Texas Administrative Code

Texas Administrative Code

TITLE 31	NATURAL RESOURCES AND CONSERVATION
PART 1	GENERAL LAND OFFICE
CHAPTER 26	COASTAL MANAGEMENT PROGRAM
SUBCHAPTER B	GOALS AND POLICIES
RULE §26.13	Administrative Policies

(a) Agency and subdivision rules and ordinances subject to §26.10 of this title (relating to Compliance with Goals and Policies) shall:

(1) require applicants to provide information necessary for an agency or subdivision to make an informed decision on a proposed action listed in §29.11 of this title (relating to Actions and Rules Subject to the Coastal Management Program) or §29.60 of this title (relating to Local Government Actions Subject to the Coastal Management Program);

(2) identify the monitoring established to ensure that activities authorized by actions listed in §29.11 of this title or §29.60 of this title comply with all applicable requirements;

(3) identify circumstances in which agencies and subdivisions have the authority to issue variances from standards or requirements for the protection of CNRAs, including the grounds for granting variances; and

(4) take into account the national interest as defined in the Texas Coastal Management Program Final Environmental Impact Statement, August 1996, Part II, Chapter 7.

(b) A threshold for referral adopted by an agency under the provisions of Chapter 29 of this title (relating to Procedures for State Consistency with Coastal Management Program Goals and Policies shall be set at a level that is reasonably calculated to ensure that actions that may have unique and significant adverse effects on coastal natural resource areas are above the threshold for referral.

Source Note: The provisions of this §26.13 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective October 29, 2006, 31 TexReg 8840; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3671