| (a) Scope. The approval of transportation projects
and programs located in whole or in part within the coastal boundary,
as defined in 31 TAC §503.1 (relating to Coastal Management Program
Boundary), are actions subject to the Texas Coastal Management Program
(CMP), 31 TAC Part 16. A project or program will be approved unless
it is found to be inconsistent with the goals and policies of the
CMP, as described in 31 TAC Chapter 501 (relating to the Coastal Management
Program). For the purposes of this section, "transportation projects
and programs" includes the projects and programs for which an environmental
review document or documentation of categorical exclusion is prepared
under this chapter and Gulf Intracoastal Waterway projects for which
the commission authorizes right-of-way acquisition and beneficial
use projects.
(b) Thresholds. In accordance with 31 TAC §505.26
(relating to Approval of Thresholds for Referral), the department's
threshold for referral of actions to the commissioner of the General
Land Office is the approval of transportation projects and programs
requiring an environmental impact statement. The threshold for actions
concerning the Gulf Intracoastal Waterway is the approval by the commission
for acquisitions of rights of way for dredged material disposal and
for beneficial use projects, unless:
(1) the federal agency's consistency determination
for the federal activity or the federal development project included
the dredged material disposal plan or the beneficial use project,
and the consistency is affirmed in accordance with 31 TAC Chapter
506 (relating to Council Procedures for Federal Consistency with Coastal
Management Program Goals and Priorities);
(2) the Coastal Coordination Council or General Land
Office previously issued a consistency agreement under 31 TAC Chapter
506 for the federal activity or the federal development project that
included the disposal plan or the beneficial use project; or
(3) the disposal or placement of dredged material in
existing dredge disposal sites or within existing beneficial use projects
meets the provisions of 31 TAC Chapter 506.
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