Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,050
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have been undertaken as a result of the comprehensive review
of the GLO's and SLB's rules mandated by Texas Government
Code 2001.039.
Sections 16.1 through 16.4 require that certain actions of the
GLO and the SLB comply with the requirements of the Texas
Coastal Management Program (CMP). The CMP was created
pursuant to the Coastal Coordination Act (Act), Texas Natural
Resources Code, Chapter 33, Subchapter F The goals and poli-
cies of the CMP are set forth in the regulations of the Coastal
Coordination Council (Council), Title 31, Texas Administrative
Code, Chapters 501 through 506 (Council's rules). The GLO,
with approval of the SLB, adopted 16.1-16.4, effective Decem-
ber 18, 1995, at 20 TexReg 10271. These rules were adopted
during the early development of the Texas CMP. In large part,
the Chapter 16 rules duplicate provisions of the Act and of the
Council's rules on definitions, goals and administrative policies,
and policies for specific activities and coastal natural resource
areas. The intent of this rulemaking is to update the rules in
Chapter 16 to accurately reflect the Act and Council's rules as
amended since the original adoption of the Chapter 16 regula-
tions in 1995. The adopted rule amendments incorporate the
Act and the Council's rules by reference and delete parts of
16.1-16.3 that are essentially duplicative. The intent of the
deletions and incorporation by reference is to make the GLO's
and SLB's obligations under the Chapter 16 regulations identical
to the GLO's and SLB's obligation under existing law as reflected
in the Act and the Council's rules.
The adopted amendment of 16.1 (a)(2) deletes the substantive
part of this definition of "CMP" and replaces it with a reference to
the definition of "Coastal Management Program" in Texas Natural
Resources Code 33.203(22) to assure that it conforms to the
definition in the Act.
The adopted amendments to 16.1(a)(3) set forth a list of the
coastal natural resource areas (CNRAs) covered by the regu-
lation. The adopted amendments to 16.1(a)(3)(A) delete the
definition and incorporate by reference the current definition of
"waters in the open Gulf of Mexico" provided in Texas Natural
Resources Code, 33.203(18). The adopted amendments to
16.1(a)(3)(B) delete the definition and incorporate by reference
the current definition of "waters under tidal influence" provided
in Texas Natural Resources Code, 33.203(19). The adopted
amendments to 16.1(a)(3)(C) delete the definition and incorpo-
rate by reference the current definition of "state submerged land"
provided in Texas Natural Resources Code, 33.203(15). The
adopted amendments to 16.1(a)(3)(D) adds a reference to the
definitions of "coastal wetlands" as defined in 16.1 (a)(5) of this
chapter. The adopted amendments to 16.1(a)(3)(E) deletes
the definition and incorporates by reference the current defini-
tion of "submerged aquatic vegetation" provided in Texas Natu-
ral Resources Code, 33.203(16). The adopted amendments to
16.1(a)(3)(F) delete the definition and incorporate by reference
the current definition of "tidal salt or mud flat" provided in Texas
Natural Resources Code, 33.203(17). The adopted amend-
ments to 16.1(a)(3)(G) delete the definition and incorporate by
reference the current definition of "oyster reefs" provided in Texas
Natural Resources Code, 33.203(13). The adopted amend-
ments to 16.1(a)(3)(H) delete the definition and incorporate by
reference the current definition of "hard substrate reefs" provided
in Texas Natural Resources Code, 33.203(12). The adopted
amendments to 16.1(a)(3)(1) deletes the definition and incor-
porates by reference the current definition of "coastal barriers"
provided in Texas Natural Resources Code, 33.203(2). The
adopted amendments to 16.1 (a)(3)(K) delete the definition andincorporate by reference the current definition of "Gulf beaches"
provided in Texas Natural Resources Code, 33.203(11). The
adopted amendments to 16.1 (a)(3)(L) deletes the definition and
incorporates by reference the current definition of "critical dune
areas" provided in Texas Natural Resources Code, 33.203(9).
The amendments to 16.1 (a)(3)(M) delete the definition and in-
corporate by reference the current definition of "special hazard
areas" provided in Texas Natural Resources Code, 33.203(14).
The adopted amendments to 16.1(a)(3)(N) delete the defini-
tion and incorporate by reference the current definition of "crit-
ical erosion areas" provided in Texas Natural Resources Code,
33. 203(10). The adopted amendments to 16 .1 (a)(3)(O) delete
the definition and incorporate by reference the current definition
of "coastal historic area" provided in Texas Natural Resources
Code, 33.203(3). The adopted amendments to 16.1(a)(3)(P)
deletes the definition of "coastal parks, wildlife areas, and pre-
serves" and replaces it by incorporating by reference the defini-
tion of "coastal preserve" provided in Texas Natural Resources
Code, 33.203(4). This adopted amendment reflects the change
in the Act and the Council's rules at 31 TAC 501.3(b)(3), replac-
ing the phrase "coastal parks, wildlife areas, and preserves" with
the term "coastal preserve."
The adopted amendment of 16.1(a)(5) revises the definition of
the term "coastal wetlands" by replacing the reference to Texas
Water Code, Chapter 11, Subchapter J, with a reference to Texas
Water Code 11.502 and by replacing an explicit description of
the Texas coastal zone with a reference to the term "coastal
zone" defined in 16.1(a)(4).
The adopted amendment of 16.1(a)(7) deletes the definition
and incorporates by reference the current definition of "critical
area" provided in Texas Natural Resources Code, 33.203(8).
The adopted amendment of 16.1(a)(14) deletes the definition
for "Water dependent use or facility" because the proposed
amendments eliminate that phrase from this chapter.
The adopted amendment of 16.1(b) deletes the list of specific
actions and instead incorporates by reference the list of actions
set forth in 31 TAC 505.11(a)(1) relating to Actions and Rules
Subject to the Coastal Management Program. The incorpora-
tion by reference includes all nine of the actions listed in the
current rule, and adds issuance or approval of a certification of
a subdivision beach access or dune protection plan, and of an
agency or subdivision wetlands mitigation bank. Although those
two actions are not currently listed in 16.1(b), they are actions
of the GLO that are subject to the CMP as required by 31 TAC
505.11(a)(1). Therefore, including those actions by reference in
16.1(b) streamlines the GLO's and SLB's rules to more closely
reflect their obligations under the CMP.
The adopted amendment of 16.2(a) deletes the list of goals in
this section and replaces it with a reference to the list of goals
in the Council's rule 31 TAC 501.12, adopted as authorized by
Texas Natural Resources Code 33.204(a).
The adopted amendment of 16.2(b) deletes the list of adminis-
trative policies in this section and replaces it with a reference to
the list of administrative policies in the Council's rule 501.13(a),
adopted as authorized by Texas Natural Resources Code
33.204(a).
The adopted amendment to 16.2(c) deletes the procedures for
the policy for major actions in this section and replaces it with a
reference to the procedures for the policy for major actions in the
Council's rules 31 TAC 501.15(b) and 31 TAC 501.15(c), as
authorized by Texas Natural Resources Code 33.204(a).30 TexReg 7050 October 28, 2005 Texas Register
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/76/?q=%22%22~1&rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.