CHAPTER 14. POWERS AND DUTIES CONCERNING WETLANDS

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-2-parks-and-wildlife-department > Chapter-14-powers-and-duties-concerning-wetlands

PARKS AND WILDLIFE CODE

TITLE 2. PARKS AND WILDLIFE DEPARTMENT

SUBCHAPTER A. GENERAL POWERS AND DUTIES

Sec. 14.001. DEFINITIONS. In this chapter:

(1) "Department" means the Parks and Wildlife Department.

(2) "Land office" means the General Land Office.

(3) "Mitigation" means the sequential process of avoiding

impacts to wetlands, minimizing impacts to wetlands, and

providing compensation for losses to wetlands.

(4) "State-owned coastal wetlands" mean wetlands owned by state

agencies underlying or adjacent to tidal waters.

Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,

1991.

Sec. 14.002. STATE-OWNED WETLAND CONSERVATION PLAN. (a) The

department and the land office, in conjunction, shall develop and

adopt a State Wetlands Conservation Plan for state-owned coastal

wetlands. The Texas Natural Resource Conservation Commission and

other state agencies and local governments shall assist in

developing and implementing the plan. The department and the land

office shall consult with federal agencies in developing and

adopting the plan.

(b) The plan shall include:

(1) a definition of the term "wetlands" consistent to the

greatest extent practicable with the definition under Subchapter

J, Chapter 11, Water Code, and federal law;

(2) a policy framework for achieving a goal of no overall net

loss of state-owned coastal wetlands, which framework shall

include monitoring and enforcement of the no overall net loss

policy;

(3) provisions for an inventory of state-owned coastal wetlands

to determine gains and losses in areal extent, wetland types,

wetland function, and the causes of wetlands alterations;

(4) provisions for an inventory of sites for compensatory

mitigation, enhancement, restoration, and acquisition priorities;

(5) clarification and unification of wetland mitigation policies

within the department, the land office, and the Texas Natural

Resource Conservation Commission, and other state agencies and

subdivisions;

(6) development of guidelines and regulations for mitigation

done in advance for losses due to possible future development and

for which credit may be received when such future development

occurs;

(7) evaluation of requirements of freshwater inflow to estuaries

that affect state-owned coastal wetlands;

(8) preparations for a long-range navigational dredging and

disposal plan, in consultation with the Texas Department of

Transportation, port authorities, and navigation districts,

including the recommendations set out in the department's Texas

Outdoor Recreation Plan;

(9) provisions for scientific studies examining the effects of

boat traffic in sensitive coastal wetland areas and for education

of the public with regard to the effects of boating in wetlands

and proper nondamaging boating techniques;

(10) provisions to encourage the reduction of nonpoint source

pollution of coastal wetlands, bays, and estuaries, in

consultation with the Texas Natural Resource Conservation

Commission, including the monitoring and adoption of nonpoint

source pollution standards as they are developed by authorized

state and federal agencies;

(11) development of a networking strategy to improve

coordination among existing federal and state agencies with

respect to coastal wetland permitting, review, and protection

responsibilities, including the assessment of current state

agency permitting and other processes concerning coastal

wetlands;

(12) a public education program on wetlands with the

responsibility for the production of such material to be jointly

that of the land office and the department;

(13) participation in the establishment of a National Wetlands

Information Center by the federal government;

(14) evaluation of the feasibility and effect of sediment

bypassing from reservoirs to bays and estuaries;

(15) consideration of sea level rise as it relates to coastal

wetlands;

(16) provisions consistent with the department's Texas Wetlands

Plan;

(17) a plan to acquire coastal wetlands, following the

guidelines provided for in Subchapter G, Chapter 33, Natural

Resources Code; and

(18) any other matter affecting state-owned coastal wetlands.

the Parks and Wildlife Commission and the School Land Board for

review, comments, and approval.

(d) Following approval of the plan, the Parks and Wildlife

Commission and the School Land Board shall adopt rules, policies,

standards, and guidelines to implement the plan fully.

Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,

1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.279, eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 165, Sec. 22(64), eff.

Sept. 1, 1995.

Sec. 14.003. GIFTS AND GRANTS. The department and the land

office may apply for, request, solicit, contract for, receive,

and accept gifts, grants, donations, and other assistance from

any source to carry out the powers and duties provided by this

subchapter.

Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5,

1991.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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