SECTION 350.53. Land Use Classification

The person shall determine the current land use of all properties affected with concentrations of COCs which exceed the residential human health assessment levels. Land use shall be determined by comparison of existing land use to the definitions for residential and commercial/industrial land use as specified in §350.4 of this title (relating to Definitions and Acronyms). In the event the land use changes prior to the executive director's approval of the RACR, the PCLs must be protective of that final land use. If off-site property or leased affected property is determined to be commercial/industrial, the person must provide written landowner concurrence for the associated institutional control in accordance with §350.111 of this title (relating to Use of Institutional Controls), unless the property is subject to zoning or governmental ordinance that is equivalent to the deed notice, VCP certificate of completion or restrictive covenant that otherwise would have been required.

Source Note: The provisions of this §350.53 adopted to be effective September 23, 1999, 24 TexReg 7436