SECTION 334.204. Criteria for Selection of Land Use

The owner and operator shall address each of the following when determining the use of the affected property(ies).

(1) The past and current use of the affected property. Residential land use areas should be assumed to remain residential. Properties with past and/or current commercial/industrial land use which are surrounded by commercial/industrial facilities can be assumed to remain the same unless such is clearly not appropriate.

(2) Properties for which the future use of the property is unknown (property is vacant or for sale) shall assume residential land use unless the owner and operator can demonstrate to the satisfaction of the agency that the past use of the property and use of surrounding properties clearly suggests future use of the property for residential land use is unlikely.

(3) For property currently vacant, or not owned by the owner or operator, the property owner should be interviewed to establish the intended future use of the property. Statements explaining planned future land use and signed by the affected property owners should be provided to the agency for each affected property to verify that the property owners have been consulted.

(4) For property located within the jurisdictional area of a zoning authority, the owner and operator may provide documentation that the property is zoned for residential, commercial, or industrial use.

(5) Current and planned surrounding land use patterns of local planning board.

(6) Other information as requested by the agency to verify the appropriate categorization of land use.

Source Note: The provisions of this §334.204 adopted to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442