1. (a) For any application, an affected person is one who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest.
2. (b) Governmental entities, including local governments and public agencies, with authority under state law over issues raised by the application may be considered affected persons.

3. (c) In determining whether a person is an affected person, all factors shall be considered, including, but not limited to, the following:

   1. (1) whether the interest claimed is one protected by the law under which the application will be considered;
   2. (2) distance restrictions or other limitations imposed by law on the affected interest;
   3. (3) whether a reasonable relationship exists between the interest claimed and the activity regulated;
   4. (4) likely impact of the regulated activity on the health and safety of the person, and on the use of property of the person;
   5. (5) likely impact of the regulated activity on use of the impacted natural resource by the person; and
   6. (6) for governmental entities, their statutory authority over or interest in the issues relevant to the application.

Source Note:The provisions of this §55.203 adopted to be effective October 20, 1999, 24 TexReg 9015.