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 26.26 - Policies for Construction in the Beach/Dune System

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction in
				  critical dune areas or areas adjacent to or on Gulf beaches shall comply with
				  the following policies:
(1) Construction
				  within a critical dune area that results in the material weakening of dunes and
				  material damage to dune vegetation shall be prohibited.
(2) Construction within critical dune areas
				  that does not materially weaken dunes or materially damage dune vegetation
				  shall be sited, designed, constructed, maintained, and operated so that adverse
				  "effects" (as defined in §
											15.2 of
				  this title (relating to Coastal Area Planning) on the sediment budget and
				  critical dune areas are avoided to the greatest extent practicable. For
				  purposes of this section, practicability shall be determined by considering the
				  effectiveness, scientific feasibility, and commercial availability of the
				  technology or technique. Cost of the technology or technique shall also be
				  considered. Adverse effects (as defined in Chapter 15 of this title (relating
				  to Coastal Area Planning) that cannot be avoided shall be:
(A) minimized by limiting the degree or
				  magnitude of the activity and its implementation;
(B) rectified by repairing, rehabilitating,
				  or restoring the adversely affected dunes and dune vegetation; and
(C) compensated for on-site or off-site by
				  replacing the resources lost or damaged seaward of the dune protection
				  line.
(3) Mitigation and
				  compensation for adverse effects that cannot be avoided or minimized shall
				  provide at least a one-to-one replacement of the dune volume and vegetative
				  cover, and preference shall be given to stabilization of blowouts and breaches
				  and on-site compensation.
(4) The
				  ability of the public, individually and collectively, to exercise its rights of
				  use of and access to and from public beaches shall be preserved and
				  enhanced.
(5) Non-structural
				  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. Subdivisions shall not authorize the
				  construction of a new erosion response structure within the beach/dune system,
				  except as provided by subsection (b) of this section or a retaining wall
				  located more than 200 feet landward of the line of vegetation. Subdivisions
				  shall not authorize the enlargement, improvement, repair or maintenance of
				  existing erosion response structures on the public beach. Subdivisions shall
				  not authorize the repair or maintenance of existing erosion response structures
				  within 200 feet landward of the line of vegetation except as provided in §
											15.6(d)
				  of this title (relating to Concurrent Dune Protection and Beachfront
				  Construction Standards).