The commission in its discretion may, in processing a permit application, make a separate determination on the question of land use compatibility, and, if the site location is acceptable, may at another time consider other technical matters concerning the application. A public hearing may be held for each determination in accordance with Section 361.088. In making a determination on the question of land use compatibility, the commission shall not consider the position of a state or federal agency unless the position is fully supported by credible evidence from that agency during the public hearing.
Tex. Health & Safety Code § 361.069
DETERMINATION OF LAND USE COMPATIBILITY
Known as the Solid Waste Disposal Act
The act spans §§ 361–361 (309 sections).
Applied in 2 court decisions — leading case Heritage on the San Gabriel Homeowners Ass'n v. Texas Commission on Environmental Quality (2012)
Most recently applied in Heritage on the San Gabriel Homeowners Ass'n v. Texas Commission on Environmental Quality (December 2012)
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.