Current through Reg. 49, No. 38; September 20, 2024
(a) The following
words, terms, abbreviations, and phrases, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) CCC or council--The Coastal Coordination
Council.
(2) CMP--The Coastal
Management Program as defined in Texas Natural Resources Code, §
33.203(22).
(3) CNRA (coastal natural resource area)--An
area listed in Texas Natural Resources Code, §
33.203(1),
that is located within the coastal zone, defined as follows:
(A) waters in the open Gulf of Mexico--waters
in the state as defined in Texas Natural Resources Code, §
33.203(18);
(B) waters under tidal influence--waters in
the state as defined in Texas Natural Resources Code, §
33.203(19);
(C) state submerged lands--submerged land as
defined in Texas Natural Resources Code, §
33.203(15)
that is owned by the state;
(D)
coastal wetlands--wetlands as defined in § 16.1(a)(5) of this title
(relating to Definitions and Scope);
(E) submerged aquatic vegetation--rooted
aquatic vegetation as defined in Texas Natural Resources Code, §
33.203(16);
(F) tidal sand or mud flat--silt, clay, or
sand substrates as defined in Texas Natural Resources Code, §
33.203(17);
(G) oyster reefs--natural or artificial
formations as defined in Texas Natural Resources Code, §
33.203(13);
(H) hard substrate reefs--naturally occurring
hard substrate formations as defined in Texas Natural Resources Code, §
33.203(12);
(I) coastal barriers--undeveloped areas as
defined in Teas Natural Resources Code, §
33.203(2);
(J) coastal shore areas--all areas within 100
feet landward of the high water mark on state submerged land;
(K) Gulf beaches--beaches bordering on the
Gulf of Mexico as defined in Texas Natural Resources Code, §
33.203(11);
(L) critical dune areas--protected sand dune
complexes as defined in Texas Natural Resources Code, §
33.203(9);
(M) special hazard areas--areas as described
in Texas Natural Resources Code, §
33.203(14);
(N) critical erosion areas--areas as defined
in Texas Natural Resources Code, §
33.203(10);
(O) coastal historic area--a site that is
described in Texas Natural Resources Code, §
33.203(3);
and
(P) coastal preserve--any land
described in Texas Natural Resources Code, §
33.203(4).
(4) Coastal zone--The area within
the CMP boundary established in §
503.1
of this title (relating to Coastal Management Program Boundary).
(5) Coastal wetlands--Wetlands as defined in
Texas Water Code, §
11.502 that lie within
the coastal zone.
(6)
Commissioner--The commissioner of the General Land Office.
(7) Critical area--An area as defined in
Texas Natural Resources Code, §
33.203(8).
(8) GLO--The General Land Office.
(9) Lower coast--The coastal zone southwest
of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas,
so as to exclude the Matagorda Bay system.
(10) Major action--An individual agency or
subdivision action authorizing an activity involving a federal action for which
a federal environmental impact statement under the National Environmental
Policy Act, 42 United States Code Annotated, §§4321, et seq, is
required.
(11) SLB--The School Land
Board.
(12) State submerged
land--Land underlying waters under tidal influence or waters of the open Gulf
of Mexico that is owned by the state.
(13) Upper coast--The coastal zone northeast
of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas,
so as to include the Matagorda Bay system.
(b) For purposes of this chapter, the list of
actions included in §505.11(a)(1)
of this title (relating to Actions and Rules Subject to the Coastal Management
Program) is an exclusive list of actions taken or authorized by the GLO or SLB
that may adversely affect a CNRA, and that therefore must be consistent with
the goals and policies stated in this chapter.
(c) An action to renew, amend, or modify an
existing permit, certificate, lease, easement, approval or other form of
authorization shall not be considered an action otherwise subject to the rules
in this chapter if the action only extends the time period of the existing
authorization without authorizing new or additional work or activities or is
not otherwise directly relevant to the policies in §
16.3
of this title (relating to Policies for Specific Activities and Coastal Natural
Resource Areas). This chapter applies only to actions listed in subsection (b)
of this section for which an application was filed after the effective date of
either this chapter or Chapters 501 and 505 of this title (relating to Coastal
Management Program and Council Procedures for State Consistency with Coastal
Management Program Goals and Policies, respectively), whichever is
later.
