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RULE §281.42Definitions

The following words, terms, and phrases, where used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Application--Any request for a permit, order, or other authorization from the commission or executive director.

  (2) Coastal barrier--An undeveloped area on a barrier island, peninsula, or other protected area, as designated by United States Fish and Wildlife Service Maps.

  (3) Coastal Barrier Resources System--Consists of those undeveloped coastal barriers and other areas located on the coasts of the United States that are identified and generally depicted on the maps on file with the Secretary of the Interior entitled "Coastal Barrier Resources System" as defined under Section 4 of the Coastal Barrier Improvement Act of 1990.

  (4) Coastal Coordination Council (CCC or council)--A policy making and review body established by Senate Bill 1053, Coastal Coordination Act, Chapter 295, §§37 et seq, Texas Laws (72nd Legislature 1991), codified in Texas Natural Resources Code, §33.203(20).

  (5) Coastal Natural Resource Areas--Areas as defined by Texas Natural Resource Code, §33.203(1) are as follows:

    (A) coastal barriers;

    (B) coastal historic areas;

    (C) coastal preserves;

    (D) coastal shore areas;

    (E) coastal wetlands;

    (F) critical dune areas;

    (G) critical erosion areas;

    (H) gulf beaches;

    (I) hard substrate reefs;

    (J) oyster reefs;

    (K) submerged land;

    (L) special hazard areas;

    (M) submerged aquatic vegetation;

    (N) tidal sand or mud flats;

    (O) water of the open Gulf of Mexico; and

    (P) water under tidal influence.

  (6) Coastal waters--Waters in the open Gulf of Mexico and water subject to tidal influence.

  (7) Commission--The Texas Natural Resource Conservation Commission.

  (8) Critical area--A coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat (as defined in 31 TAC §501.3).

  (9) Priority segment--Those designated stream or bay segments delineated in Chapter 307 of this title (relating to Surface Water Quality Standards) and identified as priority segments because they are within the coastal boundary and exhibit characteristics of high water quality and require protection to maintain designated uses. Segment quality determinations were made using water quality traditional scoring for segment ranking and other factors to determine the quality of water relative to designated uses. These segments are listed in Appendix B of §281.48 of this title (relating to Appendices).

  (10) Program boundary--The boundary established in Texas Natural Resources Code, §33.2053(k), as defined in Title 31, Texas Administrative Code, §503.1 (Coastal Management Program Boundary).

  (11) Texas Coastal Management Program--The plan and related goals and policies as developed by the CCC in accordance with Texas Natural Resources Code, §33.204, and codified in 31 TAC Chapters 501, 503, and 505-506.

  (12) Tidal segment--Those designated stream or bay segments listed in §281.48 of this title Appendix C. These segments were designated as tidal segments because they have measurable elevation changes due to normal tides. In the absence of tidal elevation information, tidal segments are generally considered to be waters which typically have salinities of two parts per thousand or greater in a significant portion of the water column.

Source Note: The provisions of this §281.42 adopted to be effective May 15, 1996, 21 TexReg 3798.

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