The criteria that the Texas A&M Forest Service uses in
determining CWHZ upon request from a chief appraiser or taxing unit
is set out as follows.
(1) The presence of qualified endangered or threatened
animal or plant, as defined in paragraph (2) of this section, in the
zone and the existence of a plan to protect it must be evidenced by
a memorandum of understanding, conservation agreements, or other documentation
pertaining to the protection of such animal or plant life with a federal,
state, or private organization with recognized responsibility for
protecting this species.
(2) The animal or plant is listed as endangered or
threatened under the Endangered Species Act of 1973 (16 U.S.C. §1531
et seq.) and its subsequent amendments, or as endangered under Parks
and Wildlife Code, §68.002, including:
(A) bald eagle--Haliaeetus leucocephalus
(B) red-cockaded woodpecker--Picoides borealis
(C) Houston toad--Bufo houstonensis
(D) Texas trailing phlox--Phlox nivalis ssp. Texensis
(E) white bladderpod--Lesquerella pallida
(F) Navasota ladies'-tresses--Spiranthes parksii
(3) This list is subject to change. A current listing
is available from the Texas Parks and Wildlife Department.
(4) A management plan developed with inputs from an
endangered species specialist that addresses federal and state critical
habitat requirement by species must be provided. The plan must address
harvesting restrictions and state how the landowner provides at least
three of the following benefits:
(A) habitat control;
(B) erosion control;
(C) predator control;
(D) providing supplemental supplies of water;
(E) providing supplemental supplies of food;
(F) providing shelters; and
(G) making of census counts to determine population.
(5) The landowner must comply with the parts of the
management plan that relates to the zone in order to qualify the land
as a CWHZ.
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