Tex. Nat. Resources Code Section 33.2053
Individual Agency or Subdivision Actions

(a)

The land office, the School Land Board, or a board for lease of state-owned lands shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing or approving:

(1)

a mineral lease plan of operations;

(2)

a geophysical or geochemical permit;

(3)

a coastal easement;

(4)

a miscellaneous easement;

(5)

a coastal lease;

(6)

a surface lease;

(7)

a structure registration;

(8)

a cabin permit;

(9)

a navigation district lease;

(10)

certification of a local government beach access or dune protection plan; or

(11)

an agency or subdivision wetlands mitigation bank.

(b)

The Public Utility Commission of Texas shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing a certificate of convenience and necessity.

(c)

The Railroad Commission of Texas shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing:

(1)

a wastewater discharge permit;

(2)

a waste disposal or storage pit permit; or

(3)

a certification of a federal permit for the discharge of dredge or fill material.

(d)

The Texas Transportation Commission shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when approving:

(1)

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

(2)

a transportation construction project or maintenance program.

(e)

The Texas Historical Commission and the Antiquities Committee shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing:

(1)

a permit for destruction, alteration, or taking of a coastal historic area; or

(2)

a review of a federal undertaking affecting a coastal historic area.

(f)

The Texas Natural Resource Conservation Commission shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing or approving:

(1)

a wastewater discharge permit;

(2)

a permit for a new concentrated animal feeding operation located one mile or less from a critical area or coastal waters;

(3)

a permit for solid or hazardous waste treatment, storage, or disposal;

(4)

creation of a special purpose district or approval of bonds for the purpose of construction of infrastructure on coastal barriers;

(5)

levee improvement or flood control projects;

(6)

a certification of a federal permit for the discharge of dredge or fill material;

(7)

a declaration of an emergency and request for an emergency release of water;

(8)

a new permit for an annual appropriation of:

(A)

5,000 or more acre-feet of water within the program boundary; or

(B)

10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast;

(9)

an amendment to a water permit for an increase in an annual appropriation of:

(A)

5,000 or more acre-feet of water within the program boundary; or

(B)

10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast; or

(10)

a change in the purpose of use of an annual appropriation of water to a more consumptive use of:

(A)

5,000 or more acre-feet of water within the program boundary; or

(B)

10,000 or more acre-feet of water outside the program boundary but within 200 stream miles of the coast.

(g)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 96, Sec. 19(9), eff. September 1, 2011.

(h)

The Parks and Wildlife Department shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing or approving:

(1)

an oyster lease;

(2)

a permit for taking, transporting, or possessing threatened or endangered species;

(3)

a permit for disturbing marl, sand, shell, or gravel on state-owned land; or

(4)

development by a person other than the Parks and Wildlife Department that requires the use or taking of any public land in a state park, wildlife management area, or preserve.

(i)

A subdivision shall comply with Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) when issuing a dune protection permit or beachfront construction certificate that authorizes:

(1)

construction activity that is located 200 feet or less landward of the line of vegetation and that results in the disturbance of more than 7,000 square feet of dunes or dune vegetation;

(2)

construction activity that results in the disturbance of more than 7,500 cubic yards of dunes;

(3)

a coastal shore protection project undertaken on a gulf beach or 200 feet or less landward of the line of vegetation and that affects more than 500 linear feet of gulf beach; or

(4)

a closure, relocation, or reduction in existing public beach access or public beach access designated in an approved local government beach access plan, other than for a short term.

(j)

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 under a rule that the commissioner has certified under Section 33.2052 (Certification of Agency Rules; Agency Actions Considered Consistent) and:

(1)

for a wastewater discharge permit, if the action is not a major permit modification that would:

(A)

increase pollutant loads to coastal waters; or

(B)

result in relocation of an outfall to a critical area;

(2)

for solid, hazardous, or nonhazardous waste permits, if the action is not a Class III modification under rules of the Texas Commission on Environmental Quality; or

(3)

for any other action, if the action:

(A)

only extends the period of the existing authorization and does not authorize new or additional work or activity; or

(B)

is not directly relevant to Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b).

(k)

The commissioner shall establish a program boundary to limit the geographic area in which the requirements of Sections 33.205 (Consistency with Coastal Management Program; Commissioner Review)(a) and (b) apply. The boundary is the coastal facility designation line as defined by Appendix 1 to 31 TAC Section 19.2 as that appendix existed on the effective date of this section, as modified by Section 33.203 (Definitions)(7). Except as provided by Subsections (f)(8)-(10), this subchapter does not apply to an agency action authorizing an activity outside the program boundary.
Added by Acts 1995, 74th Leg., ch. 416, Sec. 4, eff. June 8, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 14, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 96 (S.B. 656), Sec. 19(9), eff. September 1, 2011.

Source: Section 33.2053 — Individual Agency or Subdivision Actions, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­33.­htm#33.­2053 (accessed Apr. 29, 2024).

33.001
Policy 33.002
Purpose 33.003
Short Title 33.004
Definitions 33.005
Effect of Chapter 33.011
Board to Administer, Implement, and Enforce Chapter 33.012
Land Office to Assist Board 33.013
Additional Personnel 33.015
Special Account 33.016
Disposition of Other Funds 33.051
General Duty 33.052
Development of Coastal Management Program 33.053
Elements of Coastal Management Program 33.054
Review and Amendment of Management Program 33.055
Public Hearings to Consider Coastal Management Program 33.056
Structures on Land Adjacent to Coastal Public Land 33.057
Gifts of Interests in Land 33.058
Purchase of Fee and Lesser Interests in Land 33.059
Studies 33.060
Locating and Marking Boundaries 33.061
Complaints 33.062
Designated Official Representative 33.063
Fees 33.064
Rules 33.065
Texas Coastal Ocean Observation Network 33.101
Application to Acquire Rights in Coastal Public Land 33.102
Contents of Application 33.103
Interests Which May Be Granted by the Board 33.104
Determination of Terms of Grant 33.105
Persons to Whom Interest in Land May Be Granted 33.106
Policies, Provisions, and Conditions of Leases 33.107
Protection of Rights 33.108
Rights of the Public 33.109
Counties and Cities Eligible to Lease Coastal Public Land 33.110
Contracts and Franchises 33.111
Granting Easements 33.112
Failure to Obtain an Easement 33.113
Interpretation of Easement Grant 33.114
Policies, Provisions, and Conditions of Easements 33.115
Piers 33.116
Failure to Register Pier 33.117
Public Policy of State to Be Considered 33.118
Single Permit 33.119
Issuance of Permits 33.120
Failure to Obtain a Permit 33.121
Unauthorized Structures 33.122
Exception to Permit Requirement 33.123
Policies, Provisions, and Conditions of Permits 33.124
Permits Prohibited for Certain Structures 33.125
Automatic Revocation and Termination of a Permit 33.126
Termination of Permit by Board 33.127
Terms and Renewal of Permits 33.128
Use of Previously Unauthorized Structures 33.129
Prohibitions on the Grant of Permits 33.130
Repairs and Rebuilding 33.131
Structures as Property of the State 33.132
Registration by Board 33.133
Remedies Cumulative 33.134
Use and Development of Land by Littoral Owner 33.135
Notice to Purchaser or Grantee of Coastal Area Property 33.136
Property Rights: Preservation of Littoral Rights 33.171
Enforcement of Rights of Littoral Owners 33.172
Venue 33.173
Right to Appeal 33.174
Time for Filing Petition 33.175
Service of Citation 33.176
Issue on Appeal 33.201
Short Title 33.202
Policy 33.203
Definitions 33.204
Administration of Coastal Management Program 33.205
Consistency with Coastal Management Program 33.206
Action by Commissioner or Attorney General 33.207
Commissioner Recommendations 33.208
Enforcement 33.209
Prohibition on Special Area Management Plans 33.210
Private Property 33.231
Short Title 33.232
Policy 33.233
Definitions 33.234
Duties and Authority of Acquiring Agency 33.235
Agricultural Exemption 33.236
Duties and Authority to Certify 33.237
Most Essential Coastal Wetland Certification 33.238
Funding 33.601
Definitions 33.602
Coastal Erosion Duties and Authority 33.603
Coastal Erosion Studies and Projects 33.604
Coastal Erosion Response Account 33.605
Uses of Account 33.606
Grants and Gifts 33.607
Coastal Erosion Public Awareness and Education 33.608
Report to Legislature 33.609
Landowner Consent 33.610
Removal of Submerged Land from Appraisal and Tax Rolls 33.611
Immunity 33.612
Judicial Review 33.613
Closure or Modification of Certain Man-made Passes 33.651
Definitions 33.652
Applicability of Subchapter to Certain Municipalities 33.653
Creation of Coastal Protection and Improvement Fund 33.654
Use of Coastal Protection and Improvement Fund 33.655
County Coastal Protection and Improvement Fund 33.656
Projects that Qualify for Funding 33.657
Qualified Agreement 33.658
Qualified Payment 33.659
General Powers of Coastal Counties 33.660
Authority to Contract 33.661
Funds Available for Qualified Projects 33.662
Bonds Eligible for Purchase 33.663
Construction of Subchapter 33.2041
Coastal Coordination Advisory Committee 33.2051
Agency Rulemaking Actions 33.2052
Certification of Agency Rules 33.2053
Individual Agency or Subdivision Actions
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 33.2053’s source at texas​.gov