31 Tex. Admin. Code § 29.30 - Agency Consistency Determination
(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.
(c)
For actions that exceed the thresholds for referral, the agency shall provide a
written explanation supporting the determination made under subsection (b) of
this section. The explanation shall describe the basis for the agency's
determination, include a description of the proposed action and its probable
impacts on CNRAs, identify the CMP goals and policies applied to the proposed
action, and explain how the proposed action is consistent with the applicable
goals and policies or why the proposed action does not adversely affect any
CNRAs.
(d) When publishing notice
of receipt of an application or request for agency proposed action, the agency
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.
(e) Agencies shall maintain a record of all
proposed actions that are subject to the CMP and provide such record to the CMP
coordinator on a quarterly basis.
Notes
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