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 15.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Affect--As
				  used in this subchapter regarding dunes, dune vegetation, and the public beach,
				  "affect" means to produce an effect upon dunes, dune vegetation, or public
				  beach use and access.
(2)
				  Amenities--Any non habitable major structure including, but not limited to,
				  swimming pools, decks, bathhouses, detached garages, cabanas, pipelines, piers,
				  canals, lakes, ditches, artificial runoff channels and other water retention
				  structures, sidewalks, roads, streets, highways, parking areas and other paved
				  areas (exceeding 144 square feet in area), underground storage tanks, and
				  similar structures.
(3)
				  Applicant--Any person applying to a local government for a permit and/or
				  certificate for any construction or development plan.
(4) Backdunes--The dunes located landward of
				  the foredune ridge which are usually well vegetated but may also be unvegetated
				  and migratory. These dunes supply sediment to the beach after the foredunes and
				  the foredune ridge have been destroyed by natural or human
				  activities.
(5) Beach access--The
				  right to use and enjoy the public beach, including the right of free and
				  unrestricted ingress and egress to and from the public beach.
(6) Beach/Dune Rules--31 TAC §§
										15.1-
				  15.36, 31 TAC Ch. 25, 31 TAC
				  §
										26.26 and 31 TAC §
										29.60.
(7) Beach/dune system--The land from the line
				  of mean low tide of the Gulf of Mexico to the landward limit of dune
				  formation.
(8) Beach
				  maintenance--The cleaning or removal of debris from the beach or redistribution
				  of seaweed on the beachfront by handpicking, raking, or mechanical
				  means.
(9) Beach profile--The shape
				  and elevation of the beach as determined by surveying a cross section of the
				  beach.
(10) Beach-related
				  services--Reasonable and necessary services and facilities directly related to
				  the public beach which are provided to the public to ensure safe use of and
				  access to and from the public beach, such as vehicular controls, management,
				  and parking (including acquisition and maintenance of off-beach parking and
				  access ways); sanitation and litter control; lifeguarding and lifesaving; beach
				  maintenance; law enforcement; beach nourishment projects; beach/dune system
				  education; beach/dune protection and restoration projects; providing public
				  facilities such as restrooms, showers, lockers, equipment rentals, and picnic
				  areas; recreational and refreshment facilities; liability insurance; and staff
				  and personnel necessary to provide beach-related services. Beach-related
				  services and facilities shall serve only those areas on or immediately adjacent
				  to the public beach.
(11) Beach
				  user fee--A fee collected by a local government in order to establish and
				  maintain beach-related services and facilities for the preservation and
				  enhancement of access to and from and safe and healthy use of public beaches by
				  the public.
(12) Beachfront
				  construction certificate or certificate--The document issued by a local
				  government that certifies that the proposed construction either is consistent
				  with the local government's dune protection and beach access plan.
(13) Blowout--A breach in the dunes caused by
				  wind erosion.
(14) Breach--A break
				  or gap in the continuity of a dune caused by wind or water.
(15) Bulkhead--A structure or partition built
				  to retain or prevent the sliding of land. A secondary purpose is to protect the
				  upland against damage from wave action.
(16) Coastal and shore protection project--A
				  project designed to slow shoreline erosion or enhance shoreline stabilization,
				  including, but not limited to, erosion response structures, beach nourishment,
				  sediment bypassing, construction of man-made vegetated mounds, and dune
				  revegetation.
(17) Coastal public
				  land--Has the meaning assigned by Texas Natural Resource Code,
				  §33.004.
(18) Commercial
				  facility--Any structure used for providing, distributing, and selling goods or
				  services in commerce including, but not limited to, hotels, restaurants, bars,
				  rental operations, and rental properties.
(19) Construction--Causing or carrying out
				  any building, bulkheading, filling, clearing, excavation, or substantial
				  improvement to or alteration of land or the size of any structure, or removal
				  or demolition of a structure. "Building" includes, but is not limited to, all
				  related site work and placement of construction materials on the site.
				  "Filling" includes, but is not limited to, disposal of dredged materials.
				  "Excavation" includes, but is not limited to, removal or alteration of dunes
				  and dune vegetation and scraping, grading, or dredging a site. "Substantial
				  improvements to or alteration of land or the size of any structure" include,
				  but are not limited to, creation of vehicular or pedestrian trails, landscape
				  work and fencing (that may adversely affect public access, dunes or dune
				  vegetation), and increasing the size of any structure.
(20) Coppice mounds--The initial stages of
				  dune growth formed as sand accumulates on the downwind side of plants and other
				  obstructions on or immediately adjacent to the beach seaward of the foredunes.
				  Coppice mounds may be unvegetated.
(21) Critical dune areas--Those portions of
				  the beach/dune system as designated by the General Land Office that are located
				  within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes
				  and dune complexes that are essential to the protection of public beaches,
				  submerged land, and state-owned land, such as public roads and coastal public
				  lands, from nuisance, erosion, storm surge, and high wind and waves. Critical
				  dune areas include, but are not limited to, the dunes that store sand in the
				  beach/dune system to replenish eroding public beaches.
(22) Cumulative impact--The effect on beach
				  use and access, on a critical dune area, or an area seaward of the dune
				  protection line which results from the incremental effect of an action when
				  added to other past, present, and reasonably foreseeable future actions
				  regardless of what agency or person undertakes such other actions. Cumulative
				  effects can result from individually minor but collectively significant actions
				  taking place over a period of time.
(23) Dedication--Includes, but is not limited
				  to, a restrictive covenant, permanent easement, and fee simple
				  donation.
(24) Dune--An emergent
				  mound, hill, or ridge of sand, either bare or vegetated, located on land
				  bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the
				  windward transport of sediment, but can also be created via man-made vegetated
				  mounds. Natural dunes are usually found adjacent to the uppermost limit of wave
				  action and are usually marked by an abrupt change in slope landward of the dry
				  beach. The term includes coppice mounds, foredunes, dunes comprising the
				  foredune ridge, backdunes, and man-made vegetated mounds.
(25) Dune complex or dune area--Any emergent
				  area adjacent to the waters of the Gulf of Mexico in which several types of
				  dunes are found or in which dunes have been established by proper management of
				  the area. In some portions of the Texas coast, dune complexes contain
				  depressions known as swales.
(26)
				  Dune Protection Act--Texas Natural Resources Code, §§
										63.001, et
				  seq.
(27) Dune protection and beach
				  access plan or plan--A local government's legally enforceable program,
				  policies, and procedures for protecting dunes and dune vegetation and for
				  preserving and enhancing use of and access to and from public beaches, and for
				  reducing public expenditures for erosion and storm damage losses, as required
				  by Texas Natural Resources Code Chapters 61 and 63 and Texas Natural Resources
				  Code §
										33.607.
(28) Dune protection line--A line established
				  by a county commissioners court or the governing body of a municipality for the
				  purpose of preserving, at a minimum, all critical dune areas identified by the
				  General Land Office pursuant to the Dune Protection Act, §
										63.011, and §
										15.3(f) of this
				  title (relating to Administration). A municipality is not authorized to
				  establish a dune protection line unless the authority to do so has been
				  delegated to the municipality by the county in which the municipality is
				  located. Such lines will be located no farther than 1,000 feet landward of the
				  mean high tide of the Gulf of Mexico.
(29) Dune protection permit or permit--The
				  document issued by a local government to authorize construction or other
				  regulated activities in a specified location seaward of a dune protection line
				  or within a critical dune area, as provided in the Texas Natural Resources
				  Code, §
										63.051.
(30) Dune vegetation--Flora indigenous to
				  natural dune complexes, and growing on naturally-formed dunes or man-made
				  vegetated mounds on the Texas coast and can include coastal grasses and
				  herbaceous and woody plants.
(31)
				  Effect or effects--"Effects" include: direct effects--those impacts on public
				  beach use and access, on critical dune areas, or on dunes and dune vegetation
				  seaward of a dune protection line which are caused by an action and occur at
				  the same time and place; and indirect effects--those impacts on beach use and
				  access, on critical dune areas, or on dunes and dune vegetation seaward of a
				  dune protection line which are caused by an action and are later in time or
				  farther removed in distance than a direct effect, but are still reasonably
				  foreseeable. Indirect effects may include growth inducing effects and other
				  effects related to induced changes in the pattern of land use, population
				  density, or growth rate, and related effects on air and water and other natural
				  systems, including ecosystems. "Effects" and "impacts" as used in this
				  subchapter are synonymous. "Effects" may be ecological (such as the effects on
				  natural resources and on the components, structures, and functioning of
				  affected ecosystems), aesthetic, historic, cultural, economic, social, or
				  health, whether direct, indirect, or cumulative.
(32) Eroding area--A portion of the shoreline
				  which is experiencing an historical erosion rate of greater than two feet per
				  year based on published data of the University of Texas at Austin, Bureau of
				  Economic Geology. Local governments may establish an "eroding area boundary" in
				  beach/dune plans; this boundary shall be whichever distance landward of the
				  line of vegetation is greater: 200 feet, or the distance determined by
				  multiplying 50 years by the annual historical erosion rate (based on the most
				  recent data published by the University of Texas at Austin, Bureau of Economic
				  Geology).
(33) Erosion--The wearing
				  away of land or the removal of beach and/or dune sediments by wave action,
				  tidal currents, wave currents, drainage, or wind. Erosion includes, but is not
				  limited to, horizontal recession and scour and can be induced or aggravated by
				  human activities.
(34) Erosion
				  response structure--A hard or rigid structure built for shoreline stabilization
				  which includes, but is not limited to, a jetty, groin, breakwater, bulkhead,
				  seawall, riprap, rubble mound, revetment, or the foundation of a structure
				  which is the functional equivalent of these specified structures.
(35) FEMA--The United States Federal
				  Emergency Management Agency. This agency administers the National Flood
				  Insurance Program and publishes the official flood insurance rate
				  maps.
(36) Fibercrete--Unreinforced
				  concrete, consisting of a combination of pulped paper, or other cellulose-based
				  raw material, and binders such as lime, cement, and/or clay.
(37) Foredune ridge--The high continuous line
				  of dunes which are usually well vegetated and rise sharply landward of the
				  foredune area but may also rise directly from a flat, wave-cut beach
				  immediately after a storm.
(38)
				  Foredunes--The first clearly distinguishable, usually vegetated, stabilized
				  large dunes encountered landward of the Gulf of Mexico. On some portions of the
				  Texas Gulf Coast, foredunes may also be large, unvegetated, and unstabilized.
				  Although they may be large and continuous, foredunes are typically hummocky and
				  discontinuous and may be interrupted by breaches and washover areas. Foredunes
				  offer the first significant means of dissipating storm-generated wave and
				  current energy issuing from the Gulf of Mexico. Because various heights and
				  configurations of dunes may perform this function, no standardized physical
				  description applies. Foredunes are distinguishable from surrounding dune types
				  by their relative location and physical appearance.
(39) Habitable structure footprint--The area
				  of a lot covered by a structure used or usable for habitation. The habitable
				  structure footprint does not include uncovered stairs and decks, incidental
				  projecting eaves, balconies, ground-level paving, landscaping, open
				  recreational facilities (for example, pools and tennis courts), or other
				  similar features.
(40) Habitable
				  structures--Structures suitable for human habitation including, but not limited
				  to, single or multi-family residences, hotels, condominium buildings, and
				  commercial facilities. Each building of a condominium regime is considered a
				  separate habitable structure, but if a building is divided into apartments,
				  then the entire building, not the individual apartments, is considered a single
				  habitable structure. Additionally, a habitable structure includes porches or
				  gazebos, and other attached improvements.
(41) Industrial facilities--Include, but are
				  not limited to, those establishments listed in Part 1, Division D, Major Groups
				  20 - 39 and Part 1, Division E, Major Group 49 of the Standard Industrial
				  Classification Manual as adopted by the Executive Office of the President,
				  Office of Management and Budget (1987 ed.). However, for the purposes of this
				  subchapter, the establishments listed in Part 1, Division D, Major Group 20,
				  Industry Group Number 209, Industry Numbers 2091 and 2092 are not considered
				  "industrial facilities." These establishments are listed in "Appendix I"
				  attached to this section.
(42)
				  Large-scale construction--Construction activity greater than 5,000 square feet
				  or habitable structures greater than two stories in height. Both the area
				  beneath the lowest habitable level of an elevated structure and a cupola (i.e.
				  "widow's walk") with an area of 400 square feet or less on the top of the
				  second habitable story are not considered stories for the purpose of this
				  section. Multiple-family habitable structures are typical of this type of
				  construction.
(43) Line of
				  vegetation--The extreme seaward boundary of natural vegetation which spreads
				  continuously inland. The line of vegetation is typically used to determine the
				  landward extent of the public beach.
(44) Local government--A municipality,
				  county, any special purpose district, any unit of government, or any other
				  political subdivision of the state.
(45) Man-made vegetated mound--A mound, hill,
				  or ridge of sand created by the deliberate placement of sand or sand trapping
				  devices including sand fences, trees, or brush and planted with dune
				  vegetation.
(46) Master plan--A
				  plan developed by the applicant in consultation with the General Land Office,
				  the applicant or applicants, and the local government, for the development of
				  an area subject to the beach/dune rules, as identified in §
										15.3 of this title (relating to
				  Administration). The master plan shall fully describe in narrative form the
				  proposed development and all proposed land and water uses, and shall include
				  maps, drawings, and tables, and other information, as needed. The master plan
				  must, at a minimum, fully describe the general geology and geography of the
				  site, land and water use intensities, size and location of all buildings,
				  structures, and improvements, all vehicular and pedestrian access ways, and
				  parking or storage facilities, location and design of utility systems, location
				  and design of any erosion response structures, retaining walls, or stormwater
				  treatment management systems, and the schedule for all construction activities
				  described in the master plan. The master plan shall comply with the Open
				  Beaches Act and the Dune Protection Act. The master plan shall provide for
				  overall compliance with the beach/dune rules, but may vary from the specific
				  standards, means and methods provided in the beach/dune rules if the degree of
				  dune protection and the public's right to safe and healthy use of and access to
				  and from the public beach are preserved. If all impacts to dunes, dune
				  vegetation and public beach use and access are accurately identified, local
				  governments shall not require permits or certificates for construction on the
				  individual lots within the master plan area. Master plans are intended to
				  provide a comprehensive option for planning along the Texas coast.
(47) Material changes--Changes in project
				  design, construction materials, or construction methods or in the condition of
				  the construction site which occur after an application is submitted to a local
				  government or after the local government issues a permit or certificate.
				  Material changes are those additional or unanticipated changes which may have
				  caused or may cause adverse effects on dunes, dune vegetation, or beach access
				  and use, or exacerbation of erosion on or adjacent to the construction
				  site.
(48) Meteorological
				  Event--Atmospheric conditions or phenomena resulting in avulsion, erosion,
				  accretion, or other impacts to the shoreline that alter the location of the
				  line of vegetation.
(49) Mitigation
				  sequence--The series of steps which must be taken if dunes and dune vegetation
				  will be adversely affected. First, such adverse effects shall be avoided.
				  Second, adverse effects shall be minimized. Third, the dunes and dune
				  vegetation adversely affected shall be repaired, restored, or replaced. Fourth,
				  the dunes and dune vegetation adversely affected shall be replaced or
				  substituted to compensate for the adverse effects.
(50) National Flood Insurance Act--
				  42 United States Code,
				  §§
											4001, et seq.
(51) Natural resources--Land, fish, wildlife,
				  insects, biota, air, surface water, groundwater, plants, trees, habitat of
				  flora and fauna, and other such resources.
(52) Off-highway vehicle--Has the meaning
				  assigned by §
										551A.001,
				  Transportation Code.
(53) Open
				  Beaches Act--Texas Natural Resources Code, §§
										61.001, et
				  seq.
(54) Owner or operator--Any
				  person owning, operating, or responsible for operating commercial or industrial
				  facilities.
(55) Permit or
				  certificate condition--A requirement or restriction in a permit or certificate
				  necessary to assure protection of life, natural resources, property, and
				  adequate beach use and access rights which a permittee must satisfy in order to
				  be in compliance with the permit or certificate.
(56) Permittee--Any person authorized to act
				  under a permit or a certificate issued by a local government.
(57) Person--An individual, firm,
				  corporation, association, partnership, consortium, joint venture, commercial
				  entity, United States Government, state, municipality, commission, political
				  subdivision, or any international or interstate body or any other governmental
				  entity.
(58) Pipeline--A tube or
				  system of tubes used for the transportation of oil, gas, chemicals, fuels,
				  water, sewerage, or other liquid, semi-liquid, or gaseous substances.
(59) Practicable--In determining what is
				  practicable, local governments shall consider the effectiveness, scientific
				  feasibility, and commercial availability of the technology or technique. Local
				  governments shall also consider the cost of the technology or
				  technique.
(60) Production and
				  gathering facilities--The equipment used to recover and move oil or gas from a
				  well to a main pipeline, or other point of delivery such as a tank battery, and
				  to place such oil or gas into marketable condition. Included are pipelines used
				  as gathering lines, pumps, tanks, separators, compressors, and associated
				  equipment and roads.
(61) Project
				  area--The portion of a site or sites which will be affected by proposed
				  construction.
(62) Public beach--As
				  used in this subchapter, "public beach" is defined in the Texas Natural
				  Resources Code, §
										61.013(c).
(63) Recreational activity--Includes, but is
				  not limited to, hiking, sunbathing, and camping. As used in §
										15.3(s)(2)(C) of
				  this title (relating to Administration), recreational activities are limited to
				  the private activities of the person owning the land and the social guests of
				  the owner. Operation of recreational vehicles is not considered a recreational
				  activity, whether private or public.
(64) Recreational vehicle--A dune buggy,
				  marsh buggy, minibike, trail bike, jeep, off-highway vehicle as defined by
				  §
										551A.001,
				  Transportation Code, or any other mechanized vehicle used for recreational
				  purposes, but does not include a vehicle that is not being used for
				  recreational purposes.
(65)
				  Restoration--Repair or replacement of dunes or dune vegetation, or restoring a
				  site to compliance with applicable requirements, including removal or abatement
				  of unauthorized construction or structures, as those terms defined in this
				  section.
(66) Retaining wall--A
				  structure designed to contain or which primarily contains material or prevents
				  the sliding of land. Retaining walls may collapse under the forces of normal
				  wave activity.
(67) Sand
				  budget--The amount of all sources of sediment, sediment traps, and transport of
				  sediment within a defined area. From the sand budget, it is possible to
				  determine whether sediment gains and losses are in balance.
(68) Seawall--An erosion response structure
				  specifically designed to or which will withstand wave forces.
(69) Seaward of a dune protection line--The
				  area between a dune protection line and the line of mean high tide.
(70) Small-scale construction--Construction
				  activity less than or equal to 5,000 square feet or habitable structures less
				  than or equal to two stories in height. Both the area beneath the lowest
				  habitable level of an elevated structure and a cupola (i.e. "widow's walk")
				  with an area of 400 square feet or less on the top of the second habitable
				  story are not considered stories for the purpose of this section. Single-family
				  habitable structures are typical of this type of construction.
(71) Structure--Includes, without limitation,
				  any building or combination of related components constructed in an ordered
				  scheme that constitutes a work or improvement constructed on or affixed to
				  land.
(72) Swales--Low areas within
				  a dune complex located in some portions of the Texas coast which function as
				  natural rainwater collection areas and are an integral part of the dune
				  complex.
(73) Unique flora and
				  fauna--Endangered or threatened plant or animal species listed pursuant to 16
				  United States Code Annotated, §1531 et seq., the Endangered Species Act of
				  1973, and/or the Parks and Wildlife Code, Chapter 68, or any plant or animal
				  species that a local government has determined in their local beach/dune plan
				  are rare or uncommon.
(74) Washover
				  areas--Low areas that are adjacent to beaches and are inundated by waves and
				  storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal
				  channels or where foredunes are poorly developed or breached by storm tides and
				  wind erosion.