31 Tex. Admin. Code § 29.68 - Standard of Commissioner Review of a Proposed Subdivision Action

(a) The only basis on which the commissioner may protest a proposed subdivision action is that the proposed action is inconsistent with the CMP goals and policies.

(b) Following the GLO's certification of a subdivision's dune protection and beach access plan under § 15.3(o) of this title (relating to Administration) as consistent with the CMP goals and policies:

(1) the subdivision's consistency determination is final and is not subject to referral and review, except as provided in § 29.64 of this chapter (relating to Requirements for Referral of a Proposed Subdivision Action); and

(2) the commissioner shall presume that the subdivision's consistency determination is valid, if such determination is documented by the underlying record, and the burden shall be on the person filing the Request for Referral to demonstrate that the subdivision's proposed action is inconsistent with the CMP goals and policies.

Notes

31 Tex. Admin. Code § 29.68

The provisions of this §505.68 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; Amended by Texas Register, Volume 43, Number 39, September 28, 2018, TexReg 6453, eff. 10/7/2018; Entire chapter transferred from Title 31, Chapter 505 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022; Amended by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3677, eff. 7/10/2023