Sec. 86.004. GRANTING OF PERMIT. The commission may grant a permit to an applicant who has complied with all requirements of the commission if the commission finds that the disturbing, taking, and carrying away of marl, sand, gravel, shell, or mudshell will not:
(1) damage or injuriously affect any island, reef, bar, channel, river, creek, or bayou used for navigation, or any oysters, oyster beds, fish, or wildlife in or near the water used in the operation;
(2) change or injuriously affect any current that would affect navigation;
(3) significantly and injuriously change the hydrology of the river;
(4) significantly increase downstream nonpoint source pollution; and
(5) significantly accelerate erosion upstream or downstream from the place where the taking occurs.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 923, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Title 5 - Wildlife and Plant Conservation
Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell
Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell
Section 86.001. Management and Protection
Section 86.002. Permit Required; Penalty
Section 86.003. Application for Permit
Section 86.004. Granting of Permit
Section 86.005. Economic Considerations
Section 86.007. Permit by Rule
Section 86.008. Denial of Permit
Section 86.009. Termination and Revocation
Section 86.010. Removal and Replanting of Oysters and Oyster Beds
Section 86.0105. Removal Report
Section 86.011. Delegation of Authority
Section 86.012. Sales of Materials
Section 86.014. Use for Seawalls, Etc
Section 86.015. Sand From Corpus Christi and Nueces Bays
Section 86.016. Deposit of Funds
Section 86.018. Taking From Certain Areas Prohibited
Section 86.019. Oil and Gas Lessees
Section 86.0192. Exemption for Certain Political Subdivisions
Section 86.023. Liability for Value of Material Taken
Section 86.026. More Than One Defendant
Section 86.027. Civil Suit and Criminal Prosecution Permissible