.JIM MATTOX 

Attorney General 

Su~rerrio Court Bulldln9 

~‘. 0. Box 12549 

.u*,,n. TX. 78711. 2549 

af475-2591 

Telex 9101874-1357 

-4lecopier 51214754255 

714 Jackron, Suite 7W 

-was, TX. 752024509 

!14/742-8944 

;824 Alberta Ave., Suits 150 

il Paw, TX. 79905.2793 

91~533.3494 

Texas. Suite 799 

humto”, TX. 77902.3111 

713l22M9BS 

SOS Broadway. Bulta 312 

Lubbock. TX. 794Ola79 

3061747.5239 

4309 N. Tenth. Suite B 

McAllen. TX. 79501.1595 

5121682.4547 

200 Main Pl424. suit0 400 

San Antonio. TX. 792952797 

51212254191 

An Equal Opportunity/ 

Affirmative Actlon Employer 

The Attorney General of Texas 

Decmber 13, 1984 

Houoreble Jim Mapel 

Criminal District Attorney 

Brezorie County Courthouse 

Angleton, Texas 77515 

Opinion No. JM-246 

Be: Whether Brezorie County mey 

establish a dune protection line 

along ite coast pursuant to 

section 63.011 of the Natural 

Resources Code 

Deer Mr. Mepel: 

You have requasted our opinion es to whether Brezoria County is 

authorized to cste~~l.ish a dune protection line along its entire coast. 

Section 63.011. of the Natural Resources Code provides: 

After notice end hearing. the comissioners 

court ol’ any county bordering ou the Gulf of 

Mexico that has within its boundaries a barrier 

island 0:: peninsula located north of the Hensfield 

Ship Chzmel may establish a dune protection line 

on the island or peninsula for the purpose of 

preserving send dunes that offer a defense against 

storm water end erosion of the shoreline. 

“Barrier islend” :Ln defined es “an island bordering on the Gulf of 

t4exico end entiw!ly surrounded by water.” Section 63.002(2). 

Brezoria County borders on the Gulf of Mexico end is located north of 

the Mansfield Ship Channel. The intercoastal canal runs the length of 

Brazorie County, several miles inland from the Gulf. You suggest that 

“the intercoastal cane1 in e sense mekes a barrier island of the 

entire county coe8tline.” In order to accept this argument es valid. 

we would have to construe “veter” in section 63.002(2) to include e 

men-made body of water such es the canal. 

Dr. Robert Mwton. associate director of the University of Texas 

Bureau of Economic Geology, end en internationally kaown expert ou 

coastal geology WIICI has frequently testified es en expert witness for 

this office. has furnished information to us which indicates that e 

“barrier island.” in geological terms. is e lend form which fronts on 

en open oceen. anei which is normally bounded lendwerd by e lagoon or 

e8tUary. Dr. Mor,:on emphasiees that a barrier island is e naturally 

occurring geologic:el form created by erosion over e period of time. 

p. 1102 
Honorable Jim Mepel - Pege 2 ~:.lll-246) 

Furthermore. in Padre Islarid Netioael Seeshore: A Guide to the 

Geology, Neturel Environment, end Ristory of e Texas Barrier Island 

(1980) by Weise, B.R. end While!, W.A. the authors define e "barrier 

island" es 

a long, low, nerrow island separated from the 

mainland by a lagoon end commonly having dunes, 

vegetated sonea and rarshy environments extending 

legoonverd from the t'each. 

It is clear from this informetl.ca thet a berrier irlend. in geologicel 

terms, wee not crested by the construction of this ertificiel canal. 

See also, definitions of "berrier islend' end "barrier beech" in 

American Geological Institute, Glossary of Geology & Related Sciences, 

a Cooperative Project (1957). ?'he legisleture we8 presumebly aware. 

when it enacted the predecessor statute of section 63.002, et seq., in 

1973, that e "barrier island' has specific geologicel significence. 

i.e., thet it is separated fra'n the meinlend by a lagoon or estuary 

rclther then by a men-mede cene:i.. For this reesou, we believe that the 

legisleture, in defining "berri,er islend' in section 63.002(2), must 

have intended 'veter' to reff!r only to weter naturally surrounding 

such island. 

We conclude therefore that, since no 'barrier island" lies within 

the boundaries of Brezorie Cowaty, that county is not authorized by 

section 63.011 of the Natural Resources Code to establish a dune 

protection line *long ite entire coast. 

Brezorie County is not authorized under section 

63.011 of the Neturc.1 Resources Code to establish 

a dune protection line along its entire coast. 

MATTOX - 

Attorney General of Texas 

TOI4 GREEN 

First Assistant Attorney Geneml 

DAVID R. RICHARDS 

Executive Assistant Attorney Cenerel 

RICR GILPIN 

Chairmen. Opinion Co-ittee 

1'. 1103 . 
Ronorable Jim Mepel - Page 3 (JM-246) 

Prepared by Rick Gilpin 

Assistent Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin. Chairmen 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

p. 1104