Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter C - ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDINGS AND STRUCTURES › Section 59.42 - Land Acquisition Guidelines (Including Donations)

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission finds that there are many
				  factors that affect the suitability of land for use as a state park, natural
				  area or historic site, and objectively quantifying the relative value of one
				  tract over another can be difficult or impossible. Nonetheless, all potential
				  acquisitions (including donations) are evaluated for their attributes with
				  respect to the categories delineated in this section. The relative importance
				  of each parameter within the categories will vary from proposal to proposal,
				  depending upon the specific needs and goals of the department at the time of
				  consideration.
(1) Contribution to Land and
				  Water Resources Conservation and Recreation Plan. The department will consider
				  whether the addition of land for inclusion in the state parks system is
				  consistent with the department's Land and Water Resources Conservation and
				  Recreation Plan.
(2) Contiguity
				  with existing land in the state parks system. The land is near, adjacent to, or
				  within the boundaries of an existing unit of the state parks system.
(3) Recreational value. The land possesses a
				  high potential for providing popular, strategic, or critical opportunities for
				  recreational enjoyment of the natural world by the public. Such potential is
				  characterized by:
(A) water features such as
				  springs, creeks, bayous, rivers, lakes, or coastline;
(B) landforms such as mountains, hills,
				  canyons, etc., that are suitable for hiking, camping, or other types of outdoor
				  use that are typically sought after or enjoyed by the public;
(C) underground features such as caves,
				  caverns, or sinkholes;
(D)
				  significant aesthetic resources, such as views or panoramas; or
(4) Natural resource value. The
				  land:
(A) contains a high-value natural
				  feature or features;
(B) is habitat
				  for rare or endangered species of plants or animals;
(C) reflects a representative ecosystem of
				  the state or could be restored or managed to reflect a natural ecosystem;
				  or
(D) significant geological or
				  paleontological resources.
(5) Historical or Interpretive value. The
				  land provides significant cultural or historical resources or interpretive
				  value consistent with the department's Land and Water Resources Conservation
				  and Recreation Plan.
(6) The land
				  fills a gap in the inventory of natural or cultural resources or recreational
				  opportunities offered by the state park system.
(7) Ancillary values. The land offers or
				  contains significant or valuable:
(A)
				  viewsheds;
(B) wildlife
				  corridors;
(C) watersheds;
				  or
(D) buffers for existing
				  parkland from development or other incompatible land uses.
(8) Size. The department shall consider the
				  size of a parcel of land as it relates to the factors set forth in paragraphs
				  (1) - (5) of this subsection.
(A) Small
				  parcels (less than 500 acres) should normally be contiguous to existing
				  properties in the state park system to be considered, unless the value of the
				  parcel in terms of the criteria listed in paragraphs (1) - (5) of this
				  subsection is such that the department has a compelling interest in acquiring
				  the land.
(B) Large parcels
				  (greater than 500 acres) need not be contiguous to existing properties within
				  the state park system to be considered for acquisition, provided that
				  acquisition is consistent with the department's Land and Water Resources
				  Conservation and Recreation Plan.
(9) Other criteria. The department will
				  consider other criteria, including, but not limited to cost effectiveness,
				  source or availability of funding, access, deed restrictions, potential threats
				  to future operations from mineral activity, use agreements, previous land uses,
				  operating and maintenance costs or any other factors would make the use of the
				  land undesirable, impractical, or problematic.