SECTION 2.361. Commission Approval

(a) After a public hearing under §2.360 of this subchapter (relating to Procedures for State Acquisition of Real Property), the commission may approve and implement the proposed disposal plan, property use as a dredged material placement area, or beneficial use project, including the acquisition of real property, if it determines that the plan, property use, or project can be accomplished without an unjustifiable waste of publicly or privately owned natural resources or a permanent and substantial adverse impact on the environment, wildlife, or fisheries.

(b) To approve and implement a beneficial use project, in addition to the determination required under subsection (a) of this section, the commission must determine that the project:

(1) is proposed by the U.S. Army Corps of Engineers;

(2) is for one or more beneficial use activities having a direct relationship to the GIWW;

(3) has local support;

(4) is limited to a logical unit of work and capable of being implemented and completed within a reasonable time as determined by the department; and

(5) is consistent with the Texas Coastal Management Program.

(c) Local support under subsection (b)(3) of this section is shown by a resolution or other official document that is adopted or approved by the governing body of the city or county with jurisdiction over the area in which the project is located or, if the project area is located in more than one jurisdiction, by the governing body of the city or county within which a majority of the area of the project is located, with the adoption or approval occurring after that governing body has consulted with the other jurisdictions. The jurisdiction of a city is the area within the incorporated city limits and the extraterritorial jurisdiction of the city. The jurisdiction of a county is the area within the boundaries of the county that is not within the jurisdiction of the cities located in the county.

Source Note: The provisions of this §2.361 adopted to be effective March 13, 2024, 49 TexReg 1504