Section 26.1 - Program for Special Management of Coastal Natural Resource Areas(a) The purpose of the Texas Coastal Management Program (CMP) is to make more effective and efficient use of public funds and to more effectively and efficiently manage coastal natural resource areas (CNRAs) and the activities that may affect them. The program is based on goals and policies that guide the use and development of CNRAs, preserve and protect CNRAs, and improve government processes. Under the Coastal Coordination Act, the commissioner of the General Land Office (commissioner) is charged with adopting rules promulgating the CMP goals and policies. The Coastal Coordination Act requires agency or subdivision actions to comply with these goals and policies.(b) The commissioner will exercise authority pursuant to the Coastal Coordination Act in the following ways. (1) The commissioner will study and review the principal coastal problems of state concern. This review will include examination of the current status and future trends of CNRAs; examination of conflicts between competing uses of CNRAs; and examination of policy issues with respect to local, state, or national interests and concerns related to CNRAs. The commissioner will examine alternative regulatory and other management approaches to these problems, identify data collection and research needs, and foster public education and participation.(2) The commissioner will coordinate the performance of agencies, subdivisions, and programs by promulgating goals and policies to guide and serve as the basis for consistency review of agency and subdivision actions. The commissioner will examine the goals and policies in this chapter annually to review the effectiveness of the program and will propose revisions to the goals and policies, as necessary.(3) The commissioner will coordinate the measures required to resolve identified coastal problems and make coastal management processes more visible, accessible, coherent, consistent, and accountable by reviewing agency and subdivision actions for consistency with the goals and policies in this chapter. Agency and subdivision actions subject to consistency review are those set forth in Texas Natural Resources Code, § 33.2051 and § 33.2053. The commissioner shall employ consistency review of agency and subdivision rules and policies as the primary technique for ensuring that agency and subdivision actions are consistent with the CMP goals and policies in this chapter.(4) The commissioner will adopt guidance and procedural rules for the review of federal agency actions, activities, and outer continental shelf plans that incorporated the provisions of the federal regulations governing those reviews. The commissioner shall employ consistency review to ensure that federal agency actions, activities, and outer continental shelf plans are consistent with the CMP goals and policies in this chapter.(5) The commissioner will implement a grants program to award funds to coastal local governments and other qualified entities for the planning and implementation of projects that address environmental problems affecting the coastal area, to promote sustainable economic development, and otherwise further the CMP goals and policies. The commissioner shall establish the procedures for making any determination related to awarding a grant. For each year or for each grant cycle, the commissioner shall promulgate guidance for the grants program describing the deadlines, schedule, eligibility requirements, funding policies, and approval process.(c) As directed in the Coastal Coordination Act, the General Land Office (GLO) will act as the lead agency in coordinating and implementing the CMP, in cooperation with other state agencies that have duties relating to coastal matters. The GLO, in coordination with other agencies and subdivisions, shall prepare a biennial report reviewing the effectiveness of the CMP as required by Texas Natural Resources Code, § 33.204(f). On or before January 15 of each odd-numbered year, the GLO shall send the report to the legislature .(d) The CMP will help local governments improve their ability to manage CNRAs and human activities affecting those resources.31 Tex. Admin. Code § 26.1
The provisions of this §501.1 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; Amended by Texas Register, Volume 43, Number 39, September 28, 2018, TexReg 6449, eff. 10/7/2018; Entire chapter transferred from Title 31, Chapter 501 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022