Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.24 - Policies for Construction of Waterfront Facilities and Other Structures on Submerged Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) Development on
				  submerged lands shall comply with the policies in this section.
(1) Marinas shall be designed and, to the
				  greatest extent practicable, sited so that tides and currents will aid in
				  flushing of the site or renew its water regularly.
(2) Marinas designed for anchorage of private
				  vessels shall provide facilities for the collection of waste, refuse, trash,
				  and debris.
(3) Marinas with the
				  capacity for long-term anchorage of more than ten vessels shall provide
				  pump-out facilities for marine toilets, or other such measures or facilities
				  that provide an equal or better level of water quality protection.
(4) Marinas, docks, piers, wharves and other
				  structures shall be designed and, to the greatest extent practicable, sited to
				  avoid and otherwise minimize adverse effects on critical areas from boat
				  traffic to and from those structures.
(5) Construction of docks, piers, wharves,
				  and other structures shall be preferred instead of authorizing dredging of
				  channels or basins or filling of submerged lands to provide access to coastal
				  waters if such construction is practicable, environmentally preferable, and
				  will not interfere with commercial navigation.
(6) Piers, docks, wharves, bulkheads,
				  jetties, groins, fishing cabins, and artificial reefs (including artificial
				  reefs for compensatory mitigation) shall be limited to the minimum necessary to
				  serve the project purpose and shall be constructed in a manner that:
(A) does not significantly interfere with
				  public navigation;
(B) does not
				  significantly interfere with the natural coastal processes which supply
				  sediments to shore areas or otherwise exacerbate erosion of shore areas;
				  and
(C) avoids and otherwise
				  minimizes shading of critical areas and other adverse effects.
(7) Facilities shall be located at
				  sites or designed and constructed to the greatest extent practicable to avoid
				  and otherwise minimize the potential for adverse effects from:
(A) construction and maintenance of other
				  development associated with the facility;
(B) direct release to coastal waters and
				  critical areas of pollutants from oil or hazardous substance spills or
				  stormwater runoff; and
(C)
				  deposition of airborne pollutants in coastal waters and critical
				  areas.
(8) Where
				  practicable, pipelines, transmission lines, cables, roads, causeways, and
				  bridges shall be located in existing rights-of-way or previously disturbed
				  areas if necessary to avoid or minimize adverse effects and if it does not
				  result in unreasonable risks to human health, safety, and welfare.
(9) To the greatest extent practicable,
				  construction of facilities shall occur at sites and times selected to have the
				  least adverse effects on recreational uses of CNRAs and on spawning or nesting
				  seasons or seasonal migrations of terrestrial and aquatic wildlife.
(10) Facilities shall be located at sites
				  which avoid the impoundment and draining of coastal wetlands. If impoundment or
				  draining cannot be avoided, adverse effects to the impounded or drained
				  wetlands shall be mitigated in accordance with the sequencing requirements of
				  §26.23 of this title (relating to Policies for Development in Critical
				  Areas). To the greatest extent practicable, facilities shall be located at
				  sites at which expansion will not result in development in critical
				  areas.
(11) Where practicable,
				  piers, docks, wharves, bulkheads, jetties, groins, fishing cabins, and
				  artificial reefs shall be constructed with materials that will not cause any
				  adverse effects on coastal waters or critical areas.
(12) Developed sites shall be returned as
				  closely as practicable to pre-project conditions upon completion or cessation
				  of operations by the removal of facilities and restoration of any significantly
				  degraded areas, unless:
(A) the facilities can
				  be used for public purposes or contribute to the maintenance or enhancement of
				  coastal water quality, critical areas, beaches, submerged lands, or shore
				  areas; or
(B) restoration
				  activities would further degrade CNRAs.
(13) Water-dependent uses and facilities
				  shall receive preference over those uses and facilities that are not
				  water-dependent.
(14) Nonstructural
				  erosion response methods such as beach nourishment, sediment bypassing,
				  nearshore sediment berms, and planting of vegetation shall be preferred instead
				  of structural erosion response methods.
(15) Major residential and recreational
				  waterfront facilities shall to the greatest extent practicable accommodate
				  public access to coastal waters and preserve the public's ability to enjoy the
				  natural aesthetic values of coastal submerged lands.
(16) Activities on submerged land shall avoid
				  and otherwise minimize any significant interference with the public's use of
				  and access to such lands.
(17)
				  Erosion of Gulf beaches and coastal shore areas caused by construction or
				  modification of jetties, breakwaters, groins, or shore stabilization projects
				  shall be mitigated to the extent the costs of mitigation are reasonably
				  proportionate to the benefits of mitigation. Factors that shall be considered
				  in determining whether the costs of mitigation are reasonably proportionate to
				  the cost of the construction or modification and benefits include, but are not
				  limited to, environmental benefits, recreational benefits, flood or storm
				  protection benefits, erosion prevention benefits, and economic development
				  benefits.