(a) The following words, terms, and phrases, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Adverse effects or adversely affect--Effects that result in the physical destruction or detrimental alteration of a CNRA. Such detrimental alterations are: (A) construction in critical dune areas and coastal hazard areas that increase risks to human safety or the potential for damage to property or CNRAs from floods, hurricanes, or other storms; (B) alterations that interfere with public use and enjoyment of, or access to and from, those CNRAs to which the public has a right of use, enjoyment, or access; (C) alterations that damage or destroy coastal historic areas; (D) alterations that harm the functions and values of CNRAs as habitat for terrestrial and aquatic wildlife; (E) alterations that disrupt wildlife corridors or fish or bird migratory routes; (F) discharges of pathogens, radioactive materials, dissolved minerals or solids, toxic substances, or suspended solids at levels harmful to humans or terrestrial or aquatic life or that significantly impair the aesthetic qualities of CNRAs; (G) alterations of salinity regimes, nutrient supply, oxygen concentration, or temperature regimes in coastal waters that are harmful to terrestrial or aquatic life; (H) alterations of hydrology, water flow, circulation patterns, water level, or surface drainage that are harmful to humans or terrestrial or aquatic life, impair the aesthetic qualities of CNRAs, or exacerbate erosion of shorelines or river deltas; (I) alterations of littoral and sediment transport processes that reduce the supply of sediments available to those processes or would otherwise exacerbate erosion of shorelines or river deltas; (J) alterations that increase losses of shore areas or other CNRAs from a rise in sea level with respect to the surface of the land, whether caused by actual sea-level rise or land surface subsidence; and (K) emission of air pollutants at levels that are harmful to humans or terrestrial or aquatic life or that significantly impair the aesthetic qualities of CNRAs. (2) Avoid and otherwise minimize--To avoid adverse effects to the greatest extent practicable. Adverse effects that cannot be avoided must then be minimized to the greatest extent practicable. (3) Coastal zone--The area within the boundary established in §503.1 of this title (relating to Coastal Management Program Boundary). (4) Coastal hazard areas--Special hazard areas and critical erosion areas. (5) Coastal natural resource area (CNRA)--Any area defined in Texas Natural Resources Code, §33.203(1) that is located within the coastal zone. (6) Coastal waters--Waters under tidal influence and waters in the open Gulf of Mexico. (7) Council--The Coastal Coordination Council. (8) Critical areas--A coastal wetland, an oyster reef, a hard substrate reef, submerged aquatic vegetation, or a tidal sand or mud flat. (9) Cumulative adverse effects--Adverse effects increasing in significance due to the collective effects of a number of actions. (10) Pollutant--Any constituent that contaminates or alters the physical, thermal, chemical, or biological quality of any CNRA so as to be harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare or that impairs the usefulness or the public enjoyment of CNRAs for any lawful purpose. (11) Practicable--Available and capable of being done after taking into consideration existing technology, cost, and logistics in light of the overall purpose of the activity. (12) Public beach--Any public beach as defined in the Texas Natural Resources Code, §61.013(c). (13) Secondary adverse effects--Adverse effects which would result from a proposed action and cause significant modifications or alterations to the physical or chemical characteristics of coastal natural resource areas beyond the limit of the immediate project area. (14) Water-dependent use or facility--An activity or facility that must be located in coastal waters or on submerged lands or that must have direct access to coastal waters in order to serve its basic purpose and function. Facilities that are water-dependent include, but are not limited to, public beach use and access facilities, boat slips, docks, breakwaters, marinas, wharves and other vessel loading or off-loading facilities, utility easements, boat ramps, navigation channels and basins, bridges and bridge approaches, revetments, shoreline protection structures, culverts, groins, saltwater barriers, navigational aids, mooring pilings, simple access channels, fish processing plants, boat construction and repair facilities, offshore pipelines and constructed wetlands below mean high water. Activities that are water-dependent include, but are not limited to, marine recreation (fishing, swimming, boating, wildlife viewing), industrial uses dependent on marine transportation or requiring large volumes of water that cannot be obtained at inland sites, mariculture, exploration for and production of oil and gas under coastal waters or submerged lands, and certain meteorological and oceanographic activities. (b) The following words, terms, and phrases, when used in this chapter shall have the following meanings, with respect to CNRAs. (1) Coastal barrier--An undeveloped area on a barrier island, peninsula, or other protected area, as designated by United States Fish and Wildlife Service maps. (2) Coastal historic area--A site that is specially identified in rules adopted by the Texas Historical Commission as being coastal in character and that is: (A) a site on the National Register of Historic Places, designated under 16 United States Code, §470a and 36 Code of Federal Regulations, Chapter I, Part 63; or (B) a state archaeological landmark, as defined by Texas Natural Resources Code, Subchapter D, Chapter 191. (3) Coastal preserve--Any land, including a park or wildlife management area, that is owned by the state and that is subject to Chapter 26, Parks and Wildlife Code, because it is a park, recreation area, scientific area, wildlife refuge, or historic site; and designated by the Texas Parks and Wildlife Commission as being coastal in character. (4) Coastal shore area--An area within 100 feet landward of the high water mark on submerged land. (5) Coastal wetlands--Wetlands, as the term is defined by Texas Water Code, §11.502, located: (A) seaward of the Coastal Facility Designation Line, established by rules adopted under Texas Natural Resources Code, Chapter 40; (B) within rivers and streams to the extent of tidal influence, as shown on the Texas Natural Resource Conservation Commission's stream segment maps and described as follows: (i) Arroyo Colorado from FM Road 1847 to a point 100 meters (110 yards) downstream of Cemetery Road south of the Port of Harlingen in Cameron County; (ii) Nueces River from US Highway 77 to the Calallen Dam 1.7 kilometers (1.1 miles) upstream of U.S. Highway 77 in Nueces/San Patricio County; (iii) Guadalupe River from State Highway 35 to the Guadalupe-Blanco River Authority Salt Water Barrier at 0.7 kilometers (0.4 miles) downstream of the confluence with the San Antonio River in Calhoun/Refugio County; (iv) Lavaca River from FM Road 616 to a point 8.6 kilometers (5.3 miles) downstream of US Highway 59 in Jackson County; (v) Navidad River from FM Road 616 to Palmetto Bend Dam in Jackson County; (vi) Tres Palacios Creek from FM Road 521 to a point 0.6 kilometer (0.4 mile) upstream of the confluence with Wilson Creek in Matagorda County; (vii) Colorado River from FM Road 521 to a point 2.1 kilometers (1.3 miles) downstream of the Missouri-Pacific Railroad in Matagorda County; (viii) San Bernard River from FM Road 521 to a point 3.2 kilometers (2.0 miles) upstream of State Highway 35 in Brazoria County; (ix) Chocolate Bayou from FM Road 2004 to a point 4.2 kilometers (2.6 miles) downstream of State Highway 35 in Brazoria County; (x) Clear Creek from Interstate Highway 45 to a point 100 meters (110 yards) upstream of FM Road 528 in Galveston/Harris County; (xi) Buffalo Bayou (Houston Ship Channel) from Interstate Highway 610 to a point 400 meters (440 yards) upstream of Shepherd Drive in Harris County; (xii) San Jacinto River from Interstate Highway 10 upstream to the Lake Houston dam in Harris County; (xiii) Cedar Bayou from Interstate Highway 10 to a point 2.2 kilometers (1.4 miles) upstream of Interstate Highway 10 in Chambers/Harris County; (xiv) Trinity River from Interstate Highway 10 to the border between Chambers and Liberty Counties; (xv) Neches River from Interstate Highway 10 to a point 11.3 kilometers (7.0 miles) upstream of Interstate Highway 10 in Orange County; (xvi) Sabine River from Interstate Highway 10 upstream to Morgan Bluff in Orange County; or (C) within one mile of the mean high tide line of the portion of rivers and streams described by subparagraph (B) of this paragraph, except for the Trinity and Neches rivers. (i) For the portion of the Trinity River described by subparagraph (B) of this paragraph, coastal wetlands include those wetlands located between the mean high tide line on the western shoreline of that portion of the river and FM Road 565 and FM Road 1409 or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 563. (ii) For the portion of the Neches River described by subparagraph (B) of this paragraph, coastal wetlands include those wetlands located within one mile of the mean high tide line of the western shoreline of that portion of the river or located between the mean high tide line on the eastern shoreline of that portion of the river and FM Road 105. (6) Critical dune area--A protected sand dune complex on the Gulf shoreline within 1,000 feet of mean high tide designated by the land commissioner under Texas Natural Resource Code, §63.121. (7) Critical erosion area--Has the meaning assigned to the term "critical coastal erosion area" by Texas Natural Resources Code, §33.601(4). (8) Gulf beach--A beach bordering the Gulf of Mexico that is: (A) located inland from the mean low tide line to the natural line of vegetation bordering the seaward shore of the Gulf of Mexico; or (B) part of a contiguous beach area to which the public has a right of use or easement: (i) continuously held by the public; or (ii) acquired by the public by prescription, dedication, or estoppel. (9) Hard substrate reef--A naturally occurring hard substrate formation, including a rock outcrop or serpulid worm reef, living or dead, in an intertidal or subtidal area. (10) Oyster reef--A natural or artificial formation that is: (A) composed of oyster shell, live oysters, and other living or dead organisms; (B) discrete, contiguous, and clearly distinguishable from scattered oyster shell or oysters; and (C) located in an intertidal or subtidal area. (11) Special hazard area--An area designated under 42 United States Code Annotated, §4001 et seq, as having special flood, mudslide or mudflow, or flood-related erosion hazards and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E. (12) Submerged land--Land located under waters under tidal influence or under waters of the open Gulf of Mexico, without regard to whether the land is owned by the state or a person other than the state. (13) Submerged aquatic vegetation--Rooted aquatic vegetation growing in permanently inundated areas in estuarine and marine systems. (14) Tidal sand or mud flat--A silt, clay, or sand substrate, without regard to whether it is vegetated by algal mats, that occur in intertidal areas and that are regularly or intermittently exposed and flooded by tides, including tides induced by weather. (15) Water of the open Gulf of Mexico--Water in this state, as defined by Texas Water Code, §26.001(5), that is part of the open water of the Gulf of Mexico and that is within the territorial limits of the state. (16) Water under tidal influence--Water in this state, as defined by Texas Water Code, §26.001(5), that is subject to tidal influence according to the Texas Commission on Environmental Quality stream segment map. The term includes coastal wetlands. (c) The following abbreviations, when used in this chapter, shall have the following meanings. (1) GLO--General Land Office; (2) PUC--Public Utility Commission; (3) RRC--Railroad Commission of Texas; (4) Sea Grant--Texas Sea Grant College Program; (5) SLB--School Land Board; (6) THC--Texas Historical Commission; (7) TCEQ--Texas Commission on Environmental Quality; (8) TPWD--Texas Parks and Wildlife Department; (9) TSSWCB--Texas State Soil and Water Conservation Board; (10) TWDB--Texas Water Development Board; and (11) TxDOT--Texas Department of Transportation. (d) To the extent that reference is made to statutory or regulatory terms or phrases which are not defined in this chapter, such terms and phrases retain the meaning provided in the pertinent agency or political subdivision policies or regulations.
Source Note: The provisions of this §501.3 adopted to be effective June 15, 1995, 19 TexReg 7606; amended to be effective November 3, 1995, 20 TexReg 8643; amended to be effective December 15, 1997, 22 TexReg 12076; amended to be effective August 27, 2000, 25 TexReg 8032; amended to be effective July 15, 2002, 27 TexReg 6317; amended to be effective October 6, 2004, 29 TexReg 9407; amended to be effective October 29, 2006, 31 TexReg 8840