Texas Administrative Code

Texas Administrative Code

TITLE 31	NATURAL RESOURCES AND CONSERVATION
PART 1	GENERAL LAND OFFICE
CHAPTER 28	PERMITTING ASSISTANCE AND PRELIMINARY CONSISTENCY REVIEW
SUBCHAPTER C	PRELIMINARY CONSISTENCY REVIEW
RULE §28.22	Preliminary Findings

(a) Each PAG member must submit a preliminary finding to the permitting assistance coordinator in writing no later than ten days after receipt of the permitting agency or subdivision's preliminary statement.

(b) The preliminary finding must object to or concur with the agency or subdivision's preliminary statement based on whether the proposed permit or action would likely be found consistent with the CMP goals and policies.

(c) If the preliminary finding states that the proposed permit or approval is likely to be found inconsistent with the CMP goals and policies, the finding must include an explanation and recommendation for resolving the inconsistency. The finding should explain the nature of the problem in a way that will help the requestor resolve it during the regular permitting process.

(d) If a PAG member finds that there is insufficient information, opportunity for public comment, or time to fully and completely evaluate the proposed activity, the PAG member may qualify the finding. A qualified finding should explain the nature of the insufficiencies in a way that will help the requestor resolve these issues during the regular permitting process.

Source Note: The provisions of this §28.22 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective March 29, 2010, 35 TexReg 2601; 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