Sec. 86.007. PERMIT BY RULE. (a) The commission by rule may establish conditions under which specified activities are authorized without the requirement of individual permits under this chapter. An activity conducted in accordance with those conditions is considered to be under a permit.
(b) Rules adopted under this section shall require a person proposing to rely on the authorization provided for by this section to notify the department and, as appropriate, to report to the department during and after the activity. The rules may provide for a waiver of the requirement for advance notification in an emergency. The commission may require a nonrefundable processing fee to be submitted with the notification.
(c) The department, under rules adopted under this section, may require an individual permit for any proposed activity.
(d) In addition to the requirements under Subchapter B, Chapter 2001, Government Code, the rules shall require public notification of the proposed activity to provide the public with an opportunity to comment on the appropriateness of requiring an individual permit.
(e) The rules must establish best management practices that must be followed to minimize potential adverse effects on resources under the commission's jurisdiction.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 923, Sec. 2, 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