(a) For purposes of this chapter and Chapter 26 of this title (relating to Coastal Management Program), the following is an exclusive list of proposed individual agency actions that may adversely affect a coastal natural resource area (CNRA) and that therefore must be consistent with the CMP goals and policies:

(1) for the General Land Office (GLO), the School Land Board, or a board for lease of state-owned lands when issuing or approving: (A) a mineral lease plan of operations; (B) a geophysical or geochemical permit; (C) a miscellaneous easement; (D) a surface lease; (E) a structure registration; (F) a coastal easement; (G) a coastal lease; (H) a cabin permit; (I) a navigation district lease; (J) certification of a subdivision beach access or dune protection plan or plan amendments; or (K) an agency or subdivision wetlands mitigation bank.

(2) for the Public Utility Commission of Texas (PUC) when issuing a certificate of convenience and necessity.

(3) for the Railroad Commission of Texas (RRC) when issuing: (A) a wastewater discharge permit; (B) a waste disposal storage pit permit; or (C) a certification of a federal permit for the discharge of dredge or fill material.

(4) for the Texas Transportation Commission when approving: (A) an acquisition of a site for the placement or disposal of dredge material from, or the expansion, relocation, or alteration of, the Gulf Intracoastal Waterway; or (B) an environmental document for a transportation construction project or maintenance program.

(5) for the Texas Historical Commission (THC) when issuing: (A) a permit for destruction, alteration, or taking of a coastal historic area; or (B) a review of a federal undertaking affecting a coastal historic area.

(6) for the Texas Commission on Environmental Quality (TCEQ) when issuing or approving: (A) a wastewater discharge permit; (B) a permit for a new concentrated animal feeding operation located one mile or less from a critical area or coastal waters; (C) a permit for solid or hazardous waste treatment, storage, or disposal; (D) creation of a special purpose district or approval of bonds to construct infrastructure on coastal barriers; (E) levee improvement or flood control projects; (F) a certification of a federal permit for the discharge of dredge or fill material; (G) a declaration of an emergency and request for an emergency release of water; (H) a new permit for an annual appropriation of: (i) 5,000 or more acre-feet of water within the program boundary; or (ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast; (I) an amendment to a water permit for an increase in the annual appropriation of: (i) 5,000 or more acre-feet of water within the program boundary; or (ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast; (J) a change in the purpose of use of an annual appropriation of water to a more consumptive use of: (i) 5,000 or more acre-feet of water within the program boundary; or (ii) 10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast.

(7) for the Texas Parks and Wildlife Department (TPWD) when issuing or approving: (A) an oyster lease or certificate of location; (B) a permit for taking, transporting, or possessing threatened or endangered species; (C) a permit for disturbing marl, sand, shell, or gravel on state-owned land; or (D) development by a person other than the TPWD that requires the use or taking of any public land in a state park, wildlife management area or preserve.

(b) For purposes of this chapter and Chapter 26 of this title, the following is an exclusive list of proposed agency rulemaking actions that must be consistent with the CMP goals and policies:

(1) a GLO rule governing the prevention of, response to, or remediation of a coastal oil spill;

(2) TCEQ rules governing air pollutant emissions, on-site sewage disposal systems, or underground storage tanks;

(3) a State Soil and Water Conservation Board rule governing agricultural or silvicultural nonpoint source pollution;

(4) any rule governing an individual action described in subsection (a) of this section, including thresholds for referral.

(c) An agency's promulgation of rules governing or authorizing actions listed in subsection (a) or (b) of this section constitutes an action subject to the CMP as provided in Subchapter B of this chapter (relating to Commissioner Review and Certification of Agency Rules).

(d) An action to renew, amend, or modify an existing permit, certificate, lease, easement, approval or other action is not an action under this section if the action is taken pursuant to rules that the commissioner has certified as consistent under Subchapter B of this chapter (relating to Commissioner Review and Certification of Agency Rules) and:

(1) for a wastewater discharge permit, if the action is not a major permit modification that would increase pollutant loads to coastal waters or would result in relocation of an outfall to a critical area;

(2) for solid and hazardous waste permits, if the action is not a Class III modification as defined in TCEQ rules; or

(3) for any other action, if the action only extends the time period of the existing authorization without authorizing new or additional work or activities or is not directly relevant to the CMP goals and policies.

(e) Whenever more than one state agency is involved in issuing a consistency determination for a single project, consideration should be given to the preparation of one consistency determination for all state agencies involved.

(1) Where multiple state consistency determinations are required, state agencies should consider coordinated preparation of the consistency determinations or designation of a lead agency for development of a single consistency determination. In the case where a single consistency determination will be prepared, such determination must be completed before final action is taken on any permit or authorization listed in subsection (a) of this section and required for the project. The single consistency determination must indicate whether each of the proposed actions listed in subsection (a) of this section and required for the project is consistent with the CMP goals and policies and must include information on each proposed action sufficient to support the consistency determination.

(2) An applicant, project sponsor, or other entity undertaking a project which requires more than one action listed in subsection (a) of this section may request in writing to the CMP coordinator either coordinated preparation of the consistency determinations or designation of a lead agency for development of a single consistency determination.

(3) To avoid duplication and time delays, it is the intent of the commissioner, whenever possible, to provide for coordinated consistency determinations where multiple determinations are required. The commissioner may direct the CMP coordinator to respond to the request and facilitate coordinated consistency determinations or preparation of a single determination by a lead agency, under guidance issued by the commissioner.

Source Note: The provisions of this §29.11 adopted to be effective June 15, 1995, 19 TexReg 7670; amended to be effective November 3, 1995, 20 TexReg 8664; amended to be effective July 8, 2002, 27 TexReg 6040; amended to be effective October 6, 2004, 29 TexReg 9410; amended to be effective October 29, 2006, 31 TexReg 8842; amended to be effective October 7, 2018, 43 TexReg 6452; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301; amended to be effective July 10, 2023, 48 TexReg 3675