- (a) Scope. The approval of transportation projects and programs located in whole or in part within the coastal boundary, as defined in 31 TAC §503.1 (relating to Coastal Management Program Boundary), are actions subject to the Texas Coastal Management Program (CMP), 31 TAC Part 16. Projects will be approved unless found to be inconsistent with the goals and policies of the CMP, as described in 31 TAC Chapter 501 (relating to Goals and Policies of the Coastal Coordination Council). For purposes of this section, the term transportation projects and programs includes those projects and programs for which an environmental document is prepared under this subchapter and Gulf Intracoastal Waterway projects for which the commission authorizes right-of-way acquisition and beneficial use projects.
(b) Thresholds. In accordance with 31 TAC §505.26 (relating to Council Review and Approval of Thresholds for Referral), the department's thresholds for referral of actions to the Coastal Coordination Council (CCC) will be the approval of transportation projects and programs requiring an environmental impact statement; provided, however, that the threshold for actions concerning the Gulf Intracoastal Waterway will be approvals by the commission for acquisitions of rights of way for dredged material disposal and for beneficial use projects, unless:
- (1) the federal agency's consistency determination for the federal activity or the federal development project included the dredged material disposal plan or the beneficial use project, and the consistency is affirmed in accordance with 31 TAC Chapter 506; or
- (2) the CCC previously issued a consistency agreement under 31 TAC Chapter 506 for the federal activity or the federal development project that included the disposal plan or the beneficial use project; or
- (3) the disposal or placement of dredged material in existing dredge disposal sites or within existing beneficial use projects meets the provisions of 31 TAC Chapter 506.
Source Note:The provisions of this §2.48 adopted to be effective December 9, 2004, 29 TexReg 11371.