				  policies.
(2) Determination of No
				  Direct and Significant Adverse Effect. The (State Agency Name) has reviewed
				  this proposed action for consistency with the CMP goals and policies and has
				  determined that the proposed action will not have a direct and significant
				  adverse effect on the coastal natural resource areas (CNRAs) identified in the
				  applicable policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.31 - Preliminary Consistency Review of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency or permit applicant may request
				  and receive a preliminary consistency review of any action listed in §
										29.11(a) of this
				  chapter (relating to Actions and Rules Subject to the Coastal Management
				  Program) or §
										29.60 of this chapter (relating to
				  Subdivision Actions Subject to the Coastal Management Program) prior to the
				  agency's proposed action.
(b) A
				  request for preliminary consistency review shall be submitted and processed
				  pursuant to Chapter 28 of this title (relating to Permitting Assistance and
				  Preliminary Consistency Review).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.32 - Requirements for Referral of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) A proposed action of an agency listed in
				  §
										29.11(a) of this
				  chapter (relating to Actions and Rules Subject to the Coastal Management
				  Program) may be referred to the commissioner for review to determine
				  consistency with the CMP goals and policies only if:
(1) the agency has proposed the action for
				  which referral is sought;
(2) the
				  consistency determination for the proposed action was contested by:
(A) a committee member or an agency that was
				  a party in a formal hearing under Government Code, Chapter 2001, or in an
				  alternative dispute resolution process; or
(B) a committee member or other person by the
				  filing of written comments with the agency before the action was proposed if
				  the proposed action is one for which a formal hearing under Government Code,
				  Chapter 2001, is not available;
(3) a person described by subsection (a)(2)
				  of this section files a request for referral within ten days of the date the
				  action is proposed alleging a significant unresolved dispute regarding the
				  proposed action's consistency with the CMP goals and policies; and
(4) any three committee members other than
				  the representative of the Texas Sea Grant College Program agree within 13 days
				  of the date the action is proposed that there is a significant unresolved
				  dispute regarding the proposed action's consistency with the CMP goals and
				  policies and the matter is referred to the commissioner for review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.33 - Filing of Request for Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) To seek
				  commissioner review of a proposed agency action listed in §
										29.11(a) of this
				  chapter (relating to Actions and Rules Subject to the Coastal Management
				  Program), a person described in §
										29.32(a)(2) of
				  this chapter (relating to Requirements for Referral of a Proposed Agency
				  Action) must file a written Request for Referral with the CMP coordinator. The
				  request must be filed no later than ten days after the agency has proposed the
				  action for which consistency review is sought.
(b) The Request for Referral shall include:
(1) the names, addresses, and signatures of
				  all persons joining in the request;
(2) a certificate of service indicating that
				  copies of the request have been provided by hand delivery or certified mail to:
(A) the agency proposing the action for which
				  review is sought;
(B) the
				  applicant, if any, before the agency; and
(C) if the proposed action was the subject of
				  a formal hearing under Government Code, Chapter 2001, all persons who were
				  named as parties to the proceeding or their representatives;
(3) a description of the proposed
				  action for which review is sought indicating the date of the agency's proposed
				  action and a copy of the proposed order, permit, or other official agency
				  decision document;
(4) a statement
				  demonstrating, by reference to the requirements of §
											29.32 of this chapter, that the
				  proposed action is subject to referral; and
(5) a clear and concise statement of the
				  significant unresolved dispute regarding the proposed action's consistency with
				  the CMP goals and policies, including specific reference to the applicable
				  goals and policies and to the applicable facts in the agency's decision
				  record.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.34 - Referral of a Proposed Agency Action to the Commissioner for Consistency Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				  a timely Request for Referral which satisfies the requirements of §29.33
				  of this chapter (relating to Filing of Request for Referral), the CMP
				  coordinator shall provide a copy to each committee member.
(b) The members of the committee shall
				  consider the Request for Referral.
(c) For the commissioner to accept a Request
				  for Referral, any three committee members other than the representative of the
				  Texas Sea Grant College Program must agree that there is a significant
				  unresolved dispute regarding the proposed action's consistency with the CMP
				  goals and policies, and must submit the matter to the CMP coordinator in
				  writing no later than 13 days after the agency has proposed the action for
				  which referral has been requested.
(d) The adequacy or inadequacy of a Request
				  for Referral shall not be a reviewable issue before the commissioner. The
				  commissioner may exercise the discretion to accept a deficient Request for
				  Referral.
(e) No right to
				  commissioner review is created by this chapter. The decision to review a
				  proposed action is within the commissioner's discretion.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.35 - Procedures for Commissioner Review of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The CMP
				  coordinator shall, by certified mail or hand delivery, provide notice of the
				  hearing at which the commissioner will review a proposed action to:
(1) the agency proposing the action under
				  review;
(2) the applicant, if any,
				  before the agency;
(3) the
				  person(s) filing the Request for Referral; and
(4) if the action was the subject of a formal
				  hearing under Government Code, Chapter 2001, before the agency, all persons who
				  were named as parties to the proceeding or their representatives.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.36 - Standard of Commissioner Review of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The only basis on which the commissioner
				  may protest a proposed agency action is that the proposed action is
				  inconsistent with the CMP goals and policies.
(b) Following certification of an agency's
				  rules as consistent with the CMP goals and policies pursuant to Subchapter B of
				  this chapter:
(1) the commissioner shall
				  presume that the agency's consistency determination is valid if it is supported
				  by the agency's findings of fact and conclusions of law;
(2) the burden shall be on the person filing
				  the request for referral to demonstrate that the agency's proposed action is
				  inconsistent with the CMP goals and policies; and
(3) any thresholds for referral approved
				  pursuant to §
											29.26 of this chapter (relating to
				  Approval of Thresholds for Referral) shall become operative and limit the
				  commissioner's authority to review individual proposed actions of an agency as
				  provided in §
											29.32 of this chapter (relating to
				  Requirements for Referral of a Proposed Agency Action).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.37 - Activities Pending Commissioner Review of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
Pending the commissioner's review of an individual agency
					 proposed action, no person may conduct activities authorized by the agency
					 action that would irreparably alter or damage the CNRA identified in the
					 applicable policy, except as otherwise provided by the Texas Administrative
					 Procedure Act, Government Code §
										2001.054.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.38 - Commissioner Determination on Review of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) On review, the
				  commissioner may affirm or protest an agency's proposed action. A proposed
				  action is consistent with the CMP goals and policies and approved by the
				  commissioner unless the commissioner determines the proposed action to be
				  inconsistent with the CMP and protests the proposed action. If the commissioner
				  protests the proposed action, the commissioner shall issue written findings to
				  the agency or subdivision within 26 days after the date the agency or
				  subdivision proposed the action. The commissioner's findings shall:
(1) specify how the proposed action is
				  inconsistent with the CMP goals and policies; and
(2) include specific recommendations
				  regarding how the proposed action may be modified or amended to make it
				  consistent with the CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.39 - Agency Action after Commissioner Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  commissioner has protested a proposed action and issued written findings and
				  recommendations to the agency, the agency shall review the findings and
				  recommendations and determine whether to modify or amend the proposed action to
				  make it consistent with the CMP goals and policies. The agency shall notify the
				  CMP coordinator of its decision no later than 21 days after the date the agency
				  receives the commissioner's written protest.
(b) If the commissioner finds that the agency
				  did not amend or modify the proposed action either to conform substantially
				  with the commissioner's recommendations or to achieve the same results as the
				  commissioner's recommendations, the commissioner shall refer the matter to the
				  attorney general for a legal opinion on consistency of the proposed action with
				  the CMP goals and policies. The agency is stayed from taking the proposed
				  action until the attorney general issues the opinion. The attorney general
				  shall issue an opinion before the 26th day after the date the commissioner
				  requests the opinion. The attorney general shall base the opinion on the record
				  before the agency and the commissioner. In determining whether the proposed
				  action is inconsistent, the attorney general shall consider the commissioner's
				  findings and recommendations and the agency's response.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter C - CONSISTENCY AND COMMISSIONER REVIEW OF PROPOSED STATE AGENCY ACTIONS › Section 29.42 - Enforcement after Commissioner Protest of a Proposed Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency with jurisdiction over a
				  proposed action shall enforce provisions of the CMP.
(b) If the attorney general issues an opinion
				  under §
										29.39 of this chapter (relating to
				  Agency Action After Commissioner Protest) that a proposed agency action is
				  inconsistent with the CMP, the attorney general shall file suit in a district
				  court of Travis County unless otherwise directed by the commissioner.
(c) Notwithstanding the request for an
				  opinion from, or the filing of a suit by the attorney general, the commissioner
				  and the agency may enter into a settlement agreement with regard to the
				  proposed action. If the commissioner and the agency enter into a settlement
				  agreement, the commissioner may rescind the commissioner's request for an
				  opinion from the attorney general.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter D - COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS › Section 29.50 - General Plans

Current through Reg. 49, No. 28; July 12, 2024
General plans include any comprehensive statement in words,
					 maps, illustrations, or other media issued by a state agency or political
					 subdivision that recommends, proposes, evaluates, or formulates policies or
					 future courses of action involving activities affecting coastal natural
					 resource areas. For purposes of this section, general plans include, but are
					 not limited to, the following:
(1)
				  State Emergency Management Plan (Texas Government Code, §
										418.042);
(2) State Oil and Hazardous Substance Spill
				  Contingency Plan (Texas Water Code, Chapter 26, Subchapter G);
(3) State-Owned Coastal Wetlands Conservation
				  Plan (Texas Parks and Wildlife Code, §
										14.002(a));
(4) State Water Quality Management Plan
				  (Texas Water Code, §
										26.012);
(5) Artificial Reef Plan (Texas Parks and
				  Wildlife Code, §
										89.021);
(6) State Water Plan (Texas Water Code,
				  §
										16.051);
(7) Long-Range Dredging and Disposal Plan
				  (Texas Parks and Wildlife Code, §
										14.002(b)(8));
				  and
(8) Regional Solid Waste
				  Management Plans (Texas Health and Safety Code, §
										363.062).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter D - COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS › Section 29.51 - Request for a Non-Binding Advisory Opinion and Commissioner Action

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency or subdivision which has
				  produced a general plan described or listed in §29.50 of this chapter
				  (relating to General Plans) may request a non-binding advisory opinion on the
				  consistency of its general plan.
(b) The request for an advisory opinion shall
				  be submitted in writing to the CMP coordinator. The CMP coordinator shall
				  forward copies of the request to all committee members. The commissioner shall
				  consider the general plan within 90 days of receiving the request.
(c) Prior to commissioner issuance of an
				  advisory opinion regarding a general plan, the commissioner may direct the
				  committee to review the general plan and make a recommendation to the
				  commissioner regarding the consistency of the plan.
(d) The commissioner shall issue the advisory
				  opinion within 90 days of receiving the request from the agency or
				  subdivision.
(e) The advisory
				  opinion shall indicate whether actions taken pursuant to the plan are likely to
				  be consistent or inconsistent with the CMP goals and policies. The advisory
				  opinion shall also:
(1) identify all goals and
				  policies that apply to the general plan;
(2) identify any consistency issues of
				  concern to the commissioner;
(3)
				  identify portions or provisions of the plan that are likely to lead to future
				  inconsistent actions; and
(4)
				  include recommendations for the resolution of consistency issues identified in
				  paragraphs (2) and (3) of this subsection.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter D - COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS › Section 29.52 - Request for Commissioner Participation in the Development of General Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency or subdivision which is
				  producing a general plan described or listed in §
										29.50 of this chapter (relating to
				  General Plans) may request commissioner participation in the development of a
				  plan by submitting a written request to the CMP coordinator. The commissioner
				  shall participate in the plan development according to the schedule of the
				  agency developing the plan.
(b) The
				  commissioner may direct the committee to participate in the development of the
				  plan and make regular reports to the commissioner.
(c) At the request of an agency or
				  subdivision which is producing a general plan described or listed in §
										29.50 of this chapter, the
				  commissioner may enter into a memorandum of agreement establishing the manner
				  of commissioner participation in plan development, the criteria to be used in
				  evaluating the plan, criteria to determine the adequacy of alternatives for
				  resolving potential inconsistencies in the plan with the CMP goals and
				  policies, and such other matters as are deemed appropriate by the parties to
				  the agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter D - COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS › Section 29.53 - Purpose and Effect of an Advisory Opinion

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  the advisory opinion is to notify the public and the agency or subdivision
				  adopting or approving the plan whether actions taken pursuant to the plan are
				  likely to be consistent with the CMP goals and policies.
(b) The advisory opinion does not ensure that
				  any action taken pursuant to the general plan will or will not be consistent
				  with the CMP goals and policies.
(c) The commissioner's issuance of an
				  advisory opinion does not obviate the requirement that state agencies and
				  political subdivisions prepare consistency determinations in accordance with
				  the requirements of this chapter or preclude commissioner review of those
				  actions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.60 - Subdivision Actions Subject to the Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this chapter and Chapter 26 of this title
					 (relating to Coastal Management Program), issuance of a dune protection permit
					 or beachfront construction certificate are the only proposed actions by a
					 subdivision that may adversely affect a coastal natural resource area and that
					 therefore must be consistent with the CMP goals and policies provided such
					 actions authorize:
(1) 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;
(2) construction
				  activity that results in the disturbance of more than 7,500 cubic yards of
				  dunes;
(3) 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
(4) 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.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.62 - Subdivision Consistency Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to a proposed action identified in
				  §
										29.60 of this title (relating to
				  Subdivision Actions Subject to the Coastal Management Program), a subdivision
				  shall comply with the CMP goals and policies.
(1) For dune protection permits, the
				  subdivision determination made pursuant to §
											15.4 of this title (relating to
				  Dune Protection Standards) that the proposed activity will not materially
				  weaken any dune, or materially damage any dune vegetation, or reduce the
				  effectiveness of any dune as a means of protection against erosion and high
				  wind and water, shall constitute a determination that such permit is consistent
				  with CMP goals and policies.
(2)
				  For beachfront construction certificates, the subdivision determination made
				  pursuant to §
											15.5 of this title (relating to
				  Beachfront Construction Standards) that the proposed activity is consistent
				  with the beach access portion of its approved dune protection and beach access
				  plan and does not interfere with, or otherwise restrict, the public's right to
				  use and have access to and from the Gulf beach shall constitute a determination
				  that such permit is consistent with CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.63 - Preliminary Consistency Review of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to taking final action, a
				  subdivision may request preliminary consistency review for any proposed action
				  listed in §
										29.60 of this chapter (relating to
				  Subdivision Actions Subject to the Coastal Management Program).
(b) A subdivision's request for preliminary
				  consistency review shall be submitted and handled in accordance with the
				  provisions of Chapter 28 of this title (relating to Permitting Assistance and
				  Preliminary Consistency Review).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.64 - Requirements for Referral of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
A proposed subdivision action listed in §
										29.60 of this chapter (relating to
					 Subdivision Actions Subject to the Coastal Management Program) may be referred
					 to the commissioner for review to determine consistency with the CMP goals and
					 policies only if:
(1) the subdivision
				  proposed the action for which referral is sought;
(2) the consistency determination for the
				  proposed action was contested by a member of the committee or other person by
				  the filing of written comments with the subdivision;
(3) a person described in paragraph (2) of
				  this section files a request for referral within ten days of the date the
				  action was proposed alleging a significant unresolved dispute regarding the
				  proposed action's consistency with the CMP goals and policies; and
(4) any three committee members other than
				  the representative of the Texas Sea Grant College Program agree within 13 days
				  of the date the action was proposed that there is a significant unresolved
				  dispute regarding the proposed action's consistency with the CMP goals and
				  policies and the matter is referred to the commissioner for review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.65 - Filing of Request for Referral

Current through Reg. 49, No. 28; July 12, 2024
(a) To seek
				  commissioner review of an action identified in §
										29.60 of this chapter (relating to
				  Subdivision Actions Subject to the Coastal Management Program), a member of the
				  committee or other person must file a written Request for Referral with the CMP
				  coordinator. The request must be filed no later than ten days after the
				  subdivision has proposed the action for which consistency review is
				  sought.
(b) The Request for
				  Referral shall include:
(1) the names,
				  addresses, and signatures of all persons joining in the request;
(2) a certificate of service indicating that
				  requestor has provided copies of the request by personal delivery or certified
				  service to:
(A) the subdivision proposing the
				  action for which review is sought; and
(B) the applicant, if other than the
				  subdivision;
(3) a
				  description of the proposed action for which review is sought, indicating the
				  date of the proposed subdivision action, including a copy of the order, permit,
				  or other official subdivision proposal;
(4) a statement demonstrating, by reference
				  to the requirements of §
											29.64 of this chapter (relating to
				  Requirements for Referral of a Proposed Subdivision Action), that the proposed
				  action is one subject to referral; and
(5) a clear and concise statement of the
				  proposed action's inconsistencies with the CMP goals and policies, including
				  specific reference to the applicable goals and policies and to the applicable
				  facts in the subdivision's proposal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.66 - Referral of a Proposed Subdivision Action to the Commissioner for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a timely Request for
				  Referral which satisfies the requirements of §29.65 of this chapter
				  (relating to Filing of Request for Referral), the CMP coordinator shall provide
				  a copy to each member of the committee.
(b) The members of the committee shall
				  consider the Request for Referral.
(c) For the commissioner to accept a Request
				  for Referral, any three committee members other than the representative of the
				  Texas Sea Grant College Program must agree that there is a significant
				  unresolved dispute regarding the action's consistency by submitting the matter
				  to the CMP coordinator in writing no later than 13 days after the date of
				  action is proposed.
(d) The
				  adequacy or inadequacy of a Request for Referral shall not be a reviewable
				  issue before the commissioner. The commissioner may exercise the discretion to
				  accept a deficient Request for Referral.
(e) No right to commissioner review is
				  created by these rules. The decision to review a proposed action is within the
				  commissioner's discretion.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.67 - Procedures for Commissioner Review of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The CMP
				  coordinator shall, by certified mail or hand delivery, provide notice of any
				  hearing at which the commissioner will review a proposed action to:
(1) the subdivision proposing the
				  action;
(2) the applicant, if other
				  than the subdivision; and
(3) the
				  person(s) filing the Request for Referral.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.68 - Standard of Commissioner Review of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The only basis on which the commissioner
				  may protest a proposed subdivision action is that the proposed action is
				  inconsistent with the CMP goals and policies.
(b) Following the GLO's certification of a
				  subdivision's dune protection and beach access plan under §
										15.3(o) of this
				  title (relating to Administration) as consistent with the CMP goals and
				  policies:
(1) the subdivision's consistency
				  determination is final and is not subject to referral and review, except as
				  provided in §
											29.64 of this chapter (relating to
				  Requirements for Referral of a Proposed Subdivision Action); and
(2) the commissioner shall presume that the
				  subdivision's consistency determination is valid, if such determination is
				  documented by the underlying record, and the burden shall be on the person
				  filing the Request for Referral to demonstrate that the subdivision's proposed
				  action is inconsistent with the CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.69 - Activities Pending Commissioner Review of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
Pending commissioner review of a proposed subdivision
					 action which is referred to the commissioner , no person may conduct activities
					 proposed by the subdivision that would irreparably alter or damage critical
					 dunes or dune vegetation or interfere with or restrict the public's right to
					 use and have access to and from the Gulf beach.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.70 - Commissioner Action on Review of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
(a) On review, the
				  commissioner may affirm or protest the subdivision's proposed action. A
				  proposed action is consistent with the CMP goals and policies and approved by
				  the commissioner unless the commissioner determines the proposed action to be
				  inconsistent with the CMP and protests the proposed action. If the commissioner
				  protests the proposed action, the commissioner shall issue written findings in
				  writing to the subdivision. The commissioner's findings shall:
(1) specify how the proposed action is
				  inconsistent with the CMP goals and policies; and
(2) include specific recommendations
				  regarding how the proposed action may be modified or amended to make it
				  consistent with the CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.71 - Subdivision Action after Commissioner Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) After the
				  commissioner has protested a proposed subdivision action and reported its
				  findings to the subdivision, the subdivision shall review the findings and
				  recommendations and determine whether to modify or amend the proposed action to
				  make it consistent with the CMP goals and policies. The subdivision shall
				  notify the commissioner of its decision no later than 21 days after the date
				  the subdivision receives the commissioner's written protest.
(b) If the commissioner finds that the
				  subdivision did not amend or modify the proposed action either to conform
				  substantially with the commissioner's recommendations or to achieve the same
				  results as the commissioner's recommendations, the commissioner shall refer the
				  matter to the attorney general for a legal opinion on consistency of the
				  proposed action with the CMP goals and policies.
(c) The subdivision is stayed from taking the
				  proposed action until the attorney general issues the opinion. The attorney
				  general shall issue an opinion before the 26th day after the date the
				  commissioner requests the opinion. The attorney general shall base the opinion
				  on the record before the subdivision and the commissioner. In determining
				  whether the proposed action is inconsistent, the attorney general shall
				  consider the commissioner's findings and recommendations and the subdivision's
				  response to the recommendations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES › Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS › Section 29.74 - Enforcement after Commissioner Protest of a Proposed Subdivision Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency or subdivision with
				  jurisdiction over a proposed action shall enforce the CMP provisions.
(b) If the attorney general issues an opinion
				  pursuant to §
										29.71 of this chapter (relating to
				  Subdivision Action After Commissioner Protest) finding that a proposed
				  subdivision action is inconsistent with the CMP and the agency or subdivision
				  fails to implement the commissioner's recommendation, the attorney general
				  shall file suit in a district court of Travis County unless otherwise directed
				  by the commissioner.
(c)
				  Notwithstanding the request for an opinion from, or the filing of a suit by the
				  attorney general, the commissioner and the subdivision may enter into a
				  settlement agreement with regard to the proposed action. If the commissioner
				  and the subdivision enter into a settlement agreement, the commissioner may
				  rescind the commissioner's request for an opinion from the attorney
				  general.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.10 - Purpose and Policy

Current through Reg. 49, No. 28; July 12, 2024
The rules in this Chapter establish a process for federal
				  consistency review, as required by Texas Natural Resources Code, §
									33.206(d)
				  and federal procedures for implementing the federal consistency requirements of
				  the federal Coastal Zone Management Act of 1972 (CZMA) and provides that
				  federal actions and activities subject to the Texas Coastal Management Program
				  (CMP) are consistent with the goals and enforceable policies of the CMP. The
				  procedures in this Chapter are intended to allow the Commissioner of the
				  General Land Office (GLO) to identify, address, and resolve federal consistency
				  issues and provide guidance that if any inconsistencies are found between these
				  rules and those of the CZMA Federal Consistency regulations provided in 15 Code
				  of Federal Regulations (CFR) Part 930, the federal regulations are
				  controlling.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words, terms, and phrases,
				when used in this Chapter, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				Associated facilities--All proposed facilities:
(A) which are specifically designed, located,
				constructed, operated, adapted, or otherwise used, in full or in major part, to
				meet the needs of a federal action (e.g., activity, development project,
				license, permit, or assistance); and
(B) without which the federal action, as
				proposed, could not be conducted. See
				15 CFR §
												930.11(d).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.12 - Federal Listed Activities Subject to CZMA Review

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, the
				following federal actions within the CMP boundary may adversely affect coastal
				natural resource areas (CNRAs) within the coastal zone. This list of federal
				actions includes federal agency activities, federal license or permit
				activities, and federal assistance applications that are subject to CZMA
				federal consistency review by the GLO.
(1)
				Federal Agency Activities and Development Projects. For all actions proposed by
				or on behalf of federal agencies that may have reasonably foreseeable effects
				on CNRAs, a consistency determination or negative determination must be
				submitted to the GLO pursuant to the requirements of the Federal Consistency
				regulations found at 15 CFR Part 930, subpart C.
(A) United States Department of the Interior:
(i) modifications to the boundaries of the
				Coastal Barrier Resource System under 16 United States Code Annotated,
				§3503(c); and
(ii) OCS lease
				sales within the western and central Gulf of Mexico under 43 United States Code
				Annotated, §1337;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.30 - Consistency Certifications for Federal License or Permit Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of a Consistency Certification.
				When reviewing a consistency certification submitted by a non-federal applicant
				for a federal license or permit activity listed under §
									30.12 of this chapter (relating to
				Federal Listed Activities Subject to CZMA Review) the GLO shall conform to the
				requirements and procedures set out in 15 CFR Part 930, subpart D. The federal
				license or permit activity must be consistent with the CMP goals and
				enforceable policies.
(b) Required
				Information for a Consistency Certification. For review of a federal license or
				permit activity application, an applicant must submit to the GLO a complete
				consistency certification in conformance with
				15 CFR §
										930.57 and all necessary data and information
				described in 15 CFR §
										930.58 and including the following:
(1) all material relevant to the CMP provided
				to the federal agency in support of the application;
(2) a detailed description of the proposed
				activity, its associated facilities, the coastal effects, and any other
				information relied upon by the applicant to make its certification. Maps,
				diagrams, and technical data shall be submitted when a written description
				alone will not adequately describe the proposal. See
				15 CFR §
											930.58;
(3) if a mitigation plan is required, an
				alternative analysis, habitat characterization, and any required surveys for
				the license or permit must be submitted; and
(4) the consistency certification must also
				provide: "The proposed activity complies with enforceable policies of Texas'
				approved coastal management program and will be conducted in a manner
				consistent with such program." See
				15 CFR §
											930.57(b).