reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.11 - Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide authority for local governments to issue
				  permits or certificates for repairs to certain houses if any portion of the
				  house is located seaward of the boundary of the public beach.
(b) Definitions. In addition to the
				  definitions contained in §
										15.2 of this title (relating to
				  Definitions), the following words and terms shall have the following meanings:
(1) Beach debris--Anything that is not native
				  to the beach and beach/dune system, including, but not limited to, pilings,
				  concrete, fibercrete, rebar, riprap, boulders, automobile parts, rubble mounds,
				  damaged dune walkovers, garbage, septic systems, and other objects, that may
				  pose a hazard to public health and safety and/or no longer serve the purpose
				  for which they were originally intended.
(2) Boundary of the public beach--The
				  landward edge of the public beach, as described in §
											15.3(b) of this
				  title (relating to Administration) or an order issued under §
											15.12(e) of this
				  title (relating to Temporary Orders Issued by the Land Commissioner). For
				  purposes of this section, the location of the natural line of vegetation shall
				  be determined by the General Land Office on a case-by-case basis.
(3) Habitable--The condition of the premises
				  which permits the inhabitants to live free of serious hazards to health and
				  safety.
(4) House--A single or
				  multi-family structure that serves as permanent, temporary, or occasional
				  living quarters for one or more persons or families.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.12 - Temporary Orders Issued by the Land Commissioner

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to provide standards and procedures after a
				  meteorological event for the temporary suspension under §
										61.0185 of the
				  Texas Natural Resources Code of enforcement of the prohibition against
				  encroachments on and interferences with the public beach easement and
				  suspension under §
										61.0171 of the
				  Texas Natural Resources Code of line of vegetation determinations where the
				  natural line of vegetation has been obliterated. This rule is promulgated under
				  the authority of §
										61.011(d)
				  of the Texas Natural Resources Code.
(b) Definitions. In addition to the
				  definitions contained in §
										15.2 of this title (relating to
				  Definitions), the following words and terms, as used in this section, shall
				  have the following meanings:
(1) Beach
				  debris--Anything that is not native to the beach and beach/dune system, as
				  described in §
											15.11(b) of this
				  title (relating to Repairs to Certain Houses Located Seaward of the Boundary of
				  the Public Beach).
(2) Boundary of
				  the public beach--The landward edge of the public beach, as described in §
											15.3(b) of this
				  title (relating to Administration) or this section, or an order issued under
				  this section or §
											15.13 of this title (relating to
				  Disaster Recovery Orders).
(3)
				  Habitable--The condition of the premises, as described in §
											15.11(b) of this
				  title.
(4) House--A single or
				  multi-family structure, as described in §
											15.11(b) of this
				  title.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.13 - Disaster Recovery Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  section provides procedures for the commissioner to adopt a disaster recovery
				  order with temporary standards for stabilization and repair of structures and
				  dune restoration during a period of recovery following a declared or natural
				  disaster and to assist local governments in restoring beach access and dune
				  protection.
(b) Applicability. This
				  section applies only to a local government with a local dune protection and
				  beach access plan within a coastal county that has been included in a disaster
				  declaration made by the governor under §
										418.014, Texas
				  Government Code or in which a natural disaster has occurred, as determined by
				  the commissioner.
(c) Disaster
				  recovery orders. The commissioner may issue a disaster recovery order pursuant
				  to this section to authorize temporary standards for stabilization and repair
				  of structures, dune restoration, and other minimum measures needed to mitigate
				  for adverse effects to the public beach, public access points, and dune areas
				  caused by a damaging declared or natural disaster. The temporary standards
				  authorized by this section shall be effective for a period of two years from
				  the date of the issuance of disaster recovery order by the commissioner, unless
				  a shorter period of recovery is specified in the order.
(1) The disaster recovery order shall
				  identify the nature of the disaster, the name of the disaster and the time and
				  location of landfall (if applicable), any coastal county or counties to which
				  the order applies, the date of issuance, and the expiration date. The order is
				  effective upon issuance by the commissioner.
(2) Notice of the order issued under this
				  section shall be:
(A) posted on the General
				  Land Office's (GLO) Internet website;
(B) published by the GLO as a miscellaneous
				  document in the
Texas Register;
and
(C) sent to the governing body of a local
				  government to which the order applies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.14 - Determination of Insurable Status of Structures on the Public Beach and Notification to Texas Windstorm Insurance Association

Current through Reg. 49, No. 28; July 12, 2024
(a) Determination that a Structure is not
				  Insurable Property.
(1) The Commissioner of
				  the General Land Office (commissioner) may determine that a structure,
				  improvement, obstruction, barrier, or hazard located on the public beach is not
				  insurable property as defined in Texas Insurance Code, §
											2210.004,
				  for purposes of obtaining windstorm insurance through the Texas Windstorm
				  Insurance Program. The term "structure" as used in this section has the meaning
				  assigned in §
											15.2(67)
				  of this title (relating to Definitions) and includes any improvement,
				  obstruction, barrier, or hazard on the public beach. The commissioner will
				  conduct an evaluation to determine the insurable status of the property for
				  purposes of Texas Insurance Code, §
											2210.004.
				  The evaluation will include:
(A) Coordination
				  with the Texas Windstorm Insurance Association to determine if the structure is
				  currently listed as insurable property.
(B) A determination that the structure is
				  wholly or partially on the public beach in accordance with §
												15.3(b)
				  of this title (relating to Boundary of the Public Beach).
(C) If the structure is determined to be
				  located on the public beach, the evaluation will include:
(i) a determination as to whether the
				  structure constitutes an imminent hazard to safety, health, or public welfare
				  as provided in §
													15.15
				  of this title (relating to Criteria for Determining Health and Safety Hazards
				  Associated with Structures on the Public Beach), or
(ii) a determination as to whether the
				  structure substantially interferes with the free and unrestricted right of the
				  public to enter or leave the beach or traverse any part of the public beach as
				  provided in §
													15.16
				  of this title (relating to Criteria for Determining Substantial Interference
				  with Access to and Use of the Public Beach by Structures on the
				  Beach).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.15 - Criteria for Determining Health and Safety Hazards Associated with Structures on the Public Beach

Current through Reg. 49, No. 28; July 12, 2024
(a) The term
				  "structure" as used in this section has the meaning assigned in §
										15.2(67)
				  of this title (relating to Definitions) and includes any improvement,
				  obstruction, barrier, or hazard on the public beach.
(b) In consideration of whether a structure
				  on the public beach constitutes an imminent hazard to safety, health, or public
				  welfare, the Commissioner of the General Land Office may consider public
				  complaints, referrals from local government or state health and safety
				  regulatory officials or site investigations by staff of the General Land Office
				  that demonstrate the hazard to safety, health, or public welfare.
(c) An imminent hazard to safety, health or
				  public welfare exists if the condition of the structure creates a probability
				  of an individual coming into contact with any part of the structure or its
				  related components and injury, illness, or disability is reasonably certain as
				  a result of that contact or the condition of the structure and its related
				  components creates a public nuisance.
(d) Examples of imminent hazards to safety,
				  health, or public welfare include, but are not limited to:
(1) leaking sanitary sewer or septic
				  systems;
(2) general unsanitary
				  conditions;
(3) damaged
				  structures;
(4) eroded
				  foundations;
(5) structures with
				  protrusions;
(6) debris on the
				  beach, including material that is sharp or abrasive or that presents cutting,
				  piercing, or tripping hazards;
(7)
				  improperly managed waste and unmarked liquids;
(8) electrical shock hazards;
(9) utility services not in compliance with
				  local codes; and
(10) interference
				  with local government cleaning and maintenance activities, storm preparation
				  and prevention, emergency response, or government erosion response
				  projects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.16 - Criteria for Determining Substantial Interference with Access to and Use of the Public Beach by Structures on the Beach

Current through Reg. 49, No. 28; July 12, 2024
(a) The term "structure" as used in this
				  section has the meaning assigned in §
										15.2(67)
				  of this title (relating to Definitions) and includes any improvement,
				  obstruction, barrier, or hazard on the public beach.
(b) In determining whether a structure
				  located on the public beach constitutes a substantial interference with the
				  free and unrestricted right of the public to enter or leave the public beach or
				  traverse any part of the public beach, the Commissioner of the General Land
				  Office must find that the structure or its related components causes an actual
				  interference with the right of the public. Interference includes any
				  circumstance that hampers, hinders, infringes, disturbs, or creates, additional
				  burden or cost on the exercise of the right of the public to enter or leave the
				  public beach or traverse any part of the public beach.
(c) Examples of substantial interference
				  include, but are not limited to, circumstances where the structure or its
				  related components:
(1) cause pedestrian or
				  vehicular traffic to negotiate through debris or beneath an elevated
				  structure;
(2) interfere with the
				  use of special assistance devices or motorized vehicles on the public beach by
				  disabled individuals;
(3) interfere
				  with construction or use of dune walkovers because access thereto is blocked by
				  a structure on the public beach;
(4) cause pedestrian or vehicular traffic to
				  enter the water in order to traverse the beach at normal high tide;
(5) cause delay for emergency response
				  vehicles; and
(6) cause increased
				  costs for local governments in the cleaning and maintenance of the public
				  beach.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.17 - Local Government Erosion Response Plans

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to the authority granted by Texas Natural Resources Code, §
										33.607,
				  local governments must develop plans for reducing public expenditures for
				  erosion and storm damage losses to public and private property, including
				  public beaches. The Erosion Response Plan (ERP) should be prepared in
				  consultation with the General Land Office and may include the following
				  elements:
(1) A building set-back line that
				  will accommodate a shoreline retreat. The local government should consider the
				  following criteria in establishing a building set-back line:
(A) Historical erosion rates as determined by
				  the University of Texas at Austin, Bureau of Economic Geology, or other source
				  approved by the General Land Office;
(B) The reference point for the setback line
				  may be any one of the following:
(i) The line
				  of vegetation (LOV);
(ii) Mean Low
				  Tide;
(iii) Mean High Tide;
				  or
(iv) The line depicted in a
				  coastal boundary survey approved and filed as provided in Texas Natural
				  Resources Code, §
													33.136;
(C) The dune protection line
				  (DPL). The building set-back line may not be located further landward than the
				  DPL, which is established by a local government under the Dune Protection Act
				  and updated as specified in §
												15.3(k)
				  of this title (relating to Local Government Review of Dune Protection Line
				  Location). The building set-back line must protect as much of the critical dune
				  area as practicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.21 - General Provisions on Certification of Local Government Dune Protection and Beach Access Plans

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Implementation of conditionally certified plans. Local governments are required
				  to implement conditionally certified plans consistent with the Texas Natural
				  Resources Code, Chapters 61 and 63, and the General Land Office rules for
				  management of the beach/dune system, §§
										15.1-
				  15.10 of this
				  title (relating to Management of the Beach/Dune System).
(b) Removal of conditions of certification.
(1) Local governments shall submit their
				  modified plans on or before the expiration of the 180-day time period. The
				  General Land Office shall provide to the pertinent local government a
				  determination as to the sufficiency of the modification(s) within 60 days of
				  receipt of the plan. The General Land Office will remove all conditions of the
				  plan's certification by amending the section in this subchapter that documents
				  the status of the specific local government's plan. If the General Land Office
				  determines that modifications of plans are insufficient, the General Land
				  Office shall provide specific exceptions to the modifications. If those
				  portions of the plan to which the General Land Office has noted exceptions can
				  be addressed through further comment, plan revision and review, conditional
				  certification will be reissued pursuant to a General Land Office amendment to
				  the local government's section which documents the certification status of the
				  local government's plan, subject to further plan modification.
(2) In the event that a local government
				  chooses not to modify its plan as requested in the General Land Office
				  comments, the local government shall provide in writing the scientific or legal
				  justification as to why such modifications are not feasible. The justification
				  shall be submitted to the General Land Office on or before the due date of the
				  revised plan. The justification will be reviewed by the General Land Office,
				  and a determination as to the sufficiency of the justification will be provided
				  to the local government within 60 days of receipt by the General Land Office.
				  Local government plans shall continue in effect under conditional certification
				  until the sufficiency of the justification is resolved or the section
				  documenting the certification status of the local government plan is
				  amended.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.22 - Certification Status of Brazoria County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Brazoria County has submitted to the
				  General Land Office a dune protection and beach access plan which is certified
				  as consistent with state law. The County's plan was adopted on August 9, 1993,
				  and amended on September 27, 1993, April 8, 2008, and July 3, 2012.
(b) The General Land Office certifies as
				  consistent with state law Brazoria County's Dune Protection and Beach Access
				  Plan as amended by the Erosion Response Plan. The Erosion Response Plan was
				  adopted by the County Court on July 3, 2012 in Order No. VIII.B.3.f.
(c) The General Land Office certifies as
				  consistent with state law Brazoria County's Dune Protection and Beach Access
				  Plan as amended to provide for vehicular restrictions for pedestrian-only
				  traffic along sections of the San Luis Pass County Park Beach and on-beach
				  parking. The amendment was adopted by Brazoria County on April 23, 2013 in
				  Order No. VII.B.2.f.
(d) The
				  General Land Office certifies as consistent with state law Brazoria County's
				  Dune Protection and Beach Access Plan as amended to include traffic regulations
				  for the operation and parking of vehicles adjacent to the water's edge, updates
				  to the requirements for camping on the beach, revisions to the definition of
				  litter, an update to the beach access roads included in the County's Plan,
				  revisions to the paving requirements for eroding areas to reflect the current
				  standards in 31 Texas Administrative Code Chapter 15, and various
				  administrative changes. The amendments were adopted by Brazoria County on
				  August 11, 2022, in Order No. 6.C.1.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.23 - Certification Status of Chambers County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
Chambers County has submitted to the General Land Office a
					 dune protection and beach access plan which is certified as consistent with
					 state law. The county's plan was adopted on August 9, 1993.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.24 - Certification Status of City of Port Aransas Beach Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of
				  Port Aransas has submitted to the General Land Office a dune protection and
				  beach access plan which is certified as consistent with state law. The city's
				  plan was adopted on February 15, 1995.
(b) The General Land Office certifies as
				  consistent with state law the amendment to the City of Port Aransas plan that
				  was adopted by the City Council of the City of Port Aransas on February 17,
				  2005, Resolution No. 2005-06. The resolution amended the plan to increase the
				  beach user fees imposed for parking on the beach in fee areas designated in the
				  plan.
(c) The General Land Office
				  certifies as consistent with state law the amendment to the City of Port
				  Aransas plan that was adopted by the City Council of the City of Port Aransas
				  on August 16, 2012, Resolution No. 2012-07. The resolution amended the plan by
				  adding the City of Port Aransas Erosion Response Plan as Attachment 8 to the
				  plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.25 - Certification Status of City of Port Arthur Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
The City of Port Arthur has submitted to the General Land
					 Office a dune protection and beach access plan which is certified as consistent
					 with state law. The city's plan was adopted on April 12,
					 1993.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.26 - Certification Status of Jefferson County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
Jefferson County has submitted to the General Land Office a
					 dune protection and beach access plan which is certified as consistent with
					 state law. The county's plan was adopted on August 16, 1993 and amended on
					 March 7, 1994.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.27 - Certification Status of Matagorda County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Matagorda
				  County has submitted to the General Land Office a dune protection and beach
				  access plan which is certified as consistent with state law. The county's plan
				  was adopted on February 13, 1995. The General Land Office certifies that the
				  beach users fees section of the Matagorda County plan adopted by the Matagorda
				  County Commissioners Court on March 15, 1999, is consistent with state law. The
				  General Land Office certifies that the pedestrian beach at Matagorda Beach as
				  established by amendments to the county's plan adopted by the Matagorda County
				  Commissioners Court on October 20, 2003, is consistent with state law. The
				  General Land Office certifies that the beach user fees as established by
				  amendments to the county's plan adopted by the Matagorda County Commissioners
				  Court on February 8, 2010, is consistent with state law.
(b) The General Land Office certifies as
				  consistent with state law Matagorda County's Dune Protection and Beach Access
				  Plan as amended to incorporate the county's Erosion Response Plan. The Erosion
				  Response Plan was adopted by Matagorda County on January 28, 2013 by Commission
				  Order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.28 - Certification Status of Town of Quintana Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Town of
				  Quintana has submitted to the General Land Office a dune protection and beach
				  access plan which is certified as consistent with state law. The town's plan
				  was adopted on August 11, 1993 and amended on August 13, 2012.
(b) The General Land Office certifies as
				  consistent with state law the Town of Quintana's Dune Protection and Beach
				  Access Plan as amended to incorporate Brazoria County's Erosion Response Plan.
				  The Erosion Response Plan was adopted by the Town of Quintana on August 13,
				  2012 by Resolution 2012-05.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.29 - Certification Status of City of the Village of Jamaica Beach Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of the
				  Village of Jamaica Beach has submitted to the General Land Office a dune
				  protection and beach access plan which is certified as consistent with state
				  law. The City's plan was adopted on August 16, 1993 and amended December 6,
				  1993, September 17, 2007 and July 16, 2012.
(b) The General Land Office certifies as
				  consistent with state law the Erosion Response Plan for the City of the Village
				  of Jamaica Beach as an amendment to the City's Dune Protection and Beach Access
				  Plan. The Erosion Response Plan was adopted by the City Council on July 16,
				  2012.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.30 - Certification Status of City of South Padre Island Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of
				  South Padre Island has submitted to the General Land Office a dune protection
				  and beach access plan (plan) which is certified as consistent with state law.
				  The plan was adopted on October 5, 1994.
(b) The General Land Office certifies that
				  the amendment to the plan adopted by the Board of Aldermen on May 7, 2003, is
				  consistent with state law.
(c) The
				  General Land Office further certifies that the amendment to the plan adopted by
				  the Board of Aldermen as Ordinance No. 05-07 on May 4, 2005, is consistent with
				  state law.
(d) The General Land
				  Office certifies that the amendment to the plan adopted by the City Council as
				  Ordinance No. 12-09 on August 1, 2012, is consistent with state law. The
				  Ordinance amended the plan by adding the City of South Padre Island Erosion
				  Response Plan as an appendix to the plan.
(e) The General Land Office certifies that
				  the Beach User Fee and the Beach User Fee Plan adopted by the City Council in
				  Ordinance Number 15-06 on May 20, 2015 is consistent with state law. The Plan
				  adopts a Beach User Fee of up to $13.00 dollars a day and an annual fee of up
				  to $50.00.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.31 - Certification Status of City of Corpus Christi Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of
				  Corpus Christi has submitted to the General Land Office a dune protection and
				  beach access plan which is certified as consistent with state law. The city's
				  plan was adopted on August 10, 1993.
(b) The General Land Office certifies that
				  the amendments to the city's plan adopted by the City Council on April 15,
				  2003, which includes the beach user fee section that was conditionally
				  certified, are consistent with state law. Therefore, the General Land Office
				  certifies that the entire plan is consistent with state law.
(c) The General Land Office certifies as
				  consistent with state law the amendment to the City of Corpus Christi plan that
				  was adopted by the City Council on April 12, 2005, Ordinance No. 026208. The
				  ordinance amended the plan to revise the beach user fee plan incorporated as
				  Appendix XVII to provide an increase in the beach user fees imposed for parking
				  on the beach in fee areas designated in the plan.
(d) The General Land Office certifies as
				  consistent with state law the amendments to City's 1993 Plan that were adopted
				  by City Council on February 9, 2010, by Ordinance 028494. The ordinance amended
				  the 1993 Plan to authorize restrictions on vehicular traffic on the Gulf beach
				  seaward of portions of the Seawall, establishes a vehicle-free area when the
				  distance between the toe of the Seawall to the water is less than 150 feet in
				  width, allows two-way vehicular traffic on the Gulf beach between the northern
				  end of the seawall and Padre Balli Park, establishes a vehicle-free area
				  between the northern end of the Seawall and the Packery Channel jetty, commits
				  the City Council to undertake efforts to restore and maintain the beach in
				  front of the seawall to a minimum width of 200 feet, and adds an appendix to
				  the City's 1993 Plan to show the approximate location of bollards to be
				  installed on the beach.
(e) The
				  General Land Office certifies as consistent with state law the Joint Erosion
				  Response Plan for Nueces County and the City of Corpus Christi as an amendment
				  to City's plan. The Joint Erosion Response Plan for Nueces County and the City
				  of Corpus Christi was adopted by the City Council on June 26, 2012 by Ordinance
				  No. 029541.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.32 - Certification Status of Cameron County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Cameron County has submitted to the
				  General Land Office a dune protection and beach access plan which is certified
				  as consistent with state law. The county's plan was adopted on September 20,
				  1994.
(b) The General Land Office
				  certifies as consistent with state law the amendment to the Cameron County plan
				  that was adopted by the Cameron County Commissioners' Court on August 29, 2006,
				  Order No. 200608004. The order amended the plan to eliminate the 440-foot
				  building line and to increase the beach user fees imposed for access to County
				  beach parks and parking on the beach.
(c) The General Land Office certifies as
				  consistent with state law the amendment to the Cameron County plan that was
				  adopted by the Cameron County Commissioners' Court on August 26, 2010 to
				  increase the beach user fees imposed for access to County beach parks and
				  parking on the beach.
(d) The
				  General Land Office certifies Cameron County's Dune Protection and Beach Access
				  Plan, as amended, to provide for the closure of a beach and associated access
				  points during space flight activities as consistent with state law. The
				  amendment was adopted by Cameron County on August 15, 2013 in Order No.
				  201308020.
(e) The General Land
				  Office certifies as consistent with state law the Cameron County's Dune
				  Protection and Beach Access Plan, as amended to incorporate Cameron County's
				  Erosion Response Plan and other amendments. The amendments include an increase
				  in the Beach User Fee and the addition of an Erosion Response Plan as an
				  appendix to the Plan. The Erosion Response Plan and amendments were adopted by
				  the Cameron County Commissioners' Court in Order No. 2018O12017 on December 11,
				  2018.
(f) The General Land Office
				  certifies as consistent with state law the Cameron County's Dune Protection and
				  Beach Access Plan and Erosion Response Plan, as amended to include corrected
				  size limits for curbs. The amendments were adopted by the Cameron County
				  Commissioners' Court on June 21, 2022.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.33 - Certification Status of Nueces County Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Nueces County has submitted to the
				  General Land Office a dune protection and beach access plan which is certified
				  as consistent with state law. The county's plan was adopted on March 25, 1992
				  and amended on October 23, 1996.
(b) The General Land Office certifies that
				  the dune protection portion of the La Concha master plan adopted by the Nueces
				  County Commissioners Court on March 20, 1996 is consistent with state
				  law.
(c) The General Land Office
				  certifies that the dune protection portion of the Palms at Waters Edge master
				  plan adopted by the Nueces County Commissioners Court on December 27, 1996, is
				  consistent with state law.
(d) The
				  General Land Office certifies that the dune protection section of the Mustang
				  Island Episcopal Conference Center master plan adopted by the Nueces County
				  Commissioners Court on January 31, 2000 is consistent with state law.
(e) The General Land Office certifies as
				  consistent with state law the amendment to Nueces County plan that was adopted
				  by the Nueces County Commissioners Court on March 16, 2005, Order No. 20050032.
				  The order amended the plan to increase the beach user fees imposed for parking
				  on the beach in fee areas designated in the plan.
(f) The General Land Office certifies as
				  consistent with state law the amendments to the Nueces County plan that were
				  adopted by the Nueces County Commissioners Court on December 7, 2005.
(g) The General Land Office certifies as
				  consistent with state law the following variances from §
										15.6(f)(3)
				  of this title (relating to Concurrent Dune Protection and Beachfront
				  Construction Standards) in the County's plan as amended on December 7, 2005.
				  The plan establishes special erosion and flood protection requirements for dune
				  protection permits providing that a permittee shall:
(1) locate residential and commercial
				  structures permitted after May 2000 at least 350 feet landward of the
				  vegetation line unless no practicable development alternatives are possible;
				  and
(2) restrict development
				  permitted after May 2000 in the area between 350 feet and 200 feet landward of
				  the vegetation line to recreational amenities such as pools and picnic areas.
				  In any case, applicants must demonstrate that every attempt has been made to
				  minimize use of impervious surfaces in this zone.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.34 - Certification Status of Village of Surfside Beach Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Village of Surfside Beach has
											  submitted to the General Land Office a dune protection and beach access plan (Plan) which is certified as
											  consistent with state law. The Plan was adopted on December 12, 2000 and amended on June 29, 2012.
(b) The General Land Office certifies as consistent with state law the
											  Village of Surfside Beach Plan as amended by the Brazoria County Erosion Response Plan. The Erosion Response
											  Plan was adopted by the Village of Surfside Beach on June 29, 2012 by Resolution 06292012A.
(c) The General Land Office certifies as consistent with state law the
											  Village of Surfside Beach Plan as amended on December 9, 2014 by Ordinance No. 201414 to increase the Beach
											  User Fee for an annual permit from $8.00 to $12.00.
(d) The
											  General Land Office certifies as consistent with state law the Village of Surfside Beach and Dune Plans as
											  amended on September 29, 2015 by Ordinance No. 2015.9.28. The Plan amendments adopted include:
(1) A variance from §
											15.5(b)(3)
											  of this title (relating to Beachfront Construction Standards) and §
											15.6(f)(3)
											  of this title (relating to Eroding Area Standards) which allows the use of fibercrete in four-foot by
											  four-foot sections, four inches thick, separated by expansion joints to construct a driveway, provided that
											  it is located more than one hundred (100) feet landward from the line of vegetation and is no greater than
											  twenty (20) feet wide and does not exceed ten (10) percent of the lot square footage.
(2) An annual Beach User Fee for parking along the beach-facing side of
											  Beach Drive.
(3) A restriction of 810 linear feet of vehicular
											  access from Thunder Road to Jettyview Park with the provision of a minimum of 54 dedicated alternative
											  parking spaces at Jettyview Park.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.35 - Certification Status of Galveston County's Beach Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Galveston
				  County (County) has submitted to the General Land Office a dune protection and
				  beach access plan, which was adopted on August 16, 1993, and amended on October
				  25, 2004, January 18, 2006 and August 7, 2012. The County's plan is certified
				  as consistent with state law.
(b)
				  The General Land Office certifies as consistent with state law the following
				  variances from §15.4(c)(10) of the this title (relating to Dune Protection
				  Standards) in the County's plan. The plan prohibits the construction of
				  cisterns, septic tanks, and septic fields seaward of any structure serviced by
				  the cisterns, septic tanks, and septic fields, except that:
(1) cisterns, septic tanks, and septic fields
				  that are in existence prior to the effective date of the County's plan may be
				  repaired or replaced;
(2) cisterns,
				  septic tanks, and septic fields that are located in subdivisions platted before
				  the effective date of the County's plan and permitted before the effective date
				  of the County's plan may be constructed, repaired, or replaced; and
(3) cisterns, septic tanks, and septic fields
				  that are located in subdivisions platted before the effective date of the
				  County's plan may be constructed, repaired, or replaced in a location seaward
				  of the structure they are to serve provided that the applicant shows that it is
				  not practicable to locate the cisterns, septic tanks, and septic fields
				  landward of the structure they are to serve.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.36 - Certification Status of City of Galveston Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of
				  Galveston (City) has submitted to the General Land Office a dune protection and
				  beach access plan (Beach and Dune Plan) which was adopted on August 12, 1993
				  and amended on February 9, 1995, June 19, 1997, February 14, 2002, March 13,
				  2003, January 29, 2004, February 26, 2004, and April 12, 2012. The City's plan
				  is fully certified as consistent with state law.
(b) The General Land Office certifies as
				  consistent with state law the City's Erosion Response Plan as an amendment to
				  the Dune Protection and Beach Access Plan.
(c) The General Land Office certifies as
				  consistent with state law the City's Beach and Dune Plan as amended on January
				  15, 2016 by Ordinance 16-003 to increase the daily beach user fee to a maximum
				  of $15.00 and season passes to a maximum of $50 at Stewart Beach, R.A. Apffel
				  Park, Dellanera Park, and Pocket Parks #1-3.
(d) The General Land Office conditionally
				  certifies as consistent with state law amendments to the City of Galveston's
				  Dune Protection and Beach Access Plan as amended on January 24, 2019 by
				  Ordinance No. 19-012. The amendments include an increase in the Beach User Fee
				  on the Seawall, the adoption of updated maps in Exhibit B, and a variance for
				  certain in-ground pools. The amendments were adopted by City Council in
				  Ordinance No. 19-012 on January 24, 2019, which incorporated previously adopted
				  Ordinance No. 18-005.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter A - MANAGEMENT OF THE BEACH DUNE SYSTEM › Section 15.37 - Certification Status of City of Freeport Dune Protection and Beach Access Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The City of
				  Freeport has submitted to the General Land Office a dune protection and beach
				  access plan which is certified as consistent with state law. The county's plan
				  was adopted by the City of Freeport's City Council Members by ordinance
				  2010-2263 on October 4, 2010 and amended on October 15, 2012.
(b) The General Land Office certifies as
				  consistent with state law the City of Freeport's Dune Protection and Beach
				  Access Plan as amended to incorporate Brazoria County's Erosion Response Plan.
				  The Erosion Response Plan was adopted by the City of Freeport on October 15,
				  2012 by Ordinance No. 2012-2027.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter B - COASTAL EROSION PLANNING AND RESPONSE › Section 15.41 - Evaluation Process for Coastal Erosion Studies and Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The General Land Office (GLO) will
				  conduct an evaluation of potential coastal erosion studies and projects to
				  designate funding for qualifying projects from the coastal erosion response
				  account (Account). The evaluation process will consist of a review by the GLO
				  of Coastal Resources Funding Application (Applications) to identify priority
				  projects for funding. Throughout the evaluation process, the goal of the GLO is
				  to work cooperatively with qualified project partners to identify and select
				  preferred erosion response solutions to address erosion problems identified in
				  the Applications.
(1) For purposes of this
				  section, erosion is presumed if:
(A) a
				  portion of the Gulf of Mexico (Gulf) shoreline is experiencing a historical
				  erosion rate of greater than two feet per year based on the published data of
				  the University of Texas at Austin Bureau of Economic Geology;
(B) a portion of the bay area is experiencing
				  documented erosion;
(C) a portion
				  of the gulf shoreline or bay area has been the subject of an erosion response
				  project and it has been determined that maintenance is required; or
(D) a portion of the gulf shoreline or bay
				  area has been impacted by a storm event and remediation is required to
				  reestablish the preexisting conditions of the site.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter B - COASTAL EROSION PLANNING AND RESPONSE › Section 15.42 - Funding Projects From the Coastal Erosion Response Account

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of funding priority projects
				  under the coastal erosion response account (Account), a project cooperation
				  agreement must be executed between the General Land Office (GLO) and a
				  qualified project partner. A potential project partner becomes a qualified
				  project partner by entering into a project cooperation agreement with the GLO.
				  The GLO must explicitly describe in the project cooperation agreement the terms
				  and conditions under which the GLO will provide funds from the Account for the
				  project.
(b) The project
				  cooperation agreement must provide for management of the project by either the
				  GLO or by the qualified project partner. The GLO, in its sole discretion, may
				  determine whether:
(1) the project will be
				  managed by the GLO, with payment to the GLO by the qualified project partner of
				  the required percentage of the shared project cost; or
(2) the project will be managed by the
				  qualified project partner with reimbursement from the Account to the qualified
				  project partner for project expenses for work completed in the amount provided
				  in the project cooperation agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 15 - COASTAL AREA PLANNING › Subchapter B - COASTAL EROSION PLANNING AND RESPONSE › Section 15.43 - Coastal Boundary Surveys and Landowner Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may undertake an action
				  relating to erosion response on or immediately landward of a public beach or
				  submerged land until the person has conducted and filed a coastal boundary
				  survey with the Land Office in accordance with Texas Natural Resources Code,
				  §
										33.136.
(1) If a coastal boundary survey for the area
				  of an erosion response project that may be funded from the coastal erosion
				  response account has previously been approved and filed with the Records and
				  Archives Division of the Land Office, upon the request of the qualified project
				  partner the Land Office shall determine whether that survey adequately reflects
				  current conditions. If the survey adequately reflects current conditions, the
				  Land Office may determine that a new coastal boundary survey is not required
				  before the project is constructed. The decision of whether a new survey is
				  required before construction of an erosion response project is in the sole
				  discretion of the Land Office.
(2)
				  The boundary depicted on any coastal boundary survey that is required before
				  funding a project from the coastal erosion response account shall be delineated
				  according to the law under which the upland property was originally granted by
				  the sovereign.