Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE
Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES
Section 506.37 - Remedial Action for Previously Reviewed Federal Agency Actions

(a) Federal agencies and the council shall cooperate in their efforts to monitor federal agency actions in order to make certain that such actions continue to conform to both federal and state requirements.

(b) The council shall notify the relevant federal agency representative for the area involved of any federal agency action which the council claims was:

(c) The council notification shall include:

(d) If, after 30 days following a request for remedial action, the council still maintains that the applicant is failing to comply substantially with the CMP, the council may file a written objection with the Director. If the Director finds that the applicant is conducting an activity that is substantially different from the approved activity, the applicant shall submit an amended or new consistency certification and supporting information to the federal agency and to the council, or comply with the originally approved consistency certification.

(e) An applicant shall be found to be conducting an activity substantially different from the activity as originally approved if the council claims and the Director finds that the activity affects any coastal use or resource substantially different than originally described by the applicant and, as a result, the activity is no longer being conducted in a manner consistent with the CMP goals and policies. The Director may make a finding that an applicant is conducting an activity substantially different from the approved activity only after providing 15 days for the applicant and the federal agency to review the council's objections and to submit comments for the Director's consideration.