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RULE §57.934Local Aquatic Vegetation Plan

(a) To be approvable by TCEQ, TPWD, and TDA, a local plan must meet the minimum standards set forth in §57.932 of this title (relating to State Aquatic Vegetation Plan). Additional or more specific requirements are approvable.

(b) A local plan may take into account the particular needs and uses of the public body or bodies of surface water to which it will apply. The local plan may allow herbicide use if the person proposing to apply the herbicide notifies the governing entity not later than the 14th day before the proposed date of application. The local plan shall provide that treatment proposals shall be submitted concurrently to TPWD and the governing entity (on the form provided in the guidance document) no later than the 14th day before the measures are to begin and that the governing entity will review and may disapprove or amend any treatment proposal and will respond no later than the day before the proposed control measures are to begin. The person submitting the treatment proposal shall have the burden of demonstrating compliance with the local plan.

(c) Proposed local plans should be developed in cooperation with TPWD, TDA, and TCEQ, and shall be submitted to TPWD on a form prepared by TPWD. TPWD will coordinate review of the plan by TCEQ and TDA.

(d) Governing entities shall seek and encourage public participation in the creation and review of local plans. At a minimum, TPWD, TCEQ, or TDA will hold at least one public meeting in the area affected by the local plan. Public comment will be received by TPWD, TCEQ, and TDA for 30 days after the local plan is submitted for agency approval. TPWD, TCEQ, and TDA will review and respond to local plan submittals within 60 days of receipt.

Source Note: The provisions of this §57.934 adopted to be effective February 6, 2001, 26 TexReg 1152; amended to be effective June 29, 2005, 30 TexReg 3728

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