31 Tex. Admin. Code § 16.4 - Thresholds for Referral
(a) Pursuant to §505.32
of this title (relating to Requirements for Referral of a Proposed Agency
Action), the thresholds for potential referral of GLO or SLB actions to the
council for consistency review are as follows.
(b) Real Estate Activities.
(1) Except for energy-related activities
(i.e., activities related to oil, gas, or other mineral exploration and
production), the GLO's or SLB's issuance of the following instruments exceeds
the threshold if the authorized activities would adversely affect CNRA acreage
greater than that in paragraph (2) of this subsection:
(A) a coastal easement pursuant to the Texas
Natural Resources Code, §
33.111, for
dredging of basins and channels or construction of piers, docks, marinas,
bulkheads, seawalls, and other waterfront structures on state-owned submerged
land;
(B) a cabin permit pursuant
to the Texas Natural Resources Code, §
33.103, for
the construction or use of fishing cabins on state-owned submerged land;
or
(C) a surface lease pursuant to
the Texas Natural Resources Code, §
51.121, for
construction of commercial facilities, artificial reefs, and other
non-waterfront structures on state-owned land.
(2) The acreage thresholds for real estate
activities are as follows:
(A) one-half acre
of oyster reef;
(B) one acre of
submerged aquatic vegetation;
(C)
one acre of coastal wetland;
(D)
one acre of algal flat;
(E) one
acre of tidal mud flat;
(F) one
acre of tidal sand flat;
(G) one
acre of state submerged land; or
(H) one acre of upland area fitting the
definition of coastal barrier, coastal shore area, Gulf beach, critical dune
area, special hazard area, critical erosion area, coastal historic area, or
coastal preserve, as defined in Texas Natural Resources Code, §
33.203(1).
(c) Energy-Related
Activities (activities related to oil, gas, or other mineral exploration and
production).
(1) The GLO's or SLB's approval
of a mineral lease plan of operations for hard mineral exploration and
production exceeds the threshold if the authorized activities would adversely
affect CNRA acreage greater than the following:
(A) In the upper coast:
(i) one-half acre of oyster reef;
(ii) five acres of submerged aquatic
vegetation;
(iii) five acres of
coastal wetland;
(iv) five acres of
algal flat;
(v) five acres of tidal
mud flat;
(vi) ten acres of tidal
sand flat;
(vii) 40 acres of waters
in the open Gulf of Mexico;
(viii)
40 acres of open bay waters under tidal influence; or
(ix) 40 acres of upland area fitting the
definition of coastal barrier, coastal shore area, Gulf beach, critical dune
area, special hazard area, critical erosion area, coastal historic area, or
coastal preserve, as defined in Texas Natural Resources Code, §
33.203(1).
(B) In the lower coast:
(i) one-half acre of oyster reef;
(ii) 40 acres of submerged aquatic
vegetation;
(iii) five acres of
coastal wetland;
(iv) 20 acres of
algal flat;
(v) 20 acres of tidal
mud flat;
(vi) 40 acres of tidal
sand flat;
(vii) 40 acres of waters
in the open Gulf of Mexico;
(viii)
40 acres of open bay waters under tidal influence; or
(ix) 40 acres of upland area fitting the
definition of coastal barrier, coastal shore area, Gulf beach, critical dune
area, special hazard area, critical erosion area, coastal historic area, or
coastal preserve, as defined in Texas Natural Resources Code, §
33.203(1).
(2) The GLO's or SLB's
issuance of a geophysical permit for exploration for oil, gas, or other
minerals on state-owned lands exceeds the threshold if the permit authorizes
one of the following:
(A) For upland areas, a
shot in excess of 40 pounds of dynamite equivalent;
(B) For submerged areas, either:
(i) a shot in excess of 20 pounds of dynamite
equivalent; or
(ii) a shot hole
less than 120 feet below the mud line.
(3) With respect to energy-related activities
not covered within the scope of a hard mineral plan of operations, the GLO's or
SLB's issuance of a surface lease (pursuant to the Texas Natural Resources
Code, §
51.121), or a
coastal easement (pursuant to the Texas Natural Resources Code, §
33.111),
exceeds the threshold only if the instrument authorizes:
(A) permanent disturbance of five acres or
more of a critical area or removal of more than 10,000 cubic yards of material
from a critical area, except with respect to submerged aquatic vegetation and
tidal mud or sand flats in the lower coast; or
(B) permanent disturbance of ten acres or
more of submerged aquatic vegetation or tidal mud or sand flats in the lower
coast.
(d) A
miscellaneous easement issued pursuant to the Texas Natural Resources Code, §
51.291,
exceeds the threshold for potential referral if the miscellaneous easement
authorizes:
(1) permanent disturbance of five
acres or more of a critical area or removal of more than 10,000 cubic yards of
material from a critical area, except with respect to submerged aquatic
vegetation and tidal mud or sand flats in the lower coast; or
(2) permanent disturbance of ten acres or
more of submerged aquatic vegetation or tidal mud or sand flats in the lower
coast.
(e) Any GLO or
SLB action described in §
16.1 of this title (relating to
Definitions and Scope) that may adversely affect a CNRA that has not been
specifically addressed in this section, exceeds the threshold if the action
would adversely affect greater than 40 acres of any such CNRA.
(f) Any GLO or SLB action described in §
16.1 of this title (relating to
Definitions and Scope) that may adversely affect a CNRA must be consistent with
the goals and policies in §
16.2 and §
16.3 of this title (relating to
Policy for Major Actions, and Policies for Specific Activities and Coastal
Natural Resource Areas), whether above or below the applicable
threshold.
Notes
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