| (a) Development of new infrastructure or major repair
of existing infrastructure within or supporting development within
Coastal Barrier Resource System Units and Otherwise Protected Areas
designated on maps dated October 24, 1990, as those maps may be modified,
revised, or corrected, under the Coastal Barrier Resources Act, 16
United States Code Annotated, §3503(a), shall comply with the
policies in this section.
(1) Development of publicly funded infrastructure shall
be authorized only if it is essential for public health, safety, and
welfare, enhances public use, or is required by law.
(2) Infrastructure shall be located at sites at which
reasonably foreseeable future expansion will not require development
in critical areas, critical dunes, Gulf beaches, and washover areas
within Coastal Barrier Resource System Units or Otherwise Protected
Areas.
(3) Infrastructure shall be located at sites that to
the greatest extent practicable avoid and otherwise minimize the potential
for adverse effects on critical areas, critical dunes, Gulf beaches,
and washover areas within Coastal Barrier Resource System Units or
Otherwise Protected Areas from:
(A) construction and maintenance of roads, bridges,
and causeways; and
(B) direct release to coastal waters, critical areas,
critical dunes, Gulf beaches, and washover areas within Coastal Barrier
Resource System Units or Otherwise Protected Areas of oil, hazardous
substances, or stormwater runoff.
(4) Where practicable, infrastructure shall be located
in existing rights-of-way or previously disturbed areas to avoid or
minimize adverse effects within Coastal Barrier Resource System Units
or Otherwise Protected Areas.
(5) Development of infrastructure shall occur at sites
and times selected to have the least adverse effects practicable within
Coastal Barrier Resource System Units or Otherwise Protected Areas
on critical areas, critical dunes, Gulf beaches, and washover areas
and on spawning or nesting areas or seasonal migrations of commercial,
recreational, threatened, or endangered terrestrial or aquatic wildlife.
(b) TCEQ rules and approvals for the creation of special
districts and for infrastructure projects funded by issuance of
bonds by water, sanitary sewer, and wastewater drainage districts
under Texas Water Code, Chapters 49, 50, and 59; water control and
improvement districts under Texas Water Code, Chapter 50; municipal
utility districts under Texas Water Code, Chapter 54; regional plan
implementation agencies under Texas Water Code, Chapter 54; special
utility districts under Texas Water Code, Chapter 65; stormwater control
districts under Texas Water Code, Chapter 66; and all other general
and special law districts subject to and within the jurisdiction of
the TCEQ, shall comply with the policies in this section. TxDOT rules
and approvals under Texas Transportation Code Chapter 201, et seq.,
governing planning, design, construction, and maintenance of transportation
projects, shall comply with the policies in this section.
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| Source Note: The provisions of this §26.28 adopted to be effective October 6, 2004, 29 TexReg 9407; 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 |
