| (xi) Buffalo Bayou (Houston Ship Channel) from Interstate
Highway 610 to a point 400 meters (440 yards) upstream of Shepherd
Drive in Harris County;
(xii) San Jacinto River from Interstate Highway 10
upstream to the Lake Houston dam in Harris County;
(xiii) Cedar Bayou from Interstate Highway 10 to a
point 2.2 kilometers (1.4 miles) upstream of Interstate Highway 10
in Chambers/Harris County;
(xiv) Trinity River from Interstate Highway 10 to the
border between Chambers and Liberty Counties;
(xv) Neches River from Interstate Highway 10 to a point
11.3 kilometers (7.0 miles) upstream of Interstate Highway 10 in Orange
County;
(xvi) Sabine River from Interstate Highway 10 upstream
to Morgan Bluff in Orange County; or
(C) within one mile of the mean high tide line of the
portion of rivers and streams described by subparagraph (B) of this
paragraph, except for the Trinity and Neches rivers.
(i) For the portion of the Trinity River described
by subparagraph (B) of this paragraph, coastal wetlands include those
wetlands located between the mean high tide line on the western shoreline
of that portion of the river and FM Road 565 and FM Road 1409 or located
between the mean high tide line on the eastern shoreline of that portion
of the river and FM Road 563.
(ii) For the portion of the Neches River described
by subparagraph (B) of this paragraph, coastal wetlands include those
wetlands located within one mile of the mean high tide line of the
western shoreline of that portion of the river or located between
the mean high tide line on the eastern shoreline of that portion of
the river and FM Road 105.
(6) Critical dune area--A protected sand dune complex
on the Gulf shoreline within 1,000 feet of mean high tide designated
by the land commissioner under Texas Natural Resource Code, §63.121.
(7) Critical erosion area--Has the meaning assigned
to the term "critical coastal erosion area" by Texas Natural Resources
Code, §33.601(4).
(8) Gulf beach--A beach bordering the Gulf of Mexico
that is:
(A) located inland from the mean low tide line to the
natural line of vegetation bordering the seaward shore of the Gulf
of Mexico; or
(B) part of a contiguous beach area to which the public
has a right of use or easement:
(i) continuously held by the public; or
(ii) acquired by the public by prescription, dedication,
or estoppel.
(9) Hard substrate reef--A naturally occurring hard
substrate formation, including a rock outcrop or serpulid worm reef,
living or dead, in an intertidal or subtidal area.
(10) Oyster reef--A natural or artificial formation
that is:
(A) composed of oyster shell, live oysters, and other
living or dead organisms;
(B) discrete, contiguous, and clearly distinguishable
from scattered oyster shell or oysters; and
(C) located in an intertidal or subtidal area.
(11) Special hazard area--An area designated under
42 United States Code Annotated, §4001 et seq, as having special
flood, mudslide or mudflow, or flood-related erosion hazards and shown
on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone
A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
(12) Submerged land--Land located under waters under
tidal influence or under waters of the open Gulf of Mexico, without
regard to whether the land is owned by the state or a person other
than the state.
(13) Submerged aquatic vegetation--Rooted aquatic vegetation
growing in permanently inundated areas in estuarine and marine systems.
(14) Tidal sand or mud flat--A silt, clay, or sand
substrate, without regard to whether it is vegetated by algal mats,
that occur in intertidal areas and that are regularly or intermittently
exposed and flooded by tides, including tides induced by weather.
(15) Water of the open Gulf of Mexico--Water in this
state, as defined by Texas Water Code, §26.001(5), that is part
of the open water of the Gulf of Mexico and that is within the territorial
limits of the state.
(16) Water under tidal influence--Water in this state,
as defined by Texas Water Code, §26.001(5), that is subject to
tidal influence according to the Texas Commission on Environmental
Quality stream segment map. The term includes coastal wetlands.
(c) The following abbreviations, when used in this
chapter, shall have the following meanings.
(1) GLO--General Land Office;
(2) PUC--Public Utility Commission;
(3) RRC--Railroad Commission of Texas;
(4) Sea Grant--Texas Sea Grant College Program;
(5) SLB--School Land Board;
(6) THC--Texas Historical Commission;
(7) TCEQ--Texas Commission on Environmental Quality;
(8) TPWD--Texas Parks and Wildlife Department;
(9) TSSWCB--Texas State Soil and Water Conservation
Board;
(10) TWDB--Texas Water Development Board; and
(11) TxDOT--Texas Department of Transportation.
(d) To the extent that reference is made to statutory
or regulatory terms or phrases which are not defined in this chapter,
such terms and phrases retain the meaning provided in the pertinent
agency or political subdivision policies or regulations.
|
| Source Note: The provisions of this §26.3 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective December 15, 1997, 22 TexReg 12076; amended to be effective August 27, 2000, 25 TexReg 8032; amended to be effective July 15, 2002, 27 TexReg 6317; amended to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840; amended to be effective October 7, 2018, 43 TexReg 6449; 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 3671 |
