31 Tex. Admin. Code § 16.2 - Goals and Administrative Policies
(a)
Goals. Subject to §
16.1(c) of this
title (relating to Definitions and Scope), when taking or authorizing an action
identified in §
16.1(b) of this
title (relating to Definitions and Scope) that may adversely affect a CNRA, the
goals of the GLO and SLB shall be the coastal management program goals in
§501.12 of this title (relating to Goals of the Coastal Management
Program).
(b) Administrative
Policies. Subject to §
16.1(c) of this
title (relating to Definitions and Scope), when taking or authorizing an action
identified in §
16.1(b) of this
title (relating to Definitions and Scope) that may adversely affect a CNRA, the
administrative policies of the GLO and the SLB shall be the administrative
policies in §501.13(a) of this title (relating to Administrative Policies of
the Coastal Management Program).
(c) Policy for Major Actions. Prior to taking
a major action, as defined in §
16.1 of this title (relating to
Definitions and Scope), the GLO and the SLB shall comply with the requirements
of §501.15(b) of this title (relating to Policies for Major Actions) and
§501.15(c) of this title (relating to Policies for Major Actions).
(d) The GLO or the SLB, as appropriate, shall
include in a permit or other document proposing an action listed in §
16.1(b) of this
title (relating to Definitions and Scope) to which this chapter applies, either
a consistency determination or a determination of no adverse effect as follows.
(1) Consistency Determination. The (GLO or
SLB) has reviewed this proposed action for consistency with the Texas Coastal
Management Program goals and policies, in accordance with the regulations of
the Coastal Coordination Council, and has determined that the proposed action
is consistent with the Texas CMP goals and policies applicable to the proposed
action.
(2) Determination of No
Direct and Significant Adverse Effect. The (GLO or SLB) has reviewed this
proposed action for consistency with the Texas CMP goals and policies, in
accordance with the regulations of the Coastal Coordination Council, and has
found that the proposed action will not have a direct and significant adverse
effect on the coastal natural resource areas identified in the applicable
policies.
(e) For
actions that exceed the thresholds for referral as set out in §
16.4 of this title (relating to
Thresholds for Referral), the GLO or the SLB, as appropriate, shall provide a
written explanation supporting the determination made under subsection (d) of
this section. The explanation shall describe the basis for the agency's
determination, include a description of the action and its probable impacts on
CNRAs, identify the CMP goals and policies applied to the action, and explain
how the action is consistent with the applicable goals and policies or why the
action does not adversely affect any CNRAs.
(f) When publishing notice of receipt of an
application or request for agency action, the GLO or the SLB, as appropriate,
shall include a statement that the application or requested action is subject
to the CMP and must be consistent with the CMP goals and policies.
(g) The GLO and the SLB shall maintain a
record of all proposed actions that are subject to the CMP and provide such
record to the council on a quarterly basis.
Notes
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