31 Tex. Admin. Code § 506.36

Current through Reg. 50, No. 1; January 3, 2025
Section 506.36 - Supplemental Coordination for Proposed Federal Agency Actions
(a) For proposed federal actions that were previously determined by the council to be consistent with the CMP, but which have not yet begun, applicants shall further coordinate with the council and prepare a supplemental consistency certification if the proposed action will affect any coastal use or resources in a manner substantially different than was reasonably foreseeable when the proposed action was originally described. Substantially different coastal effects are reasonably foreseeable if:
(1) The applicant makes substantial changes in the proposed action that are relevant to the CMP goals and policies; or
(2) There are significant new circumstances or information relevant to the proposed action and the proposed action's effect on any coastal use or resource.
(b) The council may notify the applicant, the federal agency, and the Director of proposed actions that the council determines should be subject to supplemental coordination. The council's notification shall include information supporting a finding of substantially different coastal effects than originally described and the relevant CMP goals and policies, and may recommend modifications to the proposed action (if any) that would allow the applicant to implement the proposed activity consistent with the CMP. Council notification under this subsection does not remove the requirement under subsection (a) of this section for applicants to notify the council when a proposed activity will affect any coastal use or resource in a manner substantially different than originally described.

31 Tex. Admin. Code § 506.36

The provisions of this §506.36 adopted to be effective July 15, 2002, 27 TexReg 6319; 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