reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.21 - Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters

Current through Reg. 49, No. 28; July 12, 2024
(a) TCEQ rules
				  shall:
(1) comply with the requirements of
				  the Clean Water Act, 33 United States Code Annotated, §§1251 et seq,
				  and implementing regulations at Code of Federal Regulations, Title 40, which
				  include establishing surface water quality standards in order to protect
				  designated uses of coastal waters, including the protection of uses for water
				  supply, recreational purposes, and propagation and protection of terrestrial
				  and aquatic life, and establishing water-quality-based effluent limits,
				  including toxicity monitoring and specific toxicity or chemical limits as
				  necessary to protect designated uses of coastal waters;
(2) provide for the assessment of water
				  quality on a coastal watershed basis as required by the Texas Water Code,
				  §
											26.0135(d);
(3) to the greatest extent practicable,
				  provide that all permits for the discharge of wastewater within a given
				  watershed or region of a single watershed contain the same expiration date in
				  order to evaluate the combined effects of permitted discharges on water quality
				  within that watershed or region;
(4) identify and rank waters that are not
				  attaining designated uses and establish total maximum daily pollutant loads in
				  accordance with those rankings using scientifically valid models calibrated and
				  validated with monitored data and with public input from affected stakeholders;
				  and
(5) require that increases in
				  pollutant loads to coastal waters shall not:
(A) impair designated uses of coastal waters;
				  or
(B) result in degradation of
				  coastal waters that exceed fishable/swimmable quality except in cases where
				  lowering coastal water quality is necessary for important economic or social
				  development.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.22 - Policies for Nonpoint Source (NPS) Water Pollution

Current through Reg. 49, No. 28; July 12, 2024
(a) State agencies
				  and subdivisions with authority to manage NPS pollution shall cooperate in the
				  development and implementation of a coordinated program to reduce NPS pollution
				  in order to restore and protect coastal waters.
(b) In an area that the TSSWCB identifies as
				  having or having the potential to develop agricultural or silvicultural NPS
				  water quality problems or an area within the coastal zone, the TSSWCB shall
				  establish a water quality management plan certification program that provides,
				  through the local soil and water conservation district, for the development,
				  supervision, and monitoring of voluntary individual water quality management
				  plans for agricultural and silvicultural lands. Each plan must be developed,
				  maintained, and implemented under rules and criteria adopted by the TSSWCB and
				  discharges under such a plan may not cause a violation of state water quality
				  standards established by the TCEQ. The TSSWCB's rules shall certify a plan that
				  satisfies the TSSWCB rules and criteria and discharges which do not cause a
				  violation of state water quality standards established by the TCEQ. This policy
				  is not intended, nor shall it be interpreted, to require the TSSWCB to
				  establish non-voluntary requirements for the development, maintenance, or
				  implementation of individual water quality management plans.
(c) TCEQ rules under Texas Health and Safety
				  Code, Chapter 366, governing on-site sewage disposal systems, and TCEQ rules
				  under Texas Water Code, Chapter 26, Subchapter I, governing underground storage
				  tanks, shall require that on-site disposal systems and underground storage
				  tanks be located, designed, operated, inspected, and maintained so as to
				  prevent releases of pollutants that may adversely affect coastal
				  waters.
(d) This policy shall not
				  be interpreted or applied so as to require that either a National Pollution
				  Discharge Elimination System (NPDES) permit for stormwater discharges issued
				  under the Clean Water Act, §402(p), or an NPDES permit for a concentrated
				  animal feeding operation, requiring no discharge up to and including a 25-year,
				  24-hour frequency storm, provide additional NPS pollution control measures in
				  addition to those required in the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.25 - Policies for Dredging and Dredged Material and Placement

Current through Reg. 49, No. 28; July 12, 2024
(a) Dredging and the disposal and placement
				  of dredged material shall avoid and otherwise minimize adverse effects to
				  coastal waters, submerged lands, critical areas, coastal shore areas, and Gulf
				  beaches to the greatest extent practicable. The policies of this section are
				  supplemental to any further restrictions or requirements relating to the beach
				  access and use rights of the public. In implementing this section, cumulative
				  and secondary adverse effects of dredging and the disposal and placement of
				  dredged material and the unique characteristics of affected sites shall be
				  considered.
(1) Dredging and dredged material
				  disposal and placement shall not cause or contribute, after consideration of
				  dilution and dispersion, to violation of any applicable surface water quality
				  standards established under §26.21 of this title (relating to Policies for
				  Discharge of Municipal and Industrial Wastewater to Coastal Waters).
(2) Except as otherwise provided in paragraph
				  (4) of this subsection, adverse effects on critical areas from dredging and
				  dredged material disposal or placement shall be avoided and otherwise
				  minimized, and appropriate and practicable compensatory mitigation shall be
				  required, in accordance with §26.23 of this title (relating to Policies
				  for Development in Critical Areas).
(3) Except as provided in paragraph (4) of
				  this subsection, dredging and the disposal and placement of dredged material
				  shall not be authorized if:
(A) there is a
				  practicable alternative that would have fewer adverse effects on coastal
				  waters, submerged lands, critical areas, coastal shore areas, and Gulf beaches,
				  so long as that alternative does not have other significant adverse
				  effects;
(B) all appropriate and
				  practicable steps have not been taken to minimize adverse effects on coastal
				  waters, submerged lands, critical areas, coastal shore areas, and Gulf beaches;
				  or
(C) significant degradation of
				  critical areas under §26.23(a)(7)(E) of this title would result.
(4) A dredging or dredged material
				  disposal or placement project that would be prohibited solely by application of
				  paragraph (3) of this subsection may be allowed if it is determined to be of
				  overriding importance to the public and national interest in light of economic
				  impacts on navigation and maintenance of commercially navigable
				  waterways.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.27 - Policies for Development in Coastal Hazard Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Subdivisions
				  participating in the National Flood Insurance Program shall adopt ordinances or
				  orders governing development in special hazard areas under Texas Water Code,
				  Chapter 16, Subchapter I, and Texas Local Government Code, Chapter 240,
				  Subchapter Z, that comply with construction standards in regulations at Code of
				  Federal Regulations, Title 44, Parts 59 - 60, adopted pursuant to the National
				  Flood Insurance Act, 42 United States Code Annotated, §§4001 et
				  seq.
(b) Pursuant to the standards
				  and procedures under the Texas Natural Resources Code, Chapter 33, Subchapter
				  H, the GLO shall adopt or issue rules, recommendations, standards, and
				  guidelines for erosion avoidance and remediation and for prioritizing critical
				  erosion areas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.28 - Policies for Development Within Coastal Barrier Resource System Units and Otherwise Protected Areas on Coastal Barriers

Current through Reg. 49, No. 28; July 12, 2024
(a) Development of
				  new infrastructure or major repair of existing infrastructure within or
				  supporting development within Coastal Barrier Resource System Units and
				  Otherwise Protected Areas designated on maps dated October 24, 1990, as those
				  maps may be modified, revised, or corrected, under the Coastal Barrier
				  Resources Act, 16 United States Code Annotated, §3503(a), shall comply
				  with the policies in this section.
(1)
				  Development of publicly funded infrastructure shall be authorized only if it is
				  essential for public health, safety, and welfare, enhances public use, or is
				  required by law.
(2) Infrastructure
				  shall be located at sites at which reasonably foreseeable future expansion will
				  not require development in critical areas, critical dunes, Gulf beaches, and
				  washover areas within Coastal Barrier Resource System Units or Otherwise
				  Protected Areas.
(3) Infrastructure
				  shall be located at sites that to the greatest extent practicable avoid and
				  otherwise minimize the potential for adverse effects on critical areas,
				  critical dunes, Gulf beaches, and washover areas within Coastal Barrier
				  Resource System Units or Otherwise Protected Areas from:
(A) construction and maintenance of roads,
				  bridges, and causeways; and
(B)
				  direct release to coastal waters, critical areas, critical dunes, Gulf beaches,
				  and washover areas within Coastal Barrier Resource System Units or Otherwise
				  Protected Areas of oil, hazardous substances, or stormwater runoff.
(4) Where practicable,
				  infrastructure shall be located in existing rights-of-way or previously
				  disturbed areas to avoid or minimize adverse effects within Coastal Barrier
				  Resource System Units or Otherwise Protected Areas.
(5) Development of infrastructure shall occur
				  at sites and times selected to have the least adverse effects practicable
				  within Coastal Barrier Resource System Units or Otherwise Protected Areas on
				  critical areas, critical dunes, Gulf beaches, and washover areas and on
				  spawning or nesting areas or seasonal migrations of commercial, recreational,
				  threatened, or endangered terrestrial or aquatic wildlife.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.29 - Policies for Development in State Parks, Wildlife Management Areas or Preserves

Current through Reg. 49, No. 28; July 12, 2024
Development by a person other than the Parks and Wildlife
					 Department that requires the use or taking of any public land in such areas
					 shall comply with Texas Parks and Wildlife Code, Chapter 26.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.30 - Policies for Alteration of Coastal Historic Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) Development
				  affecting a coastal historic area shall avoid and otherwise minimize alteration
				  or disturbance of the site unless the site's excavation will promote
				  historical, archaeological, educational, or scientific understanding.
(b) The THC shall comply with the policies in
				  this section when adopting rules and issuing permits under the Texas Natural
				  Resources Code, Chapter 191, governing alteration of coastal historic areas.
				  The THC shall comply with the policies in this section when issuing reviews
				  under the National Historic Preservation Act, §106 (16 United States Code
				  Annotated, §470f), and the regulations enacted pursuant thereto, Code of
				  Federal Regulations, Title 36, Chapter 1, Part 63.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.31 - Policies for Transportation Projects

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Transportation construction projects and maintenance programs within the
				  coastal zone shall comply with the policies in this section.
(1) Pollution prevention procedures shall be
				  incorporated into the construction and maintenance of transportation projects
				  to minimize pollutant loading to coastal waters from erosion and sedimentation,
				  use of pesticides and herbicides for maintenance of rights-of-way, and other
				  pollutants from stormwater runoff.
(2) Transportation projects shall be located
				  at sites that to the greatest extent practicable avoid and otherwise minimize
				  the potential for adverse effects from construction and maintenance of
				  additional roads, bridges, causeways, and other development associated with the
				  project; and direct release to CNRAs of pollutants from oil or hazardous
				  substance spills, contaminated sediments or stormwater runoff.
(3) Where practicable, transportation
				  projects shall be located in existing rights-of-way or previously disturbed
				  areas if necessary to avoid or minimize adverse effects.
(4) Where practicable, transportation
				  projects shall be located at sites at which future expansion will not require
				  development in coastal wetlands except where such construction is determined to
				  be essential for evacuation in the case of a natural disaster.
(5) Construction and maintenance of
				  transportation projects shall avoid the impoundment and draining of coastal
				  wetlands. If impoundment or draining cannot be avoided, adverse effects to the
				  impounded or drained wetlands shall be mitigated in accordance with the
				  sequencing requirements of §26.23 of this title (relating to Policies for
				  Development in Critical Areas).
(6)
				  Construction of transportation projects shall occur at sites and times selected
				  to have the least adverse effects practicable on recreational uses of CNRAs and
				  on spawning or nesting seasons or seasonal migrations of terrestrial or aquatic
				  species.
(7) Beach-quality sand
				  from maintenance of roadways adjacent to Gulf beaches shall be beneficially
				  used by placement on Gulf beaches where practicable. Where placement on Gulf
				  beaches is not practicable, the material shall be placed in critical dune
				  areas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.32 - Policies for Emission of Air Pollutants

Current through Reg. 49, No. 28; July 12, 2024
TCEQ rules under Texas Health and Safety Code, Chapter 382,
					 governing emissions of air pollutants, shall comply with regulations at Code of
					 Federal Regulations, Title 40, adopted pursuant to the Clean Air Act, 42 United
					 States Code Annotated, §§7401, et seq, to protect and enhance air
					 quality in the coastal area so as to protect CNRAs and promote the public
					 health, safety, and welfare.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.33 - Policies for Appropriations of Water

Current through Reg. 49, No. 28; July 12, 2024
(a) Impoundments
				  and diversion of state water within 200 stream miles of the coast, to commence
				  from the mouth of the river thence inland, shall comply with the policies in
				  this section.
(1) The TCEQ shall administer
				  the law so as to promote the judicious use and maximum conservation and
				  protection of the quality of the environment and the natural resources of the
				  state. It is the public policy of the state to provide for the conservation and
				  development of the state's natural resources, including:
(A) the control, storage, preservation, and
				  distribution of the state's storm and floodwaters and the waters of its rivers
				  and streams for irrigation, power, and other useful purposes;
(B) the reclamation and irrigation of the
				  state's arid, semiarid, and other land needing irrigation;
(C) the reclamation and drainage of the
				  state's overflowed land and other land needing drainage;
(D) the conservation and development of its
				  forest, water, and hydroelectric power;
(E) the navigation of the state's inland and
				  coastal waters; and
(F) the
				  maintenance of a proper ecological environment of the bays and estuaries of
				  Texas and the health of related living marine resources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.34 - Policies for Levee and Flood Control Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Drainage, reclamation, channelization,
				  levee construction or modification, or flood- or floodwater-control
				  infrastructure projects shall be designed, constructed, and maintained to avoid
				  the impoundment and draining of coastal wetlands to the greatest extent
				  practicable. If impoundment or draining of coastal wetlands cannot be avoided,
				  adverse effects to the wetlands shall be mitigated in accordance with the
				  sequencing requirements in §26.23 of this title (relating to Policies for
				  Development in Critical Areas).
(b)
				  TCEQ rules and approvals for the levee construction, modification, drainage,
				  reclamation, channelization, or flood- or floodwater-control projects, pursuant
				  to the Texas Water Code, §
										16.236,
				  shall comply with the policies in this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter A - GENERAL PROVISIONS › Section 28.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes the process by which an applicant
					 may request and receive assistance with filing applications for permits or
					 other proposed actions subject to the Texas Coastal Management Program (CMP).
					 This chapter also establishes the process by which an applicant, agency, or
					 subdivision proposing an activity subject to the CMP may request and receive a
					 preliminary consistency review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter A - GENERAL PROVISIONS › Section 28.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Agency of
				  subdivision--Any state agency, department, board, or commission or political
				  subdivision of the state.
(2)
				  Applicant--An individual or small business. In addition, the term includes a
				  city, county, or special district.
(3) Coastal zone--The area within the CMP
				  boundary established in §
											27.1 of this title.
(4) Commissioner--Commissioner of the General
				  Land Office (GLO).
(5)
				  Committee--Coastal Coordination Advisory Committee.
(6) CMP goals and policies--The goals and
				  policies set forth in Chapter 26 of this title.
(7) Permitting assistance coordinator--The
				  GLO staff member designated by the commissioner.
(8) Permitting assistance group (PAG)--The
				  group composed of representatives of committee member agencies and other
				  interested committee members.
(9)
				  Permit service center (PSC)--The center that administers permitting assistance
				  for activities in the coastal zone. The PSC has an office that serves the Upper
				  Coast and an office that serves the Lower Coast.
(10) Program boundary--The CMP boundary
				  established in §
											27.1 of this title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter A - GENERAL PROVISIONS › Section 28.3 - Permitting Assistance Group

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  committee member representing an agency shall appoint a representative to the
				  permitting assistance group (PAG). Each agency's PAG representative is
				  responsible for submitting the information that his or her agency is required
				  to provide under these rules. Other interested committee members not
				  representing agencies may serve or appoint a representative to the
				  PAG.
(b) The primary responsibility
				  of the PAG is to conduct and coordinate preliminary consistency reviews.
				  Preliminary consistency reviews are intended to create greater predictability
				  in the permitting process by providing applicants with a non-binding, advisory
				  set of preliminary recommendations and findings regarding a proposed action's
				  likely consistency with goals and policies of the CMP.
(c) The preliminary consistency review
				  process does not supplant the regular permitting process. Because the purpose
				  of this process is to foster predictability and not reach a final result,
				  preliminary consistency reviews may produce statements that must be qualified
				  because the information provided by the applicant is incomplete, the review
				  time is shorter, or the matter warrants additional public comment.
(d) The PAG may be convened to assist with
				  the planning and development of regional general permits and general permits to
				  support future beach management and nourishment, coastal restoration projects,
				  and the continued development of the Coastal Management Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter B - PERMITTING ASSISTANCE › Section 28.10 - Permit Service Center

Current through Reg. 49, No. 28; July 12, 2024
(a) Permitting
				  assistance is administered by the Permit Service Center (PSC). The purpose of
				  the PSC is to serve as an outlet for basic permit information and provide
				  applicants with permitting assistance for proposed activities in the coastal
				  zone subject to the CMP.
(b)
				  Assistance will be provided to applicants for proposed activities in the
				  coastal zone requiring either one or more agency or subdivision permits or
				  proposed actions subject to the CMP. These permits and actions are listed in
				  subsection (c) of this section. Under Texas Natural Resources Code §
										33.205(a) and
				  (b), these permits and actions must comply
				  with goals and policies of the CMP.
(c) Agency or subdivision permits and
				  actions:
(1) The General 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 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.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter B - PERMITTING ASSISTANCE › Section 28.11 - Permitting Assistance Coordinator

Current through Reg. 49, No. 28; July 12, 2024
The permitting assistance coordinator will perform the
					 following functions:
(1) Applicant
				  Assistance: Upon the request of an applicant, the permitting assistance
				  coordinator will assist the applicant and monitor the status of the application
				  until the permitting agency or subdivision has all information necessary to
				  decide to issue, condition, or deny the permit. The coordinator will be
				  responsible for providing preapplication assistance, on behalf of the PAG, by
				  performing the services described in §28.12 of this chapter.
(2) Permitting Coastal Issue Team Meetings:
				  The permitting assistance coordinator will schedule, organize, and conduct
				  meetings of the committee's permitting coastal issue team to discuss
				  recommendations regarding particular permit applications or other proposed
				  actions subject to the CMP, or any other coastal permitting or regulatory
				  matters.
(3) Chair of the PAG: The
				  permitting assistance coordinator will serve as the chair of the PAG and will
				  facilitate the preliminary consistency review process conducted by the PAG, as
				  described in Subchapter C of this chapter.
(4) Permit Streamlining: The permitting
				  assistance coordinator will help identify any permitting issues, policies, or
				  practices that create the potential for delay in permitting decisions. The
				  coordinator will work with permitting agency or subdivision representatives and
				  coastal issue team members to develop and implement recommendations to reduce
				  duplication, improve, and streamline permitting processes.
(5) Reporting: The permitting assistance
				  coordinator will document applicant requests for assistance, track permit
				  reviews, and provide reports and data on permitting assistance activities in
				  accordance with federal and state reporting requirements.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter B - PERMITTING ASSISTANCE › Section 28.13 - Permitting Assistance Services

Current through Reg. 49, No. 28; July 12, 2024
Upon the request of an applicant, the permitting assistance
					 coordinator shall provide the following:
(1) A list of the permits or other approvals
				  necessary for the proposed activity.
This list informs the applicant of which permitting
					 agencies or subdivisions must review and approve the proposed activity.
(2) A simple, understandable
				  statement of all permit or approval requirements.
This statement gives the applicant an initial indication of
					 how the proposed activity should be designed, carried out, or maintained to
					 receive the permits or approvals
(3) A coordinated schedule for each agency or
				  subdivision's decision on the permit applications or other approvals.
This schedule informs the applicant of the general timeline
					 and sequence in which the permitting agencies or subdivisions will likely
					 review the proposed activity and grant or deny the applications for permits or
					 other approvals
(4) A list
				  of all information the agencies or subdivisions need to declare the
				  applications for the permits or other approvals administratively complete.
This list informs the applicant of the project-specific
					 information and data that must be collected and included in each application
					 before the permitting agencies or subdivisions can begin the review and
					 approval process.
(5)
				  Assistance in completing the applications as needed.
This gives the applicant the opportunity to obtain
					 explanations or clarifications about the information or data specifically
					 required for each and how to complete and submit each
					 application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter C - PRELIMINARY CONSISTENCY REVIEW › Section 28.20 - Requests for Preliminary Consistency Review

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency, subdivision, or applicant
				  seeking a permit or other proposed action listed in §28.10(c) of this
				  chapter may request a preliminary consistencyreview.
(b) A request for preliminary review must be
				  submitted to the permitting assistance coordinator in writing. The request
				  must:
(1) describe the proposed activity and
				  its probable impacts on coastal natural resource areas;
(2) identify the CMP goals and policies
				  applicable to the proposed activity; and
(3) indicate whether any application have
				  been filed with the agencies or subdivisions required to permit or approve the
				  proposed activity, and state whether those applications have been declared
				  administratively complete.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter C - PRELIMINARY CONSISTENCY REVIEW › Section 28.21 - Preliminary Statement from Permitting Agencies or Subdivisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each permitting
				  agency or subdivision must submit a written preliminary statement to the PAG no
				  later than 45 days after receipt of the request for preliminary consistency
				  review.
(b) The preliminary
				  statement must indicate whether the permitting agency or subdivision
				  anticipates approving or denying the application.
(c) If the permitting agency or subdivision
				  anticipates denying the application, the preliminary statement must include an
				  explanation of the grounds for denial and recommendations for resolving the
				  grounds in a way that would allow the application to be approved.
(d) If enough information is already
				  available, the preliminary statement must include a determination that the
				  proposed activity is likely be found consistent with the CMP goals and
				  policies.
(e) If the proposed
				  activity is likely to be found inconsistent with the goals and policies of the
				  CMP, the preliminary statement should include an explanation and recommendation
				  for resolving the inconsistency in a way that would allow the project to be
				  found consistent.
(f) If the
				  permitting agency or subdivision finds that there is insufficient information,
				  the agency or subdivision may qualify its preliminary statement. A qualified
				  statement must explain the insufficiencies and identify, to the extent
				  practicable, any significant issues that are likely to arise during the regular
				  permitting process and that may result in denial of the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter C - PRELIMINARY CONSISTENCY REVIEW › Section 28.22 - Preliminary Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) Each PAG member
				  must submit a preliminary finding to the permitting assistance coordinator in
				  writing no later than ten days after receipt of the permitting agency or
				  subdivision's preliminary statement.
(b) The preliminary finding must object to or
				  concur with the agency or subdivision's preliminary statement based on whether
				  the proposed permit or action would likely be found consistent with the CMP
				  goals and policies.
(c) If the
				  preliminary finding states that the proposed permit or approval is likely to be
				  found inconsistent with the CMP goals and policies, the finding must include an
				  explanation and recommendation for resolving the inconsistency. The finding
				  should explain the nature of the problem in a way that will help the requestor
				  resolve it during the regular permitting process.
(d) If a PAG member finds that there is
				  insufficient information, opportunity for public comment, or time to fully and
				  completely evaluate the proposed activity, the PAG member may qualify the
				  finding. A qualified finding should explain the nature of the insufficiencies
				  in a way that will help the requestor resolve these issues during the regular
				  permitting process.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 28 - PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW › Subchapter D - ASSISTANCE WITH FEDERAL ACTIONS › Section 28.30 - Assisting Applicants for Federal Licenses and Permits with Consistency Certifications

Current through Reg. 49, No. 28; July 12, 2024
The permitting assistance coordinator will provide
					 applicants for federal licenses or permits with assistance regarding the means
					 for ensuring that the proposed activity will be conducted in a manner
					 consistent with the goals and policies of the CMP. Upon request by an
					 applicant, the coordinator will identify any enforceable policies applicable to
					 the proposed activity, based on the information the applicant has
					 submitted.
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 A - PURPOSE AND SCOPE › Section 29.10 - Purpose and Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to ensure that state agency actions, subdivision actions and
				  general plans subject to the Texas Coastal Management Program (CMP) are
				  consistent with the CMP goals and policies. The commissioner of the General
				  Land Office (commissioner) intends to use the consistency process to:
(1) adequately identify, address, and resolve
				  consistency issues to the maximum extent practicable prior to final agency
				  action;
(2) minimize the number of
				  actions referred to the commissioner for review or study by ensuring adequate
				  review at the agency level and by referring to the commissioner only those
				  actions that present unique or significant consistency issues;
(3) avoid the creation of an additional layer
				  of bureaucracy;
(4) avoid
				  subjecting to regulation actions not currently subject to regulation;
				  and
(5) provide procedural
				  safeguards to ensure proper notice, opportunity for hearing, and fairness in
				  decision-making.
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 A - PURPOSE AND SCOPE › Section 29.11 - Actions and Rules Subject to the Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this chapter and Chapter
				  26 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
				  General Land Office (GLO), 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 plan amendments;
				  or
(K) an agency or subdivision
				  wetlands mitigation bank.
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 A - PURPOSE AND SCOPE › Section 29.12 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Agency--Any state
				  agency, department, board, or commission of the state.
(2) Coastal natural resource area (CNRA)--Any
				  area defined in Texas Natural Resources Code, §
											33.203(1)
				  that is located with the coastal zone.
(3) Commissioner--Commissioner of the
				  GLO.
(4) Committee--Coastal
				  Coordination Advisory Committee.
(5) CMP coordinator--The GLO staff member
				  designated by the commissioner.
(6)
				  CMP goals and policies--The goals and policies set forth in Chapter 26 of this
				  title (relating to Coastal Management Program).
(7) Program boundary--The CMP boundary
				  established in §27.1 of this title (relating to Coastal Management Program
				  Boundary).
(8) Subdivision--A local
				  government or any political subdivision of the state.
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 29.20 - Commissioner Review and Certification of Agency Rules and Rule Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon adoption of a rule or amendment to a
				  rule listed in §29.11(b) of this chapter (relating to Actions and Rules
				  Subject to the Coastal Management Program), an agency may seek certification
				  from the commissioner that the rule or rule amendment is consistent with the
				  CMP goals and policies by filing a written Request for Certification with the
				  CMP coordinator. The request shall include a copy of the rule or rule amendment
				  for which the agency seeks certification and a reasoned statement supporting
				  the agency's determination that the rule or rule amendment is consistent with
				  the CMP goals and policies.
(b) The
				  CMP coordinator shall distribute copies of the Request for Certification,
				  including all supporting information, to all committee members. The CMP
				  coordinator shall publish in the
Texas Register
a notice of
				  availability and request public comment on the Request for
				  Certification.
(c) The commissioner
				  shall make a determination as to whether the rule or rule amendment should be
				  certified as consistent with the CMP goals and policies on or before the 90th
				  day after the CMP coordinator received the Request for Certification.
(d) If the commissioner finds that the rule
				  or rule amendment incorporates or otherwise requires the agency to comply with
				  all applicable goals and policies of the program, the commissioner shall issue
				  a written certification of the rule.
(e) If the commissioner finds that the rule
				  does not incorporate or otherwise require the agency to comply with all
				  applicable goals and policies of the program, the commissioner shall issue a
				  written statement denying certification of the rule. The denial shall explain
				  the basis for such denial, and recommend rule revisions necessary to obtain
				  certification. The agency may amend the rule and resubmit it for
				  certification.
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 29.21 - Effect of Commissioner Certification of Agency Rules and Rule Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the commissioner's certification of
				  an agency's rules or rule amendments pursuant to §
										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 Rules and Rule Amendments), the agency's rules are
				  incorporated into the CMP goals and policies, and any threshold for referral
				  approved pursuant to §
										29.26 of this chapter (relating to
				  Approval of Thresholds for Referral) that applies to actions under those rules
				  shall become operative and limit the commissioner's authority to review
				  individual actions of the agency, as provided in §
										29.32 of this chapter (relating to
				  Requirements for Referral of a Proposed Agency Action).
(b) After an agency's rules are certified and
				  an agency's thresholds are approved, the agency's consistency determination for
				  an action is final and is not subject to referral and review, except as
				  provided by §
										29.32 of this chapter.
(c) Where commissioner certification of a
				  rule or rule amendment takes place after the effective date of a rule or rule
				  amendment, the provisions of §
										29.32 of this chapter will be
				  considered to be in effect to limit commissioner review of an agency action
				  listed in §
										29.11(a) of this
				  chapter (relating to Actions and Rules Subject to the Coastal Management
				  Program) provided:
(1) the agency files a
				  request for certification of the rule or rule amendment within seven days of
				  the date of adoption;
(2) the
				  action is undertaken pursuant to the rule or rule amendment for which
				  certification is sought; and
(3)
				  the action was initiated after the rule or rule amendment was adopted and
				  before the commissioner acted on the request for certification.
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 29.22 - Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a) When proposing
				  to adopt or amend a rule listed in §29.11(b) of this chapter (relating to
				  Actions and Rules Subject to the Coastal Management Program) an agency shall
				  include in the preamble to the proposed rule as published in the
Texas
				  Register
the following:
(1) a
				  statement that the proposed rule or rule amendment is subject to the Coastal
				  Management Program and must be consistent with all applicable CMP
				  policies;
(2) a reasoned
				  justification explaining the basis upon which the agency concluded the proposed
				  rule is consistent with each applicable CMP policy; and
(3) a request for public comment on the
				  consistency of the proposed rule or rule amendment.
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 29.23 - Expedited Certification of Rules and Rule Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with this section, the
				  commissioner may provide expedited certification of a rule or rule amendment.
				  An agency may request and the commissioner may provide expedited certification
				  of an agency's rule or rule amendment only if:
(1) the agency has included in the preamble
				  to the proposed rule or rule amendment published in the
Texas
				  Register
notice that the agency will seek expedited certification upon
				  adoption of the rule;
(2) the
				  agency has filed with the CMP coordinator at the time the rule or rule
				  amendment is proposed a Notice of Intent to Seek Expedited Certification and
				  attached a copy of the proposed rule or rule amendment; and
(3) the agency submitted the draft rule or
				  draft rule amendment to the CMP coordinator for pre-certification review
				  pursuant to §29.24 of this chapter (relating to Pre-Certification Review
				  of Draft Rules and Draft Rule Amendments).
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 29.24 - Pre-Certification Review of Draft Rules and Draft Rule Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to the publication in the
Texas Register
of a proposed rule or amendment to a rule
				  listed in §29.11(b) of this chapter (relating to Actions and Rules Subject
				  to the Coastal Management Program), an agency may seek pre-certification review
				  by filing a Request for Pre-certification Review with the CMP coordinator. The
				  request shall include a copy of the draft rule or draft rule amendment and any
				  information the agency wishes the commissioner to consider. This request shall
				  allow the commissioner a minimum of 30 days to review and comment on the draft
				  rule or rule amendment.
(b) The CMP
				  coordinator shall distribute copies of the Request for Pre-certification
				  Review, including all supporting information, to all committee
				  members.
(c) The commissioner may
				  review and comment in writing within 30 days of the date the request was
				  received by the CMP coordinator, unless a longer time is provided in the
				  agency's request. The commissioner's comments should identify applicable CMP
				  goals and policies and potential inconsistencies with such goals and policies
				  in the draft rule or rule amendment. The commissioner may make recommendations
				  to the agency on how to correct any inconsistencies. The agency shall consider
				  the commissioner's comments and any comments from the committee
				  members.
(d) Agencies are
				  encouraged to seek pre-certification review to maximize opportunities to
				  coordinate agency rules, facilitate effective and efficient implementation of
				  the CMP, and to identify and correct possible inconsistencies in the draft rule
				  or draft rule amendment prior to publication of the proposal in the
Texas Register.