Tex.
Nat. Resources Code Section 33.053
Elements of Coastal Management Program
(a)
The coastal management program, in compliance with the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.), shall include the following elements:(1)
an identification of the boundaries of the coastal zone subject to the coastal management program as provided by Section 33.2053 (Individual Agency or Subdivision Actions)(k);(2)
a continuous analysis of the potential uses for the land and water within the coastal zone, including recommendations as to which configurations of uses consonant with the policies of this chapter maximize the benefits conferred on the present and future citizens of Texas;(3)
guidelines on the priority of uses within the coastal zone, including specifically those uses of lowest priority;(4)
a list of the uses of the land and water within the coastal zone that are permissible under state law and under agency or subdivision actions described by Sections 33.2051 (Agency Rulemaking Actions) and 33.2053 (Individual Agency or Subdivision Actions) and that would have a direct and significant impact on the coastal waters;(5)
recommendations as to increments of jurisdiction or authority necessary to protect land and water within the coastal zone from direct and significant detrimental consequences flowing from the uses of adjacent land;(6)
an inventory of designated coastal natural resource areas, as defined by Section 33.203 (Definitions), in the coastal zone;(7)
a description of the organizational structure by which the coastal management program is implemented and administered;(8)
a compilation of state constitutional provisions, laws, rules, and judicial decisions under which the state proposes to exercise control over the uses of land and water described by Subdivision (4);(9)
a list of each agency or subdivision action, as described by Sections 33.2051 (Agency Rulemaking Actions) and 33.2053 (Individual Agency or Subdivision Actions), that may have a direct and significant detrimental impact on coastal natural resource areas;(10)
a list of each federal agency action or activity and each outer continental shelf plan that may have a direct and significant detrimental impact on coastal natural resource areas;(11)
a procedure, as described under Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review), 33.2051 (Agency Rulemaking Actions), 33.2052 (Certification of Agency Rules; Agency Actions Considered Consistent), 33.2053 (Individual Agency or Subdivision Actions), 33.206 (Action by Commissioner or Attorney General), 33.208 (Enforcement), and 33.209 (Prohibition on Special Area Management Plans), for determining the consistency of an agency or subdivision action or a federal agency action or activity or outer continental shelf plan with the goals and policies of the coastal management program;(12)
a definition of “gulf beach,” as defined by Section 33.203 (Definitions), and a description of the statutory planning process or program for protection of and access to public beaches and other public coastal areas of environmental, recreational, historical, aesthetic, ecological, or cultural value;(13)
a description of the statutory planning process or program for energy facilities likely to be located in, or that may directly and significantly affect, the coastal zone;(14)
a description of the statutory planning process or program for:(A)
assessing the effects of shoreline erosion;(B)
studying and evaluating ways to control or reduce the impact of shoreline erosion; and(C)
restoring areas detrimentally affected by shoreline erosion;(15)
a description of the state’s statutory program regulating nonpoint source water pollution, as it relates to the coastal zone; and(16)
an explanation of the relationship of specific policies of the coastal management program to:(A)
protection of resources;(B)
management of coastal development; and(C)
simplification of governmental procedures.(b)
For purposes of Subsections (a)(9) and (a)(11), “agency or subdivision action” has the meaning assigned by Section 33.203 (Definitions).(c)
For purposes of Subsections (a)(10) and (a)(11), “federal agency action,” “federal agency activity,” and “outer continental shelf plan” have the meanings assigned by Section 33.203 (Definitions).
Source:
Section 33.053 — Elements of Coastal Management Program, https://statutes.capitol.texas.gov/Docs/NR/htm/NR.33.htm#33.053 (accessed Jun. 5, 2024).
