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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 69RESOURCE PROTECTION
SUBCHAPTER HISSUANCE OF MARL, SAND, AND GRAVEL PERMITS
RULE §69.101Management and Protection

(a) These rules establish the procedures for the issuance of permits for the taking of sedimentary materials from the public waters of this state.

(b) Permits issued pursuant to these rules are not contracts, but are evidence of permission granted by the commission, acting through the executive director of the department, to operate strictly in accordance with the terms of the permit.

(c) Prior to issuing a permit under this section for the disturbance of marl sand and gravel within the Coastal Management Program Boundary as defined in §503.1 of this title (relating to Coastal Management Program Boundary) the department shall comply with the requirements §69.91 and §69.93 of this title (relating to Consistency; Threshold for Referral) and §505.30 of this title (relating to Agency Consistency Determination). Grant or denial of an application for a permit under this section is not a final agency action appealable for purposes of judicial review under the Texas Administrative Procedure Act, Texas Government Code, Title 10, Subtitle A, §2001.171, until the jurisdiction of the Coastal Coordination Council has lapsed.


Source Note: The provisions of this §69.101 adopted to be effective February 4, 1997, 22 TexReg 958.

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