| (a) An agency, when proposing an action listed in §29.11(a)
of this chapter (relating to Actions and Rules Subject to the Coastal
Management Program) that may adversely affect a coastal natural resource
area (CNRA), shall comply with the CMP goals and policies.
(b) An agency subject to subsection (a) of this section
shall affirm that it has taken into account the CMP goals and policies
by issuing a written determination that a proposed action is consistent
with the CMP goals and policies or will not have any direct and significant
impacts on applicable CNRAs. For purposes of these determinations,
"direct" refers to impacts that are causally linked to an activity;
"significant" refers to appreciable impacts on CNRAs. The agency shall
include in its written determination one of the following statements:
(1) Consistency Determination. The (State Agency Name)
has reviewed this proposed action for consistency with the Texas Coastal
Management Program (CMP) goals and policies and has determined that
the proposed action is consistent with the applicable CMP goals and
policies.
(2) Determination of No Direct and Significant Adverse
Effect. The (State Agency Name) has reviewed this proposed action
for consistency with the CMP goals and policies and has determined
that the proposed action will not have a direct and significant adverse
effect on the coastal natural resource areas (CNRAs) identified in
the applicable policies.
(c) For actions that exceed the thresholds for referral,
the agency shall provide a written explanation supporting the determination
made under subsection (b) of this section. The explanation shall describe
the basis for the agency's determination, include a description of
the proposed action and its probable impacts on CNRAs, identify the
CMP goals and policies applied to the proposed action, and explain
how the proposed action is consistent with the applicable goals and
policies or why the proposed action does not adversely affect any
CNRAs.
(d) When publishing notice of receipt of an application
or request for agency proposed action, the agency shall include a
statement that the application or requested action is subject to the
CMP and must be consistent with the CMP goals and policies.
(e) Agencies shall maintain a record of all proposed
actions that are subject to the CMP and provide such record to the
CMP coordinator on a quarterly basis.
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| Source Note: The provisions of this §29.30 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective August 27, 2000, 25 TexReg 8044; amended to be effective October 7, 2018, 43 TexReg 6452; 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 3675 |
