Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
Subchapter F - REQUIREMENTS FOR SPECIFIC TYPES OF PROJECTS AND PROGRAMS
Section 2.134 - Coastal Management Program

Universal Citation: 43 TX Admin Code § 2.134

Current through Reg. 50, No. 13; March 28, 2025

(a) Scope. The approval of transportation projects and programs located in whole or in part within the coastal boundary, as defined in 31 TAC § 503.1(relating to Coastal Management Program Boundary), are actions subject to the Texas Coastal Management Program (CMP), 31 TAC Part 16. A project or program will be approved unless it is found to be inconsistent with the goals and policies of the CMP, as described in 31 TAC Chapter 501 (relating to the Coastal Management Program). For the purposes of this section, "transportation projects and programs" includes the projects and programs for which an environmental review document or documentation of categorical exclusion is prepared under this chapter and Gulf Intracoastal Waterway projects for which the commission authorizes right-of-way acquisition and beneficial use projects.

(b) Thresholds. In accordance with 31 TAC §505.26(relating to Approval of Thresholds for Referral), the department's threshold for referral of actions to the commissioner of the General Land Office is the approval of transportation projects and programs requiring an environmental impact statement. The threshold for actions concerning the Gulf Intracoastal Waterway is the approval by the commission for acquisitions of rights of way for dredged material disposal and for beneficial use projects, unless:

(1) the federal agency's consistency determination for the federal activity or the federal development project included the dredged material disposal plan or the beneficial use project, and the consistency is affirmed in accordance with 31 TAC Chapter 506 (relating to Council Procedures for Federal Consistency with Coastal Management Program Goals and Priorities);

(2) the Coastal Coordination Council or General Land Office previously issued a consistency agreement under 31 TAC Chapter 506 for the federal activity or the federal development project that included the disposal plan or the beneficial use project; or

(3) the disposal or placement of dredged material in existing dredge disposal sites or within existing beneficial use projects meets the provisions of 31 TAC Chapter 506.

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