SECTION 215.9. The Criteria for Determining Critical Wildlife Habitat Zone upon Request from a Chief Appraiser or Taxing Unit

The criteria that the Texas A&M Forest Service uses in determining CWHZ upon request from a chief appraiser or taxing unit is set out as follows.

(1) The presence of qualified endangered or threatened animal or plant, as defined in paragraph (2) of this section, in the zone and the existence of a plan to protect it must be evidenced by a memorandum of understanding, conservation agreements, or other documentation pertaining to the protection of such animal or plant life with a federal, state, or private organization with recognized responsibility for protecting this species.

(2) The animal or plant is listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C. §1531 et seq.) and its subsequent amendments, or as endangered under Parks and Wildlife Code, §68.002, including:

(A) bald eagle--Haliaeetus leucocephalus

(B) red-cockaded woodpecker--Picoides borealis

(C) Houston toad--Bufo houstonensis

(D) Texas trailing phlox--Phlox nivalis ssp. Texensis

(E) white bladderpod--Lesquerella pallida

(F) Navasota ladies'-tresses--Spiranthes parksii

(3) This list is subject to change. A current listing is available from the Texas Parks and Wildlife Department.

(4) A management plan developed with inputs from an endangered species specialist that addresses federal and state critical habitat requirement by species must be provided. The plan must address harvesting restrictions and state how the landowner provides at least three of the following benefits:

(A) habitat control;

(B) erosion control;

(C) predator control;

(D) providing supplemental supplies of water;

(E) providing supplemental supplies of food;

(F) providing shelters; and

(G) making of census counts to determine population.

(5) The landowner must comply with the parts of the management plan that relates to the zone in order to qualify the land as a CWHZ.

Source Note: The provisions of this §215.9 adopted to be effective January 30, 2000, 25 TexReg 378; amended to be effective February 15, 2015, 40 TexReg 595