Notice and Opportunity to Comment on Requests for Consistency
Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 26. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of November 3, 2025 to November 7, 2025. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§30.20(f), 30.30(h), and 30.40(e), the public comment period extends 30 days from the date published on the Texas General Land Office web site. The notice was published on the web site on Friday, November 14, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, December 14, 2025.
Federal License and Permit Activities:
Applicant: Coastal Bend Bays and Estuaries Program
Location: The project would affect waters of the United States and navigable waters of the United States associated with Copano Bay and is located at 0.33 miles east of the intersection of Rancho Grande and 1st Street, in Bayside, Refugio County, Texas.
Latitude and Longitude: 28.120973, -97.172764
Project Description: To install breakwaters to reduce shoreline erosion and to create a living shoreline behind the breakwaters and proprietary habitat structures. The applicant requests authorization to construct a breakwater structure 1.7 miles long by 50 feet wide, 400 feet from the shore. The breakwater crest elevation is designed to be 4 feet above NAVD88 with a 4 horizontal to 1 vertical grade on the seaward side and a 2 horizontal to 1 vertical grade on the landward side. The crest width is designed to be 4 ft wide. The discharge of fill involves 76,000 cubic yards of riprap and 9,700 cubic yards of proprietary habitat structures into 11.5 acres of open water bottom. The proprietary habitat structures will be designed with stone, concrete, sediment and plants.
The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant is not proposing to mitigate for the proposed impacts stating that the project will reduce or prevent future erosion of the vegetated habitat and the area between the breakwater and the shoreline will be the future site of placement of riprap material, that will be allowed to restore to a more naturalized and native state. Additionally, the installation of a hard substrate will allow for the natural colonization and recruitment of oyster reefs.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2025-00276. This application will be reviewed pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. Note: The consistency review for this project may be conducted by Texas Commission on Environmental Quality as part of its certification under §401 of the Clean Water Act.
CMP Project No: 26-1029-F1
Further information on the applications listed above, including a copy of the consistency certifications or consistency determinations for inspection, may be obtained from the Texas General Land Office Public Information Officer at 1700 N. Congress Avenue, Austin, Texas 78701, or via email at pialegal@glo.texas.gov. Comments should be sent to the Texas General Land Office Coastal Management Program Coordinator at the above address or via email at federal.consistency@glo.texas.gov.