(a) Goals. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the goals of the GLO and SLB shall be the coastal management program goals in §501.12 of this title (relating to Goals of the Coastal Management Program).
(b) Administrative Policies. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the administrative policies of the GLO and the SLB shall be the administrative policies in §501.13(a) of this title (relating to Administrative Policies of the Coastal Management Program).
(c) Policy for Major Actions. Prior to taking a major action, as defined in §16.1 of this title (relating to Definitions and Scope), the GLO and the SLB shall comply with the requirements of §501.15(b) of this title (relating to Policies for Major Actions) and §501.15(c) of this title (relating to Policies for Major Actions).
(d) The GLO or the SLB, as appropriate, shall include in a permit or other document proposing an action listed in §16.1(b) of this title (relating to Definitions and Scope) to which this chapter applies, either a consistency determination or a determination of no adverse effect as follows.
  (1) Consistency Determination. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas Coastal Management Program goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has determined that the proposed action is consistent with the Texas CMP goals and policies applicable to the proposed action.
  (2) Determination of No Direct and Significant Adverse Effect. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas CMP goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has found that the proposed action will not have a direct and significant adverse effect on the coastal natural resource areas identified in the applicable policies.
(e) For actions that exceed the thresholds for referral as set out in §16.4 of this title (relating to Thresholds for Referral), the GLO or the SLB, as appropriate, shall provide a written explanation supporting the determination made under subsection (d) of this section. The explanation shall describe the basis for the agency's determination, include a description of the action and its probable impacts on CNRAs, identify the CMP goals and policies applied to the action, and explain how the action is consistent with the applicable goals and policies or why the action does not adversely affect any CNRAs.
(f) When publishing notice of receipt of an application or request for agency action, the GLO or the SLB, as appropriate, shall include a statement that the application or requested action is subject to the CMP and must be consistent with the CMP goals and policies.
(g) The GLO and the SLB shall maintain a record of all proposed actions that are subject to the CMP and provide such record to the council on a quarterly basis.

Source Note: The provisions of this §16.2 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective November 1, 2005, 30 TexReg 7049