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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 1GENERAL LAND OFFICE
CHAPTER 28PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW
SUBCHAPTER CPRELIMINARY CONSISTENCY REVIEW
RULE §28.20Requests for Preliminary Consistency Review

(a) An agency, subdivision or applicant seeking a permit or other proposed action listed in §28.10(c) of this chapter may request a preliminary consistency review.

(b) A request for preliminary review must be submitted to the permitting assistance coordinator in writing. The request must:

  (1) describe the proposed activity and its probable impacts on coastal natural resource areas;

  (2) identify the CMP goals and policies applicable to the proposed activity; and

  (3) indicate whether any application have been filed with the agencies or subdivisions required to permit or approve the proposed activity, and state whether those applications have been declared administratively complete.

(c) The time period for a preliminary review commences when the permitting assistance coordinator receives the request. Upon receipt of the request, the coordinator will:

  (1) file a notice for publication in the Texas Register requesting public comment on the consistency of the proposed activity which is the subject of the request;

  (2) forward the request to each agency or subdivision required to permit or approve the proposed activity; and

  (3) forward the request to all members of the PAG.

(d) Public comments will be accepted for 30 days and must be submitted to the permitting assistance coordinator. Upon the close of the comment period, the coordinator will distribute all public comments to the members of the PAG.

(e) The PAG may meet as needed to discuss the request for preliminary consistency review and any related matters. The permitting assistance coordinator will schedule, organize, and chair meetings of the PAG.


Source Note: The provisions of this §28.20 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 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

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