SECTION 301.39. Time Limits for Construction

(a) The time during which construction must begin and must be completed. The applicant must commence and complete construction of the project approved by the commission within a reasonable time which shall be established by the commission as a condition stated in the commission's approval order. The commission will evaluate the scope of the project in determining the commencement and completion requirements.

(b) Failure to begin or to complete construction. Failure to begin construction or to complete construction within the period specified in the approval order shall be considered violations of the order and shall be grounds for withdrawal of approval.

(c) Resubmission of plans. If construction is not begun within the period specified in the approval order or is not completed within the period specified in the order, the applicant must resubmit his plans to the executive director for review and consideration whether the lapse of time has resulted in changed circumstances which require significant additional requirements or modifications to the order, giving due consideration to the rights of third parties. Such a resubmission is considered an application for extension of time for which fees are payable pursuant to §§301.71-301.74 of this title (relating to Fees). Specifically, the executive director shall consider whether physical changes have occurred or are imminent or planned in the area of potential impact which may have an adverse effect on landowners which is different from that present in the initial approval process and/or which may require significant alterations of the approved plans or significant additional requirements or modifications to the order.

(d) Referral when changed circumstances exist. If the executive director determines that such changed circumstances exist, he shall refer the application to the commission for action in accordance with §301.37 of this title (relating to Referral of Application to Commission).

(e) Recommendation for extension of time. If the executive director determines that such changed circumstances do not exist, he may recommend to the commission an extension of time to begin or to complete construction. Notice shall not again be required in this case. The commission may, for good cause, extend the period to commence or to complete construction.

Source Note: The provisions of this §301.39 adopted to be effective May 26, 1986, 11 TexReg 2246.