PARKS AND WILDLIFE CODE
CHAPTER 14. POWERS AND DUTIES CONCERNING WETLANDS
SUBCHAPTER A. GENERAL POWERS AND DUTIES
§ 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, § 3, eff. June 5, 1991.
§ 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.
(c) The department and the land office shall submit the plan
to 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, § 3, eff. June 5, 1991.
Amended by Acts 1995, 74th Leg., ch. 76, § 11.279, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 165, § 22(64), eff. Sept. 1,
1995.
§ 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, § 3, eff. June 5, 1991.
