SECTION 28.21. Preliminary Statement from Permitting Agencies or Subdivisions

(a) Each permitting agency or subdivision must submit a written preliminary statement to the PAG no later than 45 days after receipt of the request for preliminary consistency review.

(b) The preliminary statement must indicate whether the permitting agency or subdivision anticipates approving or denying the application.

(c) If the permitting agency or subdivision anticipates denying the application, the preliminary statement must include an explanation of the grounds for denial and recommendations for resolving the grounds in a way that would allow the application to be approved.

(d) If enough information is already available, the preliminary statement must include a determination that the proposed activity is likely be found consistent with the CMP goals and policies.

(e) If the proposed activity is likely to be found inconsistent with the goals and policies of the CMP, the preliminary statement should include an explanation and recommendation for resolving the inconsistency in a way that would allow the project to be found consistent.

(f) If the permitting agency or subdivision finds that there is insufficient information, the agency or subdivision may qualify its preliminary statement. A qualified statement must explain the insufficiencies and identify, to the extent practicable, any significant issues that are likely to arise during the regular permitting process and that may result in denial of the application.

Source Note: The provisions of this §28.21 adopted to be effective April 3, 1997, 22 TexReg 3041; amended to be effective October 7, 2018, 43 TexReg 6450; transferred effective December 1, 2022, as published in the Texas Register October 28, 2022, 47 TexReg 7301