1. (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 (concerning Coastal Management Program Boundary) are actions subject to the Texas Coastal Management Program (CMP), 31 TAC Part XVI. Such projects will be approved unless found to be inconsistent with the goals and policies of the CMP, as described in 31 TAC §§501.10-501.15 (concerning Council Procedures). For purposes of this section, the term transportation projects and programs includes: maintenance programs, highway construction projects, public transportation projects, and aviation projects for which an environmental document is prepared under this subchapter; maintenance programs; and Gulf Intracoastal Waterway projects for which the commission authorizes right-of-way acquisition.

2. (b) Thresholds.

   1. (1) In accordance with 31 TAC §505.26 (concerning Council Review and Approval of Thresholds for Referral), the department's thresholds for referral of actions to the Coastal Coordination Council (CCC) shall 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 shall be approvals by the commission for acquisitions of rights of way for dredged material disposal, and channel expansion, relocation, or alteration.
   2. (2) The department will request from the CCC, as authorized by 31 TAC §505.31 (concerning Preliminary Review of Individual Agency Actions by the Coastal Coordination Council), preliminary review of all transportation projects and programs requiring an environmental impact statement. If the CCC does not issue a consistency finding within 45 days of the date a request is submitted, the department will assume that the project or program is consistent with the goals and policies of the CMP, and the department will proceed with final action.

Source Note:The provisions of this §2.51 adopted to be effective June 15, 1995, 20 TexReg 4068.