NOTICE OF CONSTRUCTION OF CERTAIN STRUCTURES

(a) This section applies only in a county with a population of less than 500,000 that: (1) borders the Gulf of Mexico and in which a national wildlife refuge is wholly or partly located; or (2) does not contain a municipality with a population greater than 300,000 and is adjacent to a county described by Subdivision (1). (b) Not later than the 90th day before the date a person begins construction of a structure taller than 575 feet, the person shall submit to the department a request for the department to review the project under Section 12.0011(b)(3). (c) Not later than the 45th day after the date the department receives a request under Subsection (b), the department shall recommend in writing measures to minimize the impact of the structure on migratory birds. (d) If the department does not provide recommendations under Subsection (c) to the person who requested review within the period required by that subsection, the construction of the project may proceed without further delay or modification. (e) Not later than the 45th day after the date the person who requested review receives the recommendations under Subsection (c), the person shall provide a written response to the department accepting the recommendations or providing alternative minimization measures in place of department recommendations. (f) If the department does not agree to the alternative minimization measures received under Subsection (e), the department shall reach a final decision on the minimization measures the structure must utilize not later than the 45th day after the date the department received the alternative minimization measures. If the department requires compliance with minimization measures other than those agreed to by the person who requested review, the person is entitled to an administrative hearing before the State Office of Administrative Hearings. (g) The commission may adopt rules to implement this section. (h) Information submitted to the department under this section is not subject to Chapter 552, Government Code.