Texas Administrative Code

Texas Administrative Code

TITLE 31	NATURAL RESOURCES AND CONSERVATION
PART 1	GENERAL LAND OFFICE
CHAPTER 29	PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
SUBCHAPTER D	COMMISSIONER ADVISORY OPINIONS ON GENERAL PLANS
RULE §29.51	Request for a Non-Binding Advisory Opinion and Commissioner Action

(a) An agency or subdivision which has produced a general plan described or listed in §29.50 of this chapter (relating to General Plans) may request a non-binding advisory opinion on the consistency of its general plan.

(b) The request for an advisory opinion shall be submitted in writing to the CMP coordinator. The CMP coordinator shall forward copies of the request to all committee members. The commissioner shall consider the general plan within 90 days of receiving the request.

(c) Prior to commissioner issuance of an advisory opinion regarding a general plan, the commissioner may direct the committee to review the general plan and make a recommendation to the commissioner regarding the consistency of the plan.

(d) The commissioner shall issue the advisory opinion within 90 days of receiving the request from the agency or subdivision.

(e) The advisory opinion shall indicate whether actions taken pursuant to the plan are likely to be consistent or inconsistent with the CMP goals and policies. The advisory opinion shall also:

(1) identify all goals and policies that apply to the general plan;

(2) identify any consistency issues of concern to the commissioner;

(3) identify portions or provisions of the plan that are likely to lead to future inconsistent actions; and

(4) include recommendations for the resolution of consistency issues identified in paragraphs (2) and (3) of this subsection.

Source Note: The provisions of this §29.51 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 March 29, 2010, 35 TexReg 2603; 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