| (a) Below Thresholds. If a proposed activity requiring
a state agency or subdivision action falls below thresholds for referral
approved under Chapter 29, Subchapter B of this title (relating to
Commissioner Certification of State Agency Rules and Approval of Thresholds
for Referral) and requires an equivalent federal permit or license
under this chapter, the GLO may only determine the state agency or
subdivision action's consistency by using the process provided in
Chapter 29 of this title (relating to Commissioner Procedure for State
Consistency with Coastal Management Program Goals and Policies). The
GLO's determination regarding the consistency of an action under this
subsection constitutes the state's determination regarding consistency
of the equivalent federal action.
(b) Above Thresholds. If an activity requiring a state
agency or subdivision action is above thresholds and requires an equivalent
federal permit or license, the GLO may determine the consistency of
the state agency or subdivision action or the federal license or permit
but may only conduct either a state or a federal consistency review,
not both. Texas Natural Resource Code, §33.206(f), as amended
by SB 656.
(c) Equivalent State Action or Federal Action. Determinations
regarding the consistency of an action made by the GLO under §§30.60(a)
and (b) constitute the state's determination regarding consistency
of the equivalent agency or subdivision action or federal action.
Texas Natural Resource Code, §33.206(f), as amended by SB 656.
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