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 December 8, 2025 to December 12, 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 website. The notice was published on the website on Friday, December 19, 2025. The public comment period for this project will close at 5:00 p.m. on Sunday, January 18, 2026.
Federal License and Permit Activities:
Applicant: Texas Department of Transportation - Pharr District
Location: The project would affect waters of the United States and navigable waters of the United States associated with South Bay and is located within the right-of-way (ROW) to established Texas State Highway 4, between Brownsville and Starbase, Cameron County, Texas; at.
Latitude and Longitude: 25.94799, -97.287068
Project Description: The applicant’s stated primary purpose of the requested authorization is to
improve transportation efficiency and safety along Texas State Highway 4 - improve mobility, improve safety, and increase operational efficiency along State Highway 4 between Oklahoma Boulevard in Brownsville and LBJ Boulevard in Starbase, Texas. The applicant requests authorization to permanently impact approximately 24.090 acres of emergent wetlands, 0.789 acres of scrub-shrub wetlands, 3.216 acres to tidal mud flats, 1.846 acres of estuarine wetlands, 3.216 acres to tidal sand flats, and 0.004 acres of open water. Temporary impacts include 22.728 acres of emergent wetland, 0.272 acres of scrub-shrub wetland, 10.055 acres to tidal mud flats, and 0.217 acres to open waters. The Project proposes widening approximately 13 miles of Texas State Highway 4 (SH 4) from the existing 2-lane roadway to a 4-lane divided roadway with two, 12-foot travel lanes and an 8- foot paved shoulder in each direction, with a 12-foot flush paved median separating opposing traffic. At the western end of the project, the 2-lane roadway would transition into a 3-lane roadway for a length of approximately 1,500 feet, with two, 12-foot lanes in the westbound direction and one, 12-24-foot lane in the eastbound direction, separated by a 12-14-foot median, before transitioning into the 4-lane roadway. Existing culverts would be extended to accommodate the widened typical section and turn lanes would be added at some intersections. The Project would be fully located within the existing SH 4 ROW. An 8-foot bike path with a 4- to 6-foot grass separation from the outside travel lane would be constructed on the south side of SH 4 for approximately 3.75 miles from Quicksilver Avenue (the southern end of the Rio West development) to LBJ Boulevard (the northern end of Boca Chica Village).
The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: TXDOT has proposed to purchase wind-tidal flat credits, mangrove forest credits, and emergent wetland credits from the currently under review Rockhands Mitigation Bank (SWG-2025-00405) to offset the 3.216 acres of wind-tidal flat impacts, 0.789 acres of scrub-shrub wetland impacts, and 24.090 acres of emergent wetland impacts. TXDOT is in the process of completing the Uniform Mitigation Assessment Method forms for the aquatic resources that would be impacted by the project and will provide these to the Corps upon completion to determine the amount of mitigation credits needed to offset the proposed project impacts.
Type of Application: U.S. Army Corps of Engineers permit application # SWG-2025-00370. 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: 25-1050-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.