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The General Land Office (GLO) has primary responsibility for managing the habitats and waters of the Texas
coastal region. Under the Texas Coastal Management Program, coastal preserves are coastal lands owned by the state designated as protected areas for recreation, scientific study, parks,
wildlife management, refuges or historic sites. Under this program, the GLO leases coastal lands to the Texas Parks and Wildlife Department to manage them as preserves. Currently there are
four coastal preserves.
In 1988 the South Bay (3,400 acres) and Welder Flats (1,400 acres) preserves were established, followed in 1991 by the Christmas Bay preserve (5,660 acres), adjacent to the Brazoria National Wildlife Refuge. Finally, most recently, the Armand Bayou preserve (319 acres) was set up in Harris County.
In 1991, the Texas legislature directed the GLO to head up a new Coastal Coordination Council, which has since
developed a Texas Coastal Management Program (CMP) and a Coastal Zone Management Plan with other state agencies. The plan, which became effective in 1995, sets policies, standards, and
regulations affecting private and public property in all counties contiguous to the Texas coastline. It can impact such activities as development permits, dredge-and-fill operations, siting
of oil and gas waste-disposal pits, agricultural activities, and highway construction. The CMP also provides about $2 million a year in grants to coastal communities and organizations.
Coastal Texas 2020 is a more recent effort to unite local, state and federal efforts to promote the economies
and environment of the Texas coast and to increase federal monies to combat coastal erosion. Toward that same end, in 1999, the Texas Legislature approved the Coastal Erosion Planning &
Response Act, which is overseen by the GLO. Under the Coastal Erosion Fund, the GLO provided $15 million in FY 2000 and 2001 in beach nourishment, shoreline protection, marsh restoration,
studies and aerial photographs grants to local communities. In addition, other state allocations, local allocations and federal allocations brought the total project costs to nearly $28
million. In the second "cycle" of the Coastal Erosion Fund --- FY 2002 and 2003 -- nearly $39 million has been allocated for a variety of coastal erosion mitigation projects.* An analysis of 13 of these projects found that for every $1 invested in coastal erosion reponse projects, an economic return of more than $16 is expected over the life of the project.* One of the natural resource benefits of these projects is cleaner water better able to support aquatic life and meet water quality standards.
Wetlands Protection
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FYI
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HOW ARE 404 PERMITS ISSUED?
- An individual wishing to discharge, dredge or fill material in waterways protected by the
Clean Water Act applies to the U.S. Army Corps of Engineers for a Section 404 permit. In some cases, the individual may qualify for a Nationwide Permit (NWP)
which does not require as much review.
- The Corps of Engineers publishes a public notice that it has received a Section 404
application.
- The Texas Commission on Environmental Quality (TCEQ) and the Corps of Engineers review the
application under Section 401 of the Federal Clean Water Act .
- A public hearing is held if any party requests one during the 30-day public notice period.
- The TCEQ completes review of the request for a Section 401 certification. The state may:
- deny the certification,
- grant the certification,
- grant the certification only if certain conditions are met, or
- waive certification of the 401 permit.
- If the state waives certification or certifies the Section 404 application, a Section 404
permit may be granted by the Corps of Engineers. However, the Corps of Engineers may also choose to deny the permit, based on its own review. Both the Corps of
Engineers and the TCEQ must approve of the permit in order for filling and dredging activities to begin.
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With the Clean Water Act of 1977, the federal government
initiated the first truly comprehensive wetlands protection program. Section 404 of the Clean Water Act requires the Army Corps of Engineers to issue a permit for any dredging
or filling of waters of the United States. In 1986, this provision was expanded to include wetlands and water serving as habitat for migratory birds or endangered species. Normal
farming, forestry, and ranching activities are exempt from permit requirements.
Though the U.S. Army Corps of Engineers actually issues the
Section 404 permits, applicants must also obtain certification from the state that a permit will not violate state water quality standards under Section 401 of the Clean Water Act. Under a
recent memorandum of understanding between the U.S. Army Corps of Engineers and the TCEQ, projects are based upon size and type of project. Thus, Tier I projects are those
that will impact less than three acres of state water or less than 1500 feet of streams. In most cases, the TCEQ waives certification of Tier I projects. Tier II projects are larger
projects or smaller projects that could impact rare or significant wetlands or state waters. These projects are subject to an individual review by the agency and involves a
public comment process.* The TCEQ is responsible for issuing -- or denying -- the 401 certifications, other than
those permits related to oil and gas production, which the Railroad Commission of Texas reviews. Usually, a permit requires some form of mitigation to require that other
wetlands be restored to make up for destroyed wetlands.
The 401 certification process was substantially revised in
August of 2001, allowing among other changes the executive director of the agency to waive certification when certain water quality conditions are included in the 404 permit. In
addition, in 2001,in the case of Solid Waste Authority of Northern Cook County v. U.S. Army Corps of Engineers, the
U.S. Supreme Court further weakened the Section 404 permit process by eliminating certain "isolated" wetlands from
the jurisdiction of the Clean Water Act. However, different offices of the U.S. Army Corps of Engineers have interpreted
this ruling differently. For example, the Galveston District -- which reviews Section 404 permits for most of the Texas
coast -- has stripped protection from wetlands connected by swales and "sheet flows" to major waterways and bays,
as they consider these wetlands "isolated" from major waterways and bays. Under this interpretation, only those
wetlands connected directly to waterways by a bed and bank stream are protected. Districts in other states, however,
have adopted guidelines that would protect wetlands which are hydrologically connected to waterways in times of rains
or floods. Currently, the U.S. EPA and U.S. Army Corps of Engineers is still in the process of adopting new rules based
upon the 2001 Supreme Court Ruling. In the meantime, many wetlands that would have been protected in the Texas
upper coastal area -- or at least required a permit process -- are being filled and dredged.* Finally, in February of
2002, final rules were published in the Federal Registry for so-called "Nationwide Permits." Nationwide Permits are
Section 404 permits that can be granted with minimal review if certain conditions are met. Currently, there are over 40
different NWPs which do not require individual permit applications. They include such activities as agricultural activities,
mining, boat docks and navigation improvements, again when certain conditions are met.* Most of the categories of
NWPs are also automatically certified by the TCEQ as well, again providing that certain conditions -- such as Best Management Practices -- are met.*
In 1991, wetlands were recognized for the first time as "waters of the state" under Texas Water Quality Standards. In
2000, the TSWQS further defined the protection of wetlands as water in the state and recognized wetland water quality
functions as a feature that must be protected. Unfortunately, the TCEQ has no permanent, idependent wetlands
monitoring program, although some wetlands monitoring does occur as part of regular monitoring in shallow bays and
estuaries and in the backwaters of lakes with wetland characteristics. Some special studies have also been conducted on Texas wetland water quality.* Also in 1991, the legislature adopted a policy of no-net-loss of state-owned wetlands
for the state of Texas. This policy has led the TPWD to develop a wetlands management plan for state-owned
wetlands, which other state agencies are directed to uphold to protect certain wetlands from destruction.
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