Texas Natural Resources Code - Section 221.001. Definitions
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Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 221.001. Definitions
§ 221.001. DEFINITIONS. In this chapter:
(1) "Buffer zone" means a strip of land adjoining a
wetland mitigation bank to protect the wetland habitat and wildlife
within the bank from the impact of an activity outside the zone.
The term includes a strip of land composed primarily of water or a
strip of land that includes a fence, wall, or screen of vegetation.
(2) "Eligible political subdivision" means:
(A) a county with a population of 3.3 million or
more or a county adjacent to such a county; or
(B) a conservation and reclamation district:
(i) that is established under Section 59,
Article XVI, Texas Constitution;
(ii) the boundaries of which are within a
county that has a population of 3.3 million or more; and
(iii) that is authorized under other law to
participate in a program under this chapter.
(3) "Federal requirement" means a requirement of the
federal government contained in a statute, regulation, or guideline
for an eligible mitigation bank program or a wetland regulation
program.
(4) "Mitigation bank" means a parcel of land that has
undergone or is proposed to undergo a physical change necessary to
create or optimize the acreage or quality of wetland habitat on the
parcel expressly to provide a mitigation credit to offset an
adverse impact to wetland caused by an approved project located
elsewhere.
(5) "Mitigation credit" means a unit of measured area
that supports wetland habitat or wetland habitat value that did not
exist at the mitigation bank site before the mitigation bank was
developed.
(6) "Wetland" means land that:
(A) has a predominance of hydric soil;
(B) is inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support a
prevalence of hydrophytic vegetation typically adapted for life in
saturated soil conditions; and
(C) under normal circumstances does support a
prevalence of that vegetation.
(7) "Wetland regulation program" means a program of
the state, a state agency, or an eligible political subdivision
under which the state, agency, or subdivision administers its own
individual or general permit program regulating the use of wetland.
Added by Acts 1997, 75th Leg., ch. 165, § 24.01(a), eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 669, § 114, eff.
Sept. 1, 2001.
Section: 211.012 211.013 211.014 211.031 211.032 211.033 211.034 221.001 221.002 221.003 221.021 221.022 221.023 221.041 221.042
Last modified: August 11, 2007
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