SECTION 16.1. Definitions and Scope

(a) The following words, terms, abbreviations, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) CCC or council--The Coastal Coordination Council.

(2) CMP--The Coastal Management Program as defined in Texas Natural Resources Code, §33.203(22).

(3) CNRA (coastal natural resource area)--An area listed in Texas Natural Resources Code, §33.203(1), that is located within the coastal zone, defined as follows:

(A) waters in the open Gulf of Mexico--waters in the state as defined in Texas Natural Resources Code, §33.203(18);

(B) waters under tidal influence--waters in the state as defined in Texas Natural Resources Code, §33.203(19);

(C) state submerged lands--submerged land as defined in Texas Natural Resources Code, §33.203(15) that is owned by the state;

(D) coastal wetlands--wetlands as defined in §16.1(a)(5) of this title (relating to Definitions and Scope);

(E) submerged aquatic vegetation--rooted aquatic vegetation as defined in Texas Natural Resources Code, §33.203(16);

(F) tidal sand or mud flat--silt, clay, or sand substrates as defined in Texas Natural Resources Code, §33.203(17);

(G) oyster reefs--natural or artificial formations as defined in Texas Natural Resources Code, §33.203(13);

(H) hard substrate reefs--naturally occurring hard substrate formations as defined in Texas Natural Resources Code, §33.203(12);

(I) coastal barriers--undeveloped areas as defined in Teas Natural Resources Code, §33.203(2);

(J) coastal shore areas--all areas within 100 feet landward of the high water mark on state submerged land;

(K) Gulf beaches--beaches bordering on the Gulf of Mexico as defined in Texas Natural Resources Code, §33.203(11);

(L) critical dune areas--protected sand dune complexes as defined in Texas Natural Resources Code, §33.203(9);

(M) special hazard areas--areas as described in Texas Natural Resources Code, §33.203(14);

(N) critical erosion areas--areas as defined in Texas Natural Resources Code, §33.203(10);

(O) coastal historic area--a site that is described in Texas Natural Resources Code, §33.203(3); and

(P) coastal preserve--any land described in Texas Natural Resources Code, §33.203(4).

(4) Coastal zone--The area within the CMP boundary established in §503.1 of this title (relating to Coastal Management Program Boundary).

(5) Coastal wetlands--Wetlands as defined in Texas Water Code, §11.502 that lie within the coastal zone.

(6) Commissioner--The commissioner of the General Land Office.

(7) Critical area--An area as defined in Texas Natural Resources Code, §33.203(8).

(8) GLO--The General Land Office.

(9) Lower coast--The coastal zone southwest of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas, so as to exclude the Matagorda Bay system.

(10) Major action--An individual agency or subdivision action authorizing an activity involving a federal action for which a federal environmental impact statement under the National Environmental Policy Act, 42 United States Code Annotated, §§4321, et seq, is required.

(11) SLB--The School Land Board.

(12) State submerged land--Land underlying waters under tidal influence or waters of the open Gulf of Mexico that is owned by the state.

(13) Upper coast--The coastal zone northeast of Cavallo Pass at the eastern end of Matagorda Island, Calhoun County, Texas, so as to include the Matagorda Bay system.

(b) For purposes of this chapter, the list of actions included in §505.11(a)(1) of this title (relating to Actions and Rules Subject to the Coastal Management Program) is an exclusive list of actions taken or authorized by the GLO or SLB that may adversely affect a CNRA, and that therefore must be consistent with the goals and policies stated in this chapter.

(c) An action to renew, amend, or modify an existing permit, certificate, lease, easement, approval or other form of authorization shall not be considered an action otherwise subject to the rules in this chapter if the action only extends the time period of the existing authorization without authorizing new or additional work or activities or is not otherwise directly relevant to the policies in §16.3 of this title (relating to Policies for Specific Activities and Coastal Natural Resource Areas). This chapter applies only to actions listed in subsection (b) of this section for which an application was filed after the effective date of either this chapter or Chapters 501 and 505 of this title (relating to Coastal Management Program and Council Procedures for State Consistency with Coastal Management Program Goals and Policies, respectively), whichever is later.

Source Note: The provisions of this §16.1 adopted to be effective December 18, 1995, 20 TexReg 10271; amended to be effective November 1, 2005, 30 TexReg 7049