| (a) Permitting assistance is administered by the Permit
Service Center (PSC). The purpose of the PSC is to serve as an outlet
for basic permit information and provide applicants with permitting
assistance for proposed activities in the coastal zone subject to
the CMP.
(b) Assistance will be provided to applicants for proposed
activities in the coastal zone requiring either one or more agency
or subdivision permits or proposed actions subject to the CMP. These
permits and actions are listed in subsection (c) of this section.
Under Texas Natural Resources Code §33.205(a) and (b), these
permits and actions must comply with goals and policies of the CMP.
(c) Agency or subdivision permits and actions:
(1) The General Land Office, the School Land Board,
or a board for lease of state-owned lands when issuing or approving:
(A) a mineral lease plan of operations;
(B) a geophysical or geochemical permit;
(C) a coastal easement;
(D) a miscellaneous easement;
(E) a coastal lease;
(F) a surface lease;
(G) a structure registration;
(H) a cabin permit;
(I) a navigation district lease;
(J) certification of a local government beach access
or dune protection plan; or
(K) an agency or subdivision wetlands mitigation bank.
(2) The Public Utility Commission of Texas when issuing
a certificate of convenience and necessity.
(3) The Railroad Commission of Texas when issuing:
(A) a wastewater discharge permit;
(B) a waste disposal or storage pit permit; or
(C) a certification of a federal permit for the discharge
of dredge or fill material.
(4) The Texas Transportation Commission when approving:
(A) an acquisition of a site for the placement or disposal
of dredge material from, or the expansion, relocation, or alteration
of, the Gulf Intracoastal Waterway; or
(B) a transportation construction project or maintenance
program.
(5) The Texas Historical Commission and the Antiquities
Committee when issuing:
(A) a permit for destruction, alteration, or taking
of a coastal historic area; or
(B) a review of a federal undertaking affecting a coastal
historic area.
(6) The Texas Commission on Environmental Quality when
issuing or approving:
(A) a wastewater discharge permit;
(B) a permit for a new concentrated animal feeding
operation located one mile or less from a critical area or coastal
waters;
(C) a permit for solid or hazardous waste treatment,
storage, or disposal;
(D) creation of a special purpose district or approval
of bonds for the purpose of construction of infrastructure on coastal
barriers;
(E) levee improvement or flood control projects;
(F) a certification of a federal permit for the discharge
of dredge or fill material;
(G) a declaration of an emergency and request for an
emergency release of water;
(H) a new permit for an annual appropriation of:
(i) 5,000 or more acre-feet of water within the program
boundary; or
(ii) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast;
(I) an amendment to a water permit for an increase
in an annual appropriation of:
(i) 5,000 or more acre-feet of water within the program
boundary; or
(ii) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast; or
(J) a change in the purpose of use of an annual appropriation
of water to a more consumptive use of:
(i) 5,000 or more acre-feet of water within the program
boundary; or
(ii) 10,000 or more acre-feet of water outside the
program boundary but within 200 stream miles of the coast.
(7) The Texas Parks and Wildlife Department when issuing
or approving:
(A) an oyster lease or certificate of location;
(B) a permit for taking, transporting, or possessing
threatened or endangered species;
(C) a permit for disturbing marl, sand, shell, or gravel
on state-owned land; or
(D) development by a person other than the Texas Parks
and Wildlife Department that requires the use or taking of any public
land in a state park, wildlife management area, or preserve.
(8) A subdivision when issuing a dune protection permit
or beachfront construction certificate that authorizes:
(A) construction activity that is located 200 feet
or less landward of the line of vegetation and that results in the
disturbance of more than 7,000 square feet of dunes or dune vegetation;
(B) construction activity that results in the disturbance
of more than 7,500 cubic yards of dunes;
(C) a coastal shore protection project undertaken on
a gulf beach or 200 feet or less landward of the line of vegetation
and that affects more than 500 linear feet of gulf beach; or
(D) a closure, relocation, or reduction in existing
public beach access or public beach access designated in an approved
local government beach access plan, other than for a short term.
(9) An action to renew, amend, or modify an existing
permit, certificate, lease, easement, approval, or other action is
not an action under this section if the action is taken under a rule
that has been certified under Texas Natural Resources Code §33.2052
and:
(A) for a wastewater discharge permit, if the action
is not a major permit modification that would:
(i) increase pollutant loads to coastal waters; or
(ii) result in relocation of an outfall to a critical
area;
(B) for solid, hazardous, or nonhazardous waste permits,
if the action is not a Class III modification under rules of the Texas
Natural Resource Conservation Commission; or
(C) for any other action, if the action:
(i) only extends the period of the existing authorization
and does not authorize new or additional work or activity; or
(ii) is not directly relevant to Texas Natural Resources
Code §33.205(a) and (b).
(10) Except as provided by paragraph (6)(H) - (J) of
this subsection, this does not apply to an agency permit or action
authorizing an activity outside the program boundary.
(d) The PSC also provides permitting assistance for
the following equivalent federal actions:
(1) Environmental Protection Agency: National Pollution
Discharge Elimination System (NPDES) permits under 33 United States
Code Annotated, §1342.
(2) United States Army Corps of Engineers: Dredge and
fill permits under 33 United States Code Annotated, §1344.
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| Source Note: The provisions of this §28.10 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective July 19, 1999, 24 TexReg 5522; amended to be effective October 6, 2004, 29 TexReg 9409; amended to be effective October 7, 2018, 43 TexReg 6450; 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 3674 |
