Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 1 - GENERAL LAND OFFICE
Chapter 29 - PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
Subchapter E - CONSISTENCY AND COMMISSIONER REVIEW OF LOCAL GOVERNMENT ACTIONS
Section 29.68 - Standard of Commissioner Review of a Proposed Subdivision Action

Universal Citation: 31 TX Admin Code ยง 29.68

Current through Reg. 49, No. 38; September 20, 2024

(a) The only basis on which the commissioner may protest a proposed subdivision action is that the proposed action is inconsistent with the CMP goals and policies.

(b) Following the GLO's certification of a subdivision's dune protection and beach access plan under § 15.3(o) of this title (relating to Administration) as consistent with the CMP goals and policies:

(1) the subdivision's consistency determination is final and is not subject to referral and review, except as provided in § 29.64 of this chapter (relating to Requirements for Referral of a Proposed Subdivision Action); and

(2) the commissioner shall presume that the subdivision's consistency determination is valid, if such determination is documented by the underlying record, and the burden shall be on the person filing the Request for Referral to demonstrate that the subdivision's proposed action is inconsistent with the CMP goals and policies.

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