Any grain handling, storage, and drying facility which meets paragraphs (1) or (2) of this section is permitted by rule.
  (1) The facility is in noncommercial use only--that is, used only to handle, dry, and/or store grain produced by the owner(s) of the facility if the following conditions are satisfied:
    (A) the total storage capacity does not exceed 750,000 bushels;
    (B) the grain handling capacity does not exceed 4,000 bushels per hour;
    (C) the facility is located at least 500 feet from any recreational area or residence or business not occupied or used solely by the owner of the facility.
  (2) The installation of additional grain storage capacity which satisfies the following conditions:
    (A) there shall be no increase in hourly grain handling capacity;
    (B) existing grain receiving and loadout facilities are utilized;
    (C) grain shall be conveyed by closed conveying systems and air suction shall not be pulled on any conveying unit;
    (D) written site approval shall be received from the executive director before construction begins for facilities utilizing existing grain receiving facilities when new gravity or auger loadout systems are to be installed.

Source Note: The provisions of this §106.283 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective September 4, 2000, 25 TexReg 8653; amended to be effective October 7, 2010, 35 TexReg 8942