1. (a) Goals. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the goals of the GLO and SLB are:

   1. (1) to protect, preserve, restore, and enhance the diversity, quality, quantity, functions, and values of CNRAs;
   2. (2) to ensure sound management of all coastal resources by allowing for compatible economic development and multiple human uses of the coastal zone;
   3. (3) to minimize loss of human life and property due to the impairment and loss of protective features of CNRAs;
   4. (4) to ensure and enhance planned public access to and enjoyment of the coastal zone in a manner that is compatible with private property rights and other uses of the coastal zone;
   5. (5) to balance the benefits from economic development and multiple human uses of the coastal zone, the benefits from protecting, preserving, restoring, and enhancing CNRAs, the benefits from minimizing loss of human life and property, and the benefits from public access to and enjoyment of the coastal zone;
   6. (6) to coordinate GLO and SLB decision-making affecting CNRAs by establishing clear, objective policies for the management of CNRAs;
   7. (7) to make GLO and SLB decision-making affecting CNRAs efficient by identifying and addressing duplication and conflicts between GLO and SLB regulatory and other programs for the management of CNRAs;
   8. (8) to make GLO and SLB decision-making affecting CNRAs more effective by employing the most comprehensive, accurate, and reliable information and scientific data available and by developing, distributing for public comment, and maintaining a coordinated, publicly accessible geographic information system of maps of the coastal zone and CNRAs at the earlies possible date;
   9. (9) to make coastal management processes visible, coherent, accessible, and accountable to the people of Texas by providing for public participation in the ongoing development and implementation of the rules in this chapter; and
   10. (10) to educate the public about the principal coastal problems of state concern and technology available for the protection and improved management of CNRAs.

2. (b) Administrative Policies. Subject to §16.1(c) of this title (relating to Definitions and Scope), when taking or authorizing an action identified in §16.1(b) of this title (relating to Definitions and Scope) that may adversely affect a CNRA, the GLO and the SLB:

   1. (1) shall require applicants to provide information necessary for the GLO or the SLB to make an informed decision regarding the proposed action;
   2. (2) shall identify the monitoring established to ensure that activities authorized by such actions comply with all applicable GLO or SLB requirements;
   3. (3) may waive a requirement if such waiver is in the best interests of the Permanent School Fund and is consistent with the statutory policies for management of coastal public lands in the Coastal Public Lands Management Act, Texas Natural Resources Code, Chapter 33; and
   4. (4) shall take into account the national interest.

3. (c) Policy for Major Actions.

   1. (1) Prior to taking a major action, as defined in §16.1 of this chapter (relating to Definitions and Scope), the GLO and the SLB shall meet with other agencies or subdivisions with jurisdiction over the activity and coordinate their major actions relating to the activity. The GLO and the SLB shall, to the greatest extent practicable, consider the cumulative and secondary adverse effects, as described in the federal environmental impact assessment process, of each major action relating to the activity.
   2. (2) The GLO and the SLB shall not take a major action that is inconsistent with the goals and policies of this chapter. In addition, the GLO and the SLB shall avoid and otherwise minimize the cumulative adverse effects to CNRAs of each of its major actions relating to the activity.

4. (d) The GLO or the SLB, as appropriate, shall include in a permit or other document proposing an action listed in §16.1(b) of this title (relating to Definitions and Scope) to which this chapter applies, either a consistency determination or a determination of no adverse effect as follows.

   1. (1) Consistency Determination. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas Coastal Management Program goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has determined that the proposed action is consistent with the Texas CMP goals and policies applicable to the proposed action.
   2. (2) Determination of No Direct and Significant Adverse Effect. The (GLO or SLB) has reviewed this proposed action for consistency with the Texas CMP goals and policies, in accordance with the regulations of the Coastal Coordination Council, and has found that the proposed action will not have a direct and significant adverse effect on the coastal natural resource areas identified in the applicable policies.
5. (e) For actions that exceed the thresholds for referral as set out in §16.4 of this title (relating to Thresholds for Referral), the GLO or the SLB, as appropriate, shall provide a written explanation supporting the determination made under subsection (d) of this section. The explanation shall describe the basis for the agency's determination, include a description of the action and its probable impacts on CNRAs, identify the CMP goals and policies applied to the action, and explain how the action is consistent with the applicable goals and policies or why the action does not adversely affect any CNRAs.
6. (f) When publishing notice of receipt of an application or request for agency action, the GLO or the SLB, as appropriate, shall include a statement that the application or requested action is subject to the CMP and must be consistent with the CMP goals and policies. The agency shall include the council secretary on any public notice list maintained by the agency for actions subject to the CMP. Upon proposal of an action listed in §16.1(b) of this title (relating to Definitions and Scope) to which this chapter applies, the agency shall provide to the council secretary a one-page notice that an action subject to the CMP has been proposed.
7. (g) The GLO and the SLB shall maintain a record of all proposed actions that are subject to the CMP and provide such record to the council on a quarterly basis.

Source Note:The provisions of this §16.2 adopted to be effective December 18, 1995, 20 TexReg 10271.