§ 33.205 — CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM; COMMISSIONER REVIEW.

Texas § 33.205

• Jurisdiction: Texas
• Code NR: Natural Resources Code

Text

Sec. 33.205. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM; COMMISSIONER REVIEW. (a) An agency or subdivision that takes an agency or subdivision action described by Section 33.2051 or 33.2053 that may adversely affect a coastal natural resource area shall comply with the goals and policies of the coastal management program.
(b) An agency or subdivision subject to the requirements of Subsection (a) shall affirm that it has taken into account the goals and policies of the coastal management program by issuing a written determination that a proposed agency or subdivision action described by Section 33.2051 or 33.2053 is consistent with the program goals and policies.
(c) The commissioner may review a proposed agency or subdivision action subject to the requirements of Subsections (a) and (b) for consistency with the goals and policies of the coastal management program if:
(1) the consistency determination for the proposed action was contested by:
(A) a member of the committee or an agency that was a party in a formal hearing under Chapter 2001 , Government Code, or in an alternative dispute resolution process; or
(B) another person by the filing of written comments with the agency before the action was proposed if the proposed action is one for which a formal hearing under Chapter 2001 , Government Code, is not available;
(2) a person described by Subdivision (1) files a request for referral alleging a significant unresolved dispute regarding the proposed action's consistency with the goals and policies of the coastal management program; and
(3) any three members of the committee other than the representative of the Texas Sea Grant College Program agree that there is a significant unresolved dispute regarding the proposed action's consistency with the goals and policies of the coastal management program and the matter is referred to the commissioner for review.
(d) If consistency review thresholds are in effect under Section 33.2052 , the commissioner may not review a proposed action subject to the requirements of Subsections (a) and (b) for consistency with the goals and policies of the coastal management program unless the requirements of Subsection (c) are satisfied and:
(1) if the proposed action is one for which a formal hearing under Chapter 2001 , Government Code, is available:
(A) the action exceeds the applicable thresholds and the agency's consistency determination was contested in a formal hearing or in an alternative dispute resolution process; or
(B) the action does not exceed the applicable thresholds but may directly and adversely affect a critical area, critical dune area, coastal park, wildlife management area or preserve, or gulf beach and a state agency contested the agency's consistency determination in a formal hearing; or
(2) if the proposed action is one for which a formal hearing under Chapter 2001 , Government Code, is not available to contest the agency's determination, the action exceeds the applicable thresholds.
(e) The commissioner must consider and act on a matter referred under Subsection (c) or (d) before the 26th day after the date the agency or subdivision proposed the action. For purposes of this section, an action subject to the contested case provisions of Chapter 2001 , Government Code, is proposed when notice of a decision or order is issued under Section 2001.142 , Government Code.
(f) The commissioner by rule shall establish a process by which an applicant for a permit or other proposed action described in Section 33.2053 , or an agency or subdivision proposing an action, may request and receive a preliminary consistency review. The rules shall:
(1) create a permitting assistance group composed of representatives of committee member agencies and other interested committee members to coordinate the preliminary reviews; and
(2) require that the following written information be produced not later than the 45th day after the date of the request for preliminary review:
(A) a statement from each agency or subdivision required to permit or approve the project as to whether the agency or subdivision anticipates approving or denying the application;
(B) if an agency or subdivision intends to deny an application, the agency's or subdivision's explanation of the grounds for denial and recommendations for resolving the grounds in a way that would allow the application to be approved;
(C) if enough information is already available, a preliminary finding as to whether the project is likely to be found consistent with the goals and policies of the coastal management program; and
(D) if the project is likely to be found inconsistent with the goals and policies of the coastal management program, an explanation and recommendation for resolving the inconsistency in a way that would allow the project to be found consistent.
(f-1) Expired.
(f-2) The commissioner may adopt rules as necessary to:
(1) restructure or abolish the permitting assistance group;
(2) expand the functions of the permitting assistance group; or
(3) add members to the permitting assistance group.
(g) The commissioner by rule shall establish a process by which an individual or small business may request and receive assistance with filing applications for permits or other proposed actions described by Section 33.2053 . The rules shall provide for:
(1) the coordination of preapplication assistance through the permitting assistance group; and
(2) the provision of the following, by the permitting assistance group, to an individual or a small business, on request:
(A) a list of the permits or other approvals necessary for the project;
(B) a simple, understandable statement of all permit requirements;
(C) a coordinated schedule for each agency's or subdivision's decision on the action;
(D) a list of all the information the agencies or subdivisions need to declare the applications for the permits or other approvals administratively complete;
(E) assistance in completing the applications as needed; and
(F) if enough information is already available, a preliminary finding as to whether the project is likely to be found consistent with the goals and policies of the coastal management program.
(h) If an agency, subdivision, or applicant has received a preliminary finding of consistency under Subsection (f)(2)(C) or (g)(2)(F) and a request for referral was filed on that action under Subsection (c)(2), the commissioner may accept the request for referral only if the agency or subdivision has substantially changed the permit or proposed action since the preliminary finding was issued.

Legislative History

Added by Acts 1991, 72nd Leg., ch. 295, Sec. 37, eff. June 7, 1991. Amended by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995; Acts 2001, 77th Leg., ch. 70, Sec. 5, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656 ), Sec. 10, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656 ), Sec. 11, eff. September 1, 2011.