Section 506.28 - General Consistency Agreements for Federal Activities; Interagency Coordination Teams for Federal Development Projects(a) The council may issue a general consistency agreement with respect to a federal activity other than a development project. Prior to issuance of a general consistency agreement, the council shall request and consider public comments on the matter. If the conditions of a general consistency agreement are satisfied, the federal activity is deemed consistent, to the maximum extant practicable, with the CMP goals and policies and will not be subject to council review under § 506.26 of this title (relating to Referral of Federal Agency Activities).(b) The council shall, in lieu of council review under § 506.26 of this title (relating to Referral of Federal Agency Activities), issue a consistency agreement for a federal agency activity or development project for which: (1) the federal agency has elected to establish an interagency coordination team whose duties include advising the federal agency on the consistency of the federal agency activity or development project;(2) the interagency coordination team includes among its voting members representatives from a minimum of three council member agencies;(3) a majority of the council member agency representatives on the interagency coordination team concurs that the federal agency activity or development project is consistent, to the maximum extent practicable, with the CMP goals and policies;(4) the federal agency adopts the concurrence of the council member agency representatives on the interagency coordination team and submits it to the council as its consistency determination for the federal agency activity or development project; and(5) a majority of the council member agency representatives on the interagency coordination team, after considering public comment, affirm their concurrence with the federal agency's consistency determination by not objecting in writing within 15 days after the close of the public comment period.(c) Disposal or placement of dredged material in existing dredge disposal sites identified and actively used as described in an environmental assessment or environmental impact statement issued prior to the effective date of this chapter shall be presumed consistent with §501.14(j)(1) of this title (relating to Policies for Specific Activities and Coastal Natural Resource Areas), unless such existing disposal or placement is modified in design, size, use, or function, provided that the material is generated by maintenance dredging of commercially navigable waterways for which a federal development project undergoes evaluation pursuant to the interagency coordination group process under subsection (b) of this section and such process was initiated prior to the adoption of this chapter, and provided further, if the interagency coordination group approves the project that requires disposal or placement in confined sites and/or beneficial use of the dredged material from those waterways and results in cessation of open water disposal of dredged material and such project is authorized in a final supplemental environmental impact statement.31 Tex. Admin. Code § 506.28
The provisions of this §506.28 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676; amended to be effective April 8, 1996, 21 TexReg 2669; amended to be effective January 28, 2004, 29 TexReg 639; Entire chapter transferred to be Title 31, Chapter 30 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022