31 Tex. Admin. Code § 59.42 - Land Acquisition Guidelines (Including Donations)

(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.

(b) No land will be added to the state park system unless the land is formally accepted by the Texas Parks and Wildlife Commission voting in open session. The Texas Parks and Wildlife Commission, in its sole discretion, may accept or decline any proposed donations of land for inclusion in the state park system.

Notes

31 Tex. Admin. Code § 59.42

The provisions of this §59.42 adopted to be effective January 2, 1997, 21 TexReg 12420; amended to be effective April 23, 2001, 26 TexReg 3023; amended to be effective August 10, 2009, 34 TexReg 5394; Adopted by Texas Register, Volume 41, Number 15, April 8, 2016, TexReg 2597, eff. 4/10/2016