Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002 Page: 573
529-656 p. ; 28 cm.View a full description of this periodical.
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(9) Cumulative adverse effects--Adverse effects increasing
in significance due to the collective effects of a number of actions.
(10) Pollutant--Any constituent that contaminates or alters
the physical, thermal, chemical, or biological quality of any CNRA
so as to be harmful, detrimental, or injurious to humans, animal life,
vegetation, or property or to the public health, safety, or welfare or
that impairs the usefulness or the public enjoyment of CNRAs for any
lawful purpose.
(11) Practicable--Available and capable of being done after
taking into consideration existing technology, cost, and logistics in light
of the overall purpose of the activity.
(12) Public beach--Any public beach as defined in the
Texas Natural Resources Code, 61.013(c).
(13) Secondary adverse effects--Adverse effects which
would result from a proposed action and cause significant modifica-
tions or alterations to the physical or chemical characteristics of coastal
natural resource areas beyond the limit of the immediate project area.
(14) Water-dependent use or facility--An activity or facil-
ity that must be located in coastal waters or on submerged lands or that
must have direct access to coastal waters in order to serve its basic pur-
pose and function. Facilities that are water-dependent include, but are
not limited to, public beach use and access facilities, boat slips, docks,
breakwaters, marinas, wharves and other vessel loading or off-load-
ing facilities, utility easements, boat ramps, navigation channels and
basins, bridges and bridge approaches, revetments, shoreline protec-
tion structures, culverts, groins, saltwater barriers, navigational aids,
mooring pilings, simple access channels, fish processing plants, boat
construction and repair facilities, offshore pipelines and constructed
wetlands below mean high water. Activities that are water-dependent
include, but are not limited to, marine recreation (fishing, swimming,
boating, wildlife viewing), industrial uses dependent on marine trans-
portation or requiring large volumes of water that cannot be obtained at
inland sites, mariculture, exploration for and production of oil and gas
under coastal waters or submerged lands, and certain meteorological
and oceanographic activities.
(b) The following words, terms, and phrases, when used in this
chapter shall have the following meanings, with respect to CNRAs.
(1) Coastal barrier--An undeveloped area on a barrier is-
land, peninsula, or other protected area, as designated by United States
Fish and Wildlife Service maps.
(2) Coastal historic area--A site that is specially identified
in rules adopted by the Texas Historical Commission as being coastal
in character and that is:
(A) a site on the National Register of Historic Places,
designated under 16 United States Code, 470a and 36 Code of Federal
Regulations, Part 63, Chapter 1; or
(B) a state archaeological landmark, as defined by
Texas Natural Resources Code, Subchapter D, Chapter 191.
(3) Coastal preserve--Any land, including a park or wildlife
management area, that is owned by the state and that is subject to Chap-
ter 26, Parks and Wildlife Code, because it is a park, recreation area,
scientific area, wildlife refuge, or historic site; and designated by the
Texas Parks and Wildlife Commission as being coastal in character.
(4) Coastal shore area--An area within 100 feet landward
of the high water mark on submerged land.
(5) Coastal wetlands--Wetlands, as the term is defined by
Texas Water Code, 11.052, located:(A) seaward of the Coastal Facility Designation Line,
established by rules adopted under Texas Natural Resources Code,
Chapter 40;
(B) within rivers and streams to the extent of tidal influ-
ence, as shown on the Texas Natural Resource Conservation Commis-
sion's stream segment maps and described as follows:
(i) Arroyo Colorado from FM Road 1847 to a point
100 meters (110 yards) downstream of Cemetery Road south of the Port
of Harlingen in Cameron County;
(ii) Nueces River from US Highway 77 to the
Calallen Dam 1.7 kilometers (1.1 miles) upstream of U.S. Highway
77 in Nueces/San Patricio County;
(iii) Guadalupe River from State Highway 35 to the
Guadalupe-Blanco River Authority Salt Water Barrier at 0.7 kilometers
(0.4 miles) downstream of the confluence with the San Antonio River
in Calhoun/Refugio County;
(iv) Lavaca River from FM Road 616 to a point
8.6 kilometers (5.3 miles) downstream of US Highway 59 in Jackson
County;
(v) Navidad River from FM Road 616 to Palmetto
Bend Dam in Jackson County;
(vi) Tres Palacios Creek from FM Road 521 to a
point 0.6 kilometer (0.4 mile) upstream of the confluence with Wil-
son Creek in Matagorda County;
(vii) Colorado River from FM Road 521 to a point
2.1 kilometers (1.3 miles) downstream of the Missouri-Pacific Railroad
in Matagorda County;
(viii) San Bernard River from FM Road 521 to a
point 3.2 kilometers (2.0 miles) upstream of State Highway 35 in Bra-
zoria County;
(ix) Chocolate Bayou from FM Road 2004 to a point
4.2 kilometers (2.6 miles) downstream of State Highway 35 in Brazoria
County;
(x) Clear Creek from Interstate Highway 45 to a
point 100 meters (110 yards) upstream of FM Road 528 in Galve-
ston/Harris County;
(xi) Buffalo Bayou (Houston Ship Channel) from In-
terstate 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 up-
stream 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.PROPOSED RULES January 25, 2002 27 TexReg 573
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Texas. Secretary of State. Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002, periodical, January 25, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113987/m1/44/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.