HomeMy WebLinkAbout022164 ORD - 02/28/1995CITY OF CORPUS CHRISTI, TEXAS
DUNE PROTECTION AND BEACH ACCESS REGULATIONS
FEBRUARY 21, 1995
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MIC2UULMEII
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
BY AMENDING CHAPTER 10, BEACHFRONT MANAGEMENT AND
CONSTRUCTION BY AMENDING PROVISIONS REGULATING THE
ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, AND
REPAIR OF BUILDINGS AND STRUCTURES WITHIN THE
BEACHFRONT CONSTRUCTION AND DUNE PROTECTION AREAS;
REGULATING THE ALTERATION OF DUNES; PROVIDING FOR
ISSUANCE OF DUNE PROTECTION PERMITS AND BEACHFRONT
CONSTRUCTION CERTIFICATES AND FOR THE APPROVAL OF SUCH
PERMITS AND CERTIFICATES; PROVIDING FOR THE APPROVAL OF
MASTER PLANNED DEVELOPMENTS WITHIN THE DUNE
PROTECTION AND BEACHFRONT CONSTRUCTION AREAS;
REGULATING TRAFFIC; ESTABLISHING PUBLIC ACCESS TO THE
PUBLIC BEACHES; REGULATING USE OF THE PUBLIC BEACH AREA;
ADOPTING MAPS SHOWING THE ACTUAL LOCATION AND
BOUNDARIES OF THE DUNE PROTECTION AND BEACHFRONT
CONSTRUCTION AREAS; PROVIDING FOR CERTAIN EXCEPTIONS,
FOR ENFORCEMENT, FOR PENALTIES FOR VIOLATION OF ANY OF
THE PROVISIONS OF THE ORDINANCE, FOR FUTURE CHANGES AND
AMENDMENTS TO THE ORDINANCE, AND DEFINING THE VARIOUS
TERMS AND WORDS USED IN THE ORDINANCE; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning an amendment to the Code of Ordinances, City of Corpus Christi;
WHEREAS, in accordance with proper notice to the public, public hearings were held on
Wednesday, November 30, 1994 and February 8, 1995, during meetings of the Planning
Commission and on Tuesday, December 13, 1994 and February 21, 1995 during meetings of the City
Council, in the Council Chambers at City Hall in the City of Corpus Christi allowing all interested
persons to appear and be heard;
WHEREAS, additional public meetings, jointly hosted by the City of Corpus Christi and
Nueces County at which representatives of the General Land Office and the Office of the Attorney
General were present, were held on January 5, 1995 and January 7, 1995 allowing all interested
persons to appear and be heard; and
WHEREAS, the City Council has determined that the hereinafter set forth amendment
would best serve public health, necessity and convenience and the general welfare of the City of
Corpus Christi and its citizens.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That The Code of Ordinances, City of Corpus Christi, Texas, is amended by
providing for certain additions, deletions and changes to Chapter 10, Beachfront Management and
Construction as hereinafter set out.
SECTION 2. That the Corpus Christi Code, Chapter 10, Beachfront Management and
Construction is amended as follows:
CHAPTER 10
BEACHFRONT MANAGEMENT AND CONSTRUCTION
ARTICLE I. DEFINITIONS.
ARTICLE II. ADMINISTRATION.
ARTICLE III. REQUIREMENTS FOR DUNE PROTECTION PERMITS.
ARTICLE IV. REQUIREMENTS FOR BEACHFRONT CONSTRUCTION
CERTIFICATES.
ARTICLE V. CONCURRENT REQUIREMENTS FOR BOTH DUNE PROTECTION
PERMITS AND BEACHFRONT CONSTRUCTION CERTIFICATES.
ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH.
ARTICLE VII. TRAFFIC REGULATIONS.
ARTICLE VIII. FEES.
ARTICLE IX. PENALTIES.
ARTICLE X. GENERAL PROVISIONS.
APPENDICES
Appendix I Industrial Uses Permitted/Not Permitted
Appendix II Dune Protection Line
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Appendix III
Appendix IV
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Beachfront Construction Line, Erosion Area Restriction Line, Erosion
Area Line.
Flow Chart of Application Process for Master Planned Developments
Appendix V Flow Chart for Application Process for Dune Protection Permit or
Beachfront Construction Certificate
Appendix VI Designation of Access Ways, Parking Areas, and Beaches Closed to
Motor Vehicles
Appendix VII Designated Beach Fee Areas
Appendix VIII Interlocal Agreement for Beach Maintenance with Nueces County
Appendix IX Interlocal Agreement for Dune Protection Act with Nueces County
(Reserved)
Appendix X Interlocal Agreement for Dune Protection Act with Kleberg County
Appendix XI 31 TAC §§ 15.1-15.10 (Coastal Area Planning)
Appendix XII Dune Protection Act, V.T.C.A., Natural Resources Code § 61.001 et
seq.
Appendix XIII Open Beaches Act, V.T.C.A., Natural Resources Code § 63.001 et
seq.
Appendix XIV Founding Policies
ARTICLE I. DEFINITIONS.
Sec. 10-1. Definitions.
The following words and terms, when used in these regulations, shall have the following
meanings, unless the context clearly indicates otherwise.
Affect - As used in these regulations regarding dunes, dune vegetation, and the public beach, "affect"
means to produce an effect upon dunes, dune vegetation, or public beach use and access.
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Amenities - Any nonhabitable major structures including swimming pools, bathhouses, detached
garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and other water
retention structures, roads, streets, highways, parking areas and other paved areas (exceeding 144
square feet in area), underground storage tanks, and similar structures.
Applicant - Any person applying to the City of Corpus Christi for a permit and/or certificate for any
construction or development plan.
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.
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.
Beach/dune system - The land from the line of mean low tide of the Gulf of Mexico to the landward
limit of dune formation.
Beachfront Construction Certificate or certificate - The document issued by the City of Corpus
Christi that certifies that the proposed construction either is consistent with the City's dune protection
and beach access regulations or is inconsistent with the City's dune protection and beach access
regulations. In the latter case, the City must specify how the construction is inconsistent with the
regulations, as required by the Open Beaches Act, § 61.015.
Beach maintenance - The cleaning or removal of debris from the beach by handpicking, raking, or
mechanical means.
Beach profile - The shape and elevation of the beach as determined by surveying a cross section of
the beach.
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.
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Beach user fee - A fee collected by the City or its designee 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.
Blowout - A breach in the dunes caused by wind erosion.
Breach - A break or gap in the continuity of a dune caused by wind or water.
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.
City Council - The City Council of the City of Corpus Christi, Texas.
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.
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.
Commission - City of Corpus Christi Planning Commission.
Concurrent Beach/Dune Committee - City of Corpus Christi Planning Commission.
Construction - Causing or carrying out any building, bulkheading, filling, clearing, excavation, or
substantial improvement to land or the size of any 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 land or the size of any structure" include, but are not limited to, creation of
vehicular or pedestrian trails, landscape work that adversely affects dunes or dune vegetation, and
increasing the size of any structure.
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.
County - Nueces or Kleberg County, Texas, depending on context.
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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.
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.
Dedication - Includes but is not limited to, a permanent easement or a fee simple donation.
Department - The Department of Planning and Development of the City of Corpus Christi, Texas.
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 marked by an abrupt change in slope
landward of the dry beach The term includes coppice mounds, foredunes, dunes comprising the
foredune ridge, backdunes, swales, and man-made vegetated mounds.
Dune complex - 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.
Dune Protection Act - Texas Natural Resources Code, §63.001, et seq.
Dune protection and beach access regulations or regulations - The City of Corpus Christi'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, as required by the Dune
Protection Act and the Open Beaches Act.
Dune Protection Line - A line established by a county commissioner's 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, Texas Natural Resources Code,
§63.011, and 31 TAC § 15.3(0. The City is not authorized to establish a Dune Protection Line unless
the authority to do so has been delegated to the City by the county in which the City and its
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extraterritorial jurisdiction is located. Such lines will be located no farther than 1,000 feet landward
of the mean high tide of the Gulf of Mexico.
Dune Protection Permit or permit - The document issued by the City 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.
Dune vegetation - Flora indigenous to and growing on critical dunes. Dune vegetation can include
coastal grasses and herbaceous and woody plants.
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 the 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 these regulations 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.
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.
Erosion Area Line - An imaginary line projected landward from the vegetation line into the future
for a period of 60 years based on annual historical erosion rates determined by the University of
Texas, Bureau of Economic Geology or 200 feet whichever is greater.
Erosion Area Restriction Line - An imaginary line which coincides with the concrete and wooden
portions of the North Padre Island Seawall.
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.
Erosion response structure - A hard or rigid structure built for shoreline stabilization which includes,
but is not limited to, a jetty, retaining wall, groin, breakwater, bulkhead, seawall, riprap, rubble
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mound, revetment, or the foundation of a structure which is the functional equivalent of these
specified structures.
FEMA - The United States Federal Emergency Management Agency. This agency administers the
National Flood Insurance Program and publishes the official flood insurance rate maps.
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 breaks 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.
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.
Habitable structures - Structures suitable for human habitation including, but not limited to, single
or multi -family residences, hotels, condominium buildings, and buildings for commercial purposes.
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, gazebos, and other
attached improvements.
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 these regulations, 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
these regulations.
Large-scale construction - Construction activity greater than 5,000 square feet in ground area and
structures greater than two habitable stories in height. Multiple -family habitable structures are
typical of this type of construction.
Local government - A municipality, county, any special purpose district, any unit of government,
or any other political subdivision of the state.
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Main -traveled roadway - That portion of the public beach in the street right-of-way, between a point
50 feet from the water's edge and the vegetation line, as herein defined, ordinarily used by the
majority of vehicles for vehicular traffic at the time and place in question, unless otherwise defined
by traffic control devices.
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.
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.
Motor vehicle or vehicle - A vehicle as defined by the Texas Uniform Traffic Act, Art. 6701d, Texas
Revised Civil Statutes Annotated.
National Flood Insurance Act - 42 United States Code, § 4001, et seq.
Natural resources - Land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees,
habitat of flora and fauna, and other such resources.
Non-exempt pipelines - Pipelines other than those subject to the exemption in state law and the
beach/dune rules.
Open Beaches Act - Texas Natural Resources Code, §§ 61.001, et seq.
Owner or operator - Any person owning, operating, or responsible for operating commercial or
industrial facilities.
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
(consistent with the Dune Protection Act) which a permittee must satisfy in order to be in
compliance with the permit or certificate.
Permittee - Any person authorized to act under a permit or a certificate issued by the City.
Person - An individual, firm, corporation, association, partnership, consortium, joint venture,
commercial entity, the United States Government, a state, a municipality, commission, political
subdivision, or any international or interstate body or any other governmental entity.
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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.
Practicable - In determining what is practicable, the city council shall consider the effectiveness,
scientific feasibility, and commercial availability of the technology or technique. The city council
shall also consider the cost of the technology or technique.
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.
Public beach - Any beach bordering on the Gulf of Mexico that extends inland from the line of mean
low tide to the natural line of vegetation bordering on the seaward shore of the Gulf of Mexico, or
such larger contiguous area to which the public has acquired a right of use or easement to or over
by prescription, dedication, or estoppel, or has retained a right by virtue of continuous right in the
public since time immemorial as recognized by law or custom. This definition does not include a
beach that is not accessible by a public road or ferry as provided in §61.021 of the Texas Natural
Resources Code.
Recreational activity - Includes, but is not limited to, hiking, sunbathing, and camping for less than
21 days. For purposes of permits, 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.
Recreational vehicle - A dune buggy, marsh buggy, minibike, trail bike, jeep, or any other
mechanized vehicle used for recreational purposes.
Restoration - The process of constructing man-made vegetated mounds, repairing damaged dunes,
or vegetating existing dunes.
Retaining wall - A structure designed primarily to contain material and to prevent the sliding of land.
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.
Seawall - An erosion response structure that is specifically designed to withstand wave forces.
Seaward of a Dune Protection Line - The area between a Dune Protection Line and the line of mean
high tide.
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Small-scale construction - Construction activity less than or equal to 5,000 square feet in ground area
and structures less than or equal to two habitable stories in height. Single-family habitable structures
are typical of this type of construction.
Street - The entire width between the boundary line of the street right-of-way which is open to the
use of the public for purposes of vehicular travel.
Street right-of-way - Means roadways and the public beach.
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.
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.
Vegetation line - The extreme seaward boundary of natural vegetation which spreads continuously
inland typically used to determine the landward extent of the public beach. Where there is no natural
vegetation line, the landward extent of the public beach may be determined as provided by §61.016
and §61.017, Texas Natural Resources Code.
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.
Waters Edge - An imaginary line running parallel to the beach the point of Gulf water reaching most
landward at the time and place in question.
Secs. 10-2 -10-10. Reserved.
ARTICLE II. ADMINISTRATION.
Sec. 10-11. Purpose, Adoption, Compliance, and Amendment.
A. These regulations are adopted pursuant to the authority granted local governments under
the Open Beaches Act, Chapter 61, Texas Natural Resources Code, the Dune Protection Act, Chapter
63, Texas Natural Resources Code, Subchapter I of Chapter 16, Texas Water Code, V.T.C.A. Local
Government Code, Chapters 211 and 212, V.T.C.S art. 6701d (Motor Vehicles), the City of Corpus
Christi's Comprehensive Plan and Flood Hazard Prevention Code and other statutes of general
applicability.
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B. All persons shall comply with these regulations in authorizing or undertaking any activity
affecting dunes seaward of the Dune Protection Line or any activity affecting public use of the public
beach or any activity affecting public access to and from the public beach. A Dune Protection
Permit application is required if the site is located seaward of the Dune Protection Line and a
Beachfront Construction Certificate is required if the site is located seaward of the Beachfront
Construction Line.
C. Amendments to these Regulations shall be effective only after approval by the City
Council and the State of Texas. These regulations are adopted, in part, to implement the
Comprehensive Plan of the City.
Sec. 10-12. Areas Exempt.
A. These regulations apply to all private and public land within the city's corporate limits
and extraterritorial jurisdiction that lies seaward of the Dune Protection Line and the Beachfront
Construction Line except state or national parks, wildlife refuges, preserves, or similar state or
federal areas.
B. Other than state or national parks, wildlife refuges, preserves, and similar areas, these
regulations apply to land owned by state agencies, subject to the provisions of the Texas Natural
Resources Code, §31.161 et seq.
Sec. 10-13. Dune Protection Line & Beachfront Construction Line.
A. Dune Protection Line. The following provisions shall apply relative to dune protection.
The land area seaward of this line is subject to the Dune Protection Act and associated state and local
regulations. The following line is hereby established as the Dune Protection Line for Kleberg
County and is established for Nueces County upon delegation of dune protection authority for the
purpose of protecting critical dune areas:
A line running parallel to the beach 1,000 feet landward of mean high tide, except in the area
landward of the seawall in North Padre Island, such line being depicted by map in
Appendix II.
B. Beachfront Construction Line. The land area seaward of this line is subject to the Open
Beaches Act and associated state and local regulations. The following line is hereby established as
the Beachfront Construction Line for the purpose of delineating areas in which construction is likely
to affect beach access and use:
A line running parallel to the beach either 1,000 feet landward of mean high tide, or along
the seaward boundary of the right-of-way of the first public road generally parallel to the
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beach or any closer road not parallel to the beach, whichever is greater, or along the seaward
shore of Packery Channel or 1,000 feet landward of mean high tide, whichever is greater.
C. Maps. The Dune Protection Line is depicted on the map attached to these regulations as
Appendix II. The Beachfront Construction Line is depicted on the map attached to these regulations
as Appendix III.
D. Review. The location of the Dune Protection Line and Beachfront Construction Line
shall be reviewed by the Concurrent Beach/Dune Committee (§10-17) at least once every five years
to determine whether the lines are adequately located to achieve their stated purposes. In addition,
the adequacy of the location of the lines shall be reviewed by the Committee within 90 days after
a tropical storm or hurricane affects the portion of the coast lying within the City's jurisdiction.
E. Public Hearing. Should the Concurrent Beach/Dune Committee determine that either the
Dune Protection or Beachfront Construction Line should be adjusted, the Committee shall hold a
public hearing to consider adjustments to the lines no sooner than 15 days after public notice in the
newspaper with the largest circulation in the county. The Committee shall forward its
recommendation and reasons for the recommended adjustment to the City of Corpus Christi City
Council. Subsequent to receiving the Committee's recommendation, the City Council shall hold a
public hearing to consider the modifications. Not less than one week nor more than three weeks
before the date of the hearing, the City will publish notice of the hearing at least three times in the
newspaper with the largest circulation in the county. Written notice will be given the General Land
Office in writing no less than one week nor more than three weeks before the date of the hearing.
The notice to the General Land Office shall include a map or drawing of the proposed line, a written
description of the line, or both (including Texas State Plane Coordinates).
Sec. 10-14. Alteration of Dunes Prohibited Without Permit.
A. No person may damage, destroy, or remove a sand dune or a portion of a sand dune
seaward of the Dune Protection Line, or kill, destroy, or remove in any manner any vegetation
growing on a sand dune seaward of the Dune Protection Line, unless the Concurrent Beach/Dune
Committee properly issues a Dune Protection Permit authorizing the conduct, provided however,
landward of the Dune Protection Line, development within 500 hundred feet of the existing concrete
seawall is required to retain any displaced sand on site or place it on the beach immediately seaward
of the concrete seawall. Such development does not require a Dune Protection Permit.
B. Pursuant to the Dune Protection Act, § 63.052, the following activities are exempt from
the requirement for a Dune Protection Permit, but are subject to the requirements of the Open
Beaches Act and the rules promulgated under the Open Beaches Act, and may include a Beachfront
Construction Certificate or a permit pursuant to other City ordinances:
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1. exploration for and production of oil and gas and reasonable and necessary
activities directly related to such exploration and production, including construction and maintenance
of production and gathering facilities seaward of the Dune Protection Line which serve wells located
outside the Dune Protection Line, provided that such facilities are located no farther than two miles
from the well being served;
grazing; and
2. grazing livestock and reasonable and necessary activities directly related to
3. recreational activities other than operation of a recreational vehicle.
Sec. 10-15. Acts Prohibited Without a Beachfront Construction Certificate.
No person shall cause, engage in, or allow construction on land adjacent to and landward of
public beaches within the area seaward of the Beachfront Construction Line without a Beachfront
Construction Certificate. Construction not affecting public beach access and use may nevertheless
require a Dune Protection Permit or a permit pursuant to other city ordinances.
Sec. 10-16. Master Planned Developments.
A. "Master planned development" means proposed development for which approval is
requested by submission of a comprehensive plan containing maps, drawings, narrative, tables, and
other information about the proposed use of specific land and/or water including descriptions of uses
and use intensities, building and/or site improvement locations and sizes, relationships between
buildings and improvements, vehicular and pedestrian access and circulation systems, parking, utility
systems, stormwater management and treatment systems, geography, geology, impact assessments,
regulatory -approved checklist, and phasing. Information in the master plan may be conceptual or
detailed depending on the status of its regulatory approval.
B. Master planned development is authorized within the City's incorporated area and
extraterritorial jurisdiction (E.T.J). Master planned developments will be authorized in accordance
with the City's Zoning and Platting Ordinances, the Open Beaches Act, Chapter 61, Texas Natural
Resources Code, the Dune Protection Act, Chapter 63, Texas Natural Resources Code, and
Subchapter I of Chapter 16, Texas Water Code. Master planned developments are approved by City
Council ordinance. City Council may impose requirements more stringent than zoning and platting
requirements, and there are no time limitations on the City's part in administering master planned
developments.
C. Applications for master planned development ordinances shall be submitted to the
Department of Planning and Development. Minimum application requirements are the same as those
required for permit and certificate applications (§15.3.s.(4) of the General Land Office Rules for
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Management of the Beach/Dune System, 31 TAC §§ 15.1-15.10). Within 3 working days, the
Department shall review the application for completeness. Any additional information needed to
complete the application shall be provided by the applicant before the Department forwards the
application to the General Land Office and the Attorney General's Office. Once the Department
determines that the application is complete, it shall so advise the applicant and notify the applicant
of the scheduled Planning Commission meeting. Within 3 days of determining that the application
is complete the Department shall forward the completed application to the General Land Office and
the Attorney General's Office for review. Within 10 working days of receiving the states comments,
if any, or in any case no later than 24 working days after forwarding the application, the Department
shall forward copies of the completed application, the states comments, and City staffs
recommendation to the Planning Commission. The application will be scheduled at the next
available regularly scheduled Planning Commission meeting (5 to 10 working days). The Planning
Commission shall submit its recommendation on the application to the City Council. Within 20 to
25 working days the City Council shall approve or deny the application for master planned
development ordinance, unless additional information is requested by the City Council. A flow chart
of this application process is illustrated in Appendix IV.
Within 5 working days, the Department shall submit the approved ordinance to the General
Land Office and the Attorney General's Office. The General Land Office and Attorney General's
Office will approve or deny the master planned development within 60 days of receipt of the
ordinance.
D. When acting on a request for approval of a master planned development, the Planning
Commission and the City Council will consider:
1. the development's potential effects on dunes, dune vegetation, public beach use
and access, and the applicant's proposal to mitigate for such effects throughout the construction;
2. the contents of the plan; and
3. whether any component of the development, such as installation of roads or
utilities, or construction of structures seaward of a Dune Protection Line, will subsequently require
a permit or a certificate.
E. An individual permit and/or certificate is not required, for individual lots or parcels within
approved master planned developments after adoption of master planned developments, provided
the individual development complies with the adopted master planned development.
F. If the master planned development does not comply with the requirements of these
regulations, the application shall not be approved.
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Sec. 10-17. Concurrent Beach/Dune Committee.
The Concurrent Beach/Dune Committee is the City of Corpus Christi Planning Commission.
Sec. 10-18. Application Process.
Prior to submission of any Dune Protection Permit or Beachfront Construction Certificate
application, the applicant is encouraged to confer with the Department of Planning and Development
Staff on an informal basis to discuss the proposed application and its conformity with the
Comprehensive Plan, the Dune Protection and Beach Access Plan, Dune Protection and Beach
Access Regulations, state law and regulations, and the proposed development's relationship to
surrounding property, streets, drainageways, existing and proposed utilities, etc.
A. If the proposed construction is not seaward of the Erosion Area Line, Erosion Area
Restriction Line or located on a beach access (vehicular) the applicant may make a short form
application for beachfront construction as outlined in Appendix V. For all other construction, an
application for a Beachfront Construction Certificate shall be submitted in accordance with Sec. 10-
19, Contents of Applications.
B. Potential applicants proposing construction seaward of the Dune Protection Line may
submit descriptions of proposed construction to the Director of Planning and Development as
outlined in Appendix V. If the potential applicant seeks to establish that no permit is required the
description shall explain why. The Director of Planning and Development shall determine whether
the construction requires a permit under these regulations or the Director of Planning and
Development may refer the application to the Beach/Dune Committee for such determination. Upon
determination that a project does or does not require a Dune Protection Permit or that the application
has been forwarded to the Beach/Dune Committee under these regulations, the Director of Planning
and Development shall notify the potential applicant in writing of such action. The applicant shall
also be notified in writing of the final action of the Beach/Dune Committee.
C. If A and B above are not applicable, a full application shall be submitted by the person
proposing to conduct an activity for which a permit or certificate is required to the Department.
Within 3 working days, the Department shall review the application for completeness. Any
additional information needed to complete the application shall be provided by the applicant before
the Department forwards the application to the General Land Office and the Attorney General's
Office. Once the Department determines that the application is complete, it shall so advise the
applicant and schedule the Concurrent Beach/Dune Committee meeting. An application shall be
considered complete when information requested by staff has been provided. Within 3 days of
determining that the application is complete the Department shall forward the completed application
and associated information to the General Land Office and the Attorney General's Office for review.
Within 10 working days of receiving the State's comments, if any, or in any case no later than 24
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working days after forwarding the application to the State, the Department shall forward copies of
the completed application, the State's comments, and City staff's recommendation to the Committee.
Within 5 working days of receiving the completed application, the Concurrent Beach/Dune
Committee shall approve or deny the application, unless additional information is requested by the
Committee. A flow chart of this application process is illustrated in Appendix V.
Within 3 working days, the Department shall notify the applicant whether the permit or certificate
was approved or denied and what conditions, if any, were required by the Committee.
Notice of public hearings for Dune Protection Permits and Beachfront Construction Certificates
submitted in accordance with Sec. 10-19 before the Beach/Dune Committee shall be given by
sending written notice to all owners of property rendering the same for Nueces or Kleberg County
taxes, whichever is appropriate, located within two hundred (200) feet, within not less than ten (10)
days before any such hearing is held. Such notice may be served by depositing the same, properly
addressed and postage paid, in the United States Post Office.
Sec. 10-19. Contents of Applications.
A. For all proposed construction (large- and small-scale), applicants shall submit 10 copies
of the application. All of the required information shall be submitted with the application before the
application is considered submitted for approval. Standard permit and certificate application forms
may be obtained from the Department of Planning and Development. Incomplete applications shall
be returned to the applicant without action by the Committee. The application shall consist of:
1. the name, address, phone number, and, if applicable, fax number of the applicant,
and the name of the property owner, if different from the applicant;
2. a complete legal description of the tract and a statement of its size in acres or
square feet;
3. the number of proposed structures and whether the structures are amenities or
habitable structures;
4. the number of parking spaces;
5. the approximate percentage of existing and finished open spaces (those areas
completely free of structures);
6. the floor plan and elevation view of the structure proposed to be constructed or
expanded;
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7. the approximate duration of the construction;
8. a description (including location) of any existing or proposed walkways or dune
walkovers on the tract;
9. a grading and layout plan identifying all existing and proposed structures and
paved areas, all elevations (in reference to the National Oceanic and Atmospheric Administration
datum), existing contours of the project area (including the location of dunes and swales), and
proposed contours for the final grade;
10. photographs of the site which clearly show the current location of the vegetation
line and the existing dunes on the tract;
11. the effects of the proposed activity on the beach/dune system which cannot be
avoided should the proposed activity be permitted, including, but not limited to, damage to dune
vegetation, alteration of dune size and shape, and changes in dune hydrology;
12. a comprehensive mitigation plan which includes a detailed description of the
methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects
on dunes or dune vegetation; and
13. an accurate map or plat of the site identifying:
a. the site by its legal description, including, where applicable, the
subdivision, block, and lot;
b. the location of the property lines and a notation of the legal description of
adjoining tracts;
c. the location of the structures, the footprint or perimeter of the proposed
construction on the tract;
d. proposed roadways and driveways and proposed landscaping activities on
the tract;
e. the location of any seawalls or any other erosion response structures on the
tract and on the properties immediately adjacent to the tract;
f if known, the location and extent of any man-made vegetated mounds,
restored dunes, fill activities, or any other pre-existing human modifications on the tract;
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g. if development is proposed to be located seaward of the Dune Protection
Line, the Erosion Area Line located on the grading and layout plan; and
h. the location and extent of wetlands as requested by the City.
B. For all proposed large-scale construction, applicants shall submit the following additional
items and information:
1. if the tract is located in a subdivision and the applicant is the owner or developer
of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded
subdivision, a preliminary plat of the subdivision certified by a licensed surveyor, and a statement
of the total area of the subdivision in acres or square feet;
2. in the case of multiple -unit dwellings, the number of units proposed;
3. alternatives to the proposed location of construction on the tract or to the proposed
methods of construction which would cause fewer or no adverse effects on dunes and dune
vegetation or less impairment of beach access; and
4. the proposed activity's impact on the natural drainage pattern of the site and the
adjacent lots.
C. For all proposed construction (large- and small-scale), if applicants already have the
following items and information, the applicant shall, in addition, submit with the other information
required above:
1. a copy of a site plan of the proposed construction;
2. a copy of a topographical survey (two foot contour intervals) of the site;
3. the most recent local historical erosion rate data (as determined by the University
of Texas at Austin, Bureau of Economic Geology) (usually located in the Planning and Development
Department) and the activity's potential impact on coastal erosion; and
4. a copy of the FEMA "Elevation Certificate."
D. For all proposed construction (large- and small-scale), the Department of Planning and
Development shall provide to the state the following information with applications for permits and
certificates:
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1. a copy of the community's most recent flood insurance rate map identifying the
site of the proposed construction;
2. a preliminary determination as to whether the proposed construction complies with
all aspects of the local government's dune protection and beach access regulations;
3. the activity's potential impact on the community's natural flood protection and
protection from storm surge; and
4. how the proposed beachfront construction complies with and promotes the local
government's beach access policies and requirements, particularly, the dune protection and beach
access regulation's provisions relating to public beach ingress/egress, off -beach parking, and
avoidance of reduction in the size of the public beach due to erosion.
Sec. 10-20. State Agency Comments.
The Department of Planning and Development shall forward the complete application,
including any associated materials, to the General Land Office and the Attorney General's Office.
The Concurrent Beach/Dune Committee may not act on the application sooner than 10 working
days after receipt by the state agencies. Thereafter, the permit or certificate may be issued or denied
regardless of whether the state agencies submit comments on the application.
Sec. 10-21. Issuance or Denial of Permit/Certificate.
A. To determine whether to issue or deny a permit or certificate, the Concurrent Beach/Dune
Committee shall review and consider:
1. the information in the permit or certificate application;
2. the proposed activity's consistency with these regulations, state law, and the
beach/dune rules;
3. any other law relevant to dune protection and public beach use and access which
affects the activity under review;
4. the comments of the City of Corpus Christi staff, the General Land Office, and the
Attorney General's Office;
5. with respect to dunes and dune vegetation and dune permits and beach access and
Beachfront Construction Certificates:
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a. cumulative, direct and indirect effects of the proposed construction on all
dunes and dune vegetation seaward of the Dune Protection Line;
b. cumulative, direct and indirect effects of other activities on dunes and dune
vegetation located seaward of the Dune Protection Line;
c. the pre -construction type, height, width, slope, volume, and continuity of
the dunes, the pre -construction condition of the dunes, the type of dune vegetation, and percent of
vegetative cover on the site;
d. the local historical erosion rate as determined by the University of Texas
at Austin, Bureau of Economic Geology, and whether the proposed construction may alter dunes and
dune vegetation in a manner that may aggravate erosion;
e. all practicable alternatives to the proposed activity, proposed site, or
proposed methods of construction;
f. the applicant's mitigation plan for any unavoidable adverse effects on dunes
and dune vegetation and the effectiveness, feasibility, and desirability of any proposed dune
reconstruction and revegetation;
g. the impacts on the natural drainage patterns of the site and adjacent
property;
h. any significant environmental features of the potentially affected dunes and
dune vegetation such as their value and function as floral or faunal habitat or any other benefits the
dunes and dune vegetation provide to other natural resources;
i. wind and storm patterns including a history of washover patterns;
j. location of the site on the flood insurance rate map;
k. success rates of dune stabilization projects in the area; and
6. any other information the Concurrent Beach/Dune Committee considers useful,
including resource information made available to them by federal and state natural resource entities.
B. A permit or certificate that is inconsistent with these regulations, General Land Office
rules for Management of the Beach/Dune System (31 TAC §§15.1-15.10), the Open Beaches Act
(Chapter 61, Texas Natural Resources Code), the Dune Protection Act (Chapter 63, Texas Natural
Resources Code), and other state, local, and federal laws related to the requirements of the Dune
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Protection Act and the Open Beaches Act, the requirements of which are incorporated into these
regulations by reference, shall not be issued.
Sec. 10-22. Terms and Renewal of Permits/Certificates.
A. Permits or certificates shall be valid for three years from the date of issuance.
B. The Concurrent Beach/Dune Committee may renew a permit or certificate for a period
not exceeding 90 days if the activity as proposed in the application for renewal complies with these
regulations and the permittee supplements the original application materials with additional
information indicating any changes to the activity or information. Only two renewals shall be issued
for each permit or certificate. Thereafter, the permittee must apply for a new permit or certificate.
C. If the proposed construction is changed in any manner which causes or increases adverse
effects on dunes, dune vegetation, and public beach use and access, the permittee shall not be eligible
for a renewal but must apply for a new permit or certificate.
Sec. 10-23. Termination of Permits/Certificates.
A. A permit or certificate is voidable if the Committee finds that:
1. The permit or certificate is inconsistent with state law, the beach/dune rules, this
subchapter or the City's Comprehensive Plan at the time the permit or certificate was issued.
2. A material change occurs after the permit or certificate is issued; or
3. A permittee fails to disclose any material fact in the application.
B. "Material change" includes, in the opinion of the Committee, human or natural conditions
which have adversely affected dunes, dune vegetation, or beach access and use that either did not
exist at the time of the original application, or were not considered by the Committee in making the
permitting decision because the permittee did not provide information regarding the site condition
in the original application.
C. A permit or certificate automatically terminates if construction comes to lie within the
boundaries of the public beach by artificial means or by natural causes.
Sec. 10-24. Administrative Record.
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A. The Department of Planning and Development shall compile and maintain an
administrative record which demonstrates the basis for each final decision regarding issuance or
denial of a permit or certificate. The administrative record shall include copies of the following:
1. all materials received from the applicant as part of or regarding the permit or
certificate application;
2. the transcripts, if any, or the minutes and/or tape of all meetings during which the
permit or certificate was considered; and
3. all comments received regarding the permit or certificate.
B. The Department shall keep the administrative record for three years from the date of a
final decision on a permit or certificate. The Department shall send to the General Land Office or
the Attorney General's Office, upon request by either agency, a copy of those portions of the
administrative record that were not originally sent to those agencies for review and comment. The
Department shall provide to the permittee upon request copies of any materials in the administrative
record regarding the permit or certificate not submitted to the Department by the permittee in the
application.
Sec. 10-25 Reserved.
ARTICLE III. REQUIREMENTS FOR DUNE PROTECTION PERMITS.
Sec. 10-26. Required Findings.
Before issuing a permit, the Concurrent Beach/Dune Committee must find that:
A. the proposed activity is not a prohibited activity as defined in §10-27 of this Article
(Prohibited Activities);
B. the proposed activity will not materially weaken dunes or materially damage dune
vegetation seaward of the Dune Protection Line based on substantive findings under § 10-28 of this
Article (Material Weakening);
C. there are no practicable alternatives to the proposed activity and adverse effects cannot
be avoided as provided in § 10-29 of this Article (Mitigation of Other Adverse Effects);
D. the applicant's mitigation plan will adequately minimize, mitigate, and/or compensate for
any unavoidable adverse effects, as provided in §10-29 of this Article (Mitigation of Other Adverse
Effects); and
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E. the proposed activity complies with any applicable requirements of Article IV
(Requirements for Beachfront Construction Certificates), Article V (Concurrent Requirements for
Both Dune Protection Permits and Beachfront Construction Certificates), and Article VI
(Management of the Public Beach) of these regulations.
Sec. 10-27. Prohibited Activities.
Permits authorizing the following actions seaward of the Dune Protection Line shall not be
issued for:
A. activities that are likely to result in the temporary or permanent removal of sand from the
portion of the beach/dune system located on or adjacent to the construction site, including:
1. moving sand to a location landward of the Dune Protection Line; and
2. temporarily or permanently moving sand off the site, except for purposes of
permitted mitigation, compensation, or an approved dune restoration or beach nourishment project
and then only from areas where the historical accretion rate is greater than one foot per year, and the
project does not cause any adverse effects on the sediment budget;
B. depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials
listed in Title 40 of the Code of Federal Regulations, §302.4, in concentrations which are harmful
to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for
toxicity standards established by the local, state, and federal governments;
C. depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy
or grain size when compared to the sediments found on the site (this prohibition does not apply to
materials related to the installation or maintenance of public beach access roads running generally
perpendicular to the public beach);
D. creating dredged spoil disposal sites, such as levees and weirs, without the appropriate
local, state, and federal permits;
E. constructing or operating industrial facilities not in full compliance with all relevant laws
and permitting requirements prior to the effective date of these regulations;
F. operating recreational vehicles;
G. mining dunes;
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H. constructing concrete slabs or other impervious surfaces within 200 feet landward of the
natural vegetation line, except for such a surface that (1) supports and does not extend beyond the
perimeter of a habitable structure elevated on pilings, provided no walls are erected that prohibit the
natural transfer of sand, or (2) does not exceed 5% of the footprint of the permitted habitable
structure it serves;
I. depositing trash, waste, or debris including inert materials such as concrete, stone, and
bricks that are not part of the permitted on-site construction;
J. constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by
the cisterns, septic tanks, and septic fields; and
K. detonating bombs or explosives.
Sec. 10-28. No Material Weakening.
The Concurrent Beach/Dune Committee may issue a permit only if it finds as a fact, after a
full investigation, that the particular conduct proposed will not materially weaken any dune or
materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection
against erosion and high wind and water. In making the finding as to whether such material
weakening or damage will occur, the Committee shall use the following technical standards. Failure
to meet any one of these standards will result in a denial of the application:
A. the activity will not result in the potential for increased flood damage to the proposed
construction site or adjacent property;
B. the activity will not result in runoff or drainage patterns that aggravate shoreline erosion;
C. the activity will not result in significant changes to the natural permeability of a dune or
its ability to transmit rainwater to the water table;
D. the activity will not adversely effect unique flora or fauna or result in significant adverse
effects on dune complexes or dune vegetation; and
E. the activity will not significantly increase the potential for washovers or blowouts to
occur.
Sec. 10-29. Mitigation of Other Adverse Effects.
A. The applicant bears the burden of proving no material weakening or damage of dunes.
If the Committee finds that no material weakening of dunes or material damage to dunes will occur,
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as demonstrated by the applicant, the Committee shall then determine whether any adverse effects
will result from the activity. If the Committee finds there will be adverse effects on dunes or dune
vegetation seaward of the Dune Protection Line or in critical dune areas, the Committee may issue
a permit only if the applicant demonstrates that adverse effects can be mitigated as required by the
mitigation sequence. If the Committee issues a permit, it shall include appropriate permit conditions
incorporating the requirements of this Article.
B. The mitigation sequence consists of the following requirements.
1. Avoidance. a. Avoidance means avoiding adverse effects altogether by not taking
a certain action or parts of an action. A permit shall not be issued allowing any adverse effects on
dunes or dune vegetation seaward of the Dune Protection Line unless the applicant proves there is
no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting
the activity that has less adverse effects on dunes and dune vegetation than the proposed activity.
The permittee shall include information as to practicable alternatives in the permit application.
b. To avoid adverse effects on dunes and dune vegetation seaward of the
Dune Protection Line as required by Subdivision (B)(1)(a) of this Article, permittees shall not:
i) construct pipelines, except those that are exempt, seaward of
the Dune Protection Line unless there is no practicable alternative;
ii) engage in any construction unless it is located as far landward
of dunes as practicable, except construction providing access to and from a public beach;
iii) construct any road parallel to the beach within 200 feet
landward of the vegetation line, nor construct any other road parallel to the beach unless it is located
as far landward of dunes as practicable;
iv) construct new artificial channels, including stormwater runoff
channels, unless there is no practicable alternative; or
v) cause any such adverse effects for which the Committee
determines there is a practicable alternative that would have fewer such adverse effects.
2. Minimization. a. Minimization means minimizing effects on dunes and dune
vegetation by limiting the degree or magnitude of the action and its implementation. Permittees
shall minimize adverse impacts to dunes and dune vegetation by limiting the degree or magnitude
of the action and its implementation. If the Committee determines that adverse effects on dunes or
dune vegetation seaward of the Dune Protection Line cannot be avoided, it may issue a permit
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allowing the proposed alteration, provided that the permit contains a condition requiring the
permittee to minimize such adverse effects to the greatest extent practicable.
b. To minimize unavoidable adverse effects as required by Subdivision
(B)(2)(a) of this Article, permittees shall:
i) locate non-exempt pipelines across previously disturbed areas, such
as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas
is not practicable;
ii) minimize construction and pedestrian traffic on or across dune
areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion
in that area;
iii) route all pedestrian access to and from beaches through washover
areas or over elevated walkways, and conspicuously mark all such access that is public with
permanent signs so indicating;
iv) minimize the number of private access ways from any proposed
subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access
may be only one access way. In determining the appropriate grouping of access ways, the
Committee shall consider the size and scope of the development;
v) post signs in areas where pedestrian traffic is high explaining the
functions of dunes and the importance of vegetation in preserving dunes;
vi) where practicable, provide vehicular access to and from beaches
by using existing roads or from roads constructed in accordance with Subdivision (B)(1)(b)(iii) of
this section, unless public beach access is restricted, and where possible, improve existing access
roads with elevated berms near the beach that prevent channelization of floodwaters;
vii) where practicable, locate new beach access roads in washover
areas, blowout areas or other areas where dune vegetation has already been disturbed, construct such
roads along the natural land contours, and minimize their width;
viii) where practicable, locate new beach access roads at an oblique
angle to the prevailing wind direction;
ix) prohibit persons from using or parking any motor vehicle on,
through, or across dunes outside designated access ways;
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x) maximize use of natural or existing drainage patterns when
providing for stormwater runoff and retention; and
xi) locate and construct new artificial stormwater runoff channels and
retention basins so as to avoid erosion and unnecessary construction of additional channels and to
direct all runoff inland and not to the Gulf of Mexico through dune areas.
3. Mitigation. a. Mitigation means repairing, rehabilitating, or restoring affected
dunes and dune vegetation. Where adverse effects on dunes and dune vegetation can not be avoided
or minimized, the Committee shall set appropriate permit conditions requiring that permittees repair,
rehabilitate, or restore affected dunes to the same volume as the pre-existing dunes and dune
vegetation so that affected dunes will be superior or equal to the pre-existing dunes in their ability
to protect adjacent public and private property from potential flood damage, nuisance, and erosion
and to protect natural resources. The Committee shall consider the comments of the General Land
Office, federal and state natural resource agencies, and dune vegetation experts in determining the
appropriate mitigation method.
b. Permittees may mitigate adverse effects on dunes using vegetative or
mechanical means. Permittees shall:
i) restore dunes to approximate the naturally formed dune position or
location, contour, volume, elevation, vegetative cover, and sediment content in the area;
ii) allow for the natural dynamics and migration of dunes;
iii) use discontinuous or continuous temporary sand fences or a
Committee approved method of dune restoration, where appropriate, considering the characteristics
of the site; and
iv) restore or repair dunes using indigenous vegetation that will
achieve the same protective capability as or greater capability than the surrounding natural dunes.
c. In authorizing or requiring restoration of dunes, the Committee shall give
priority to stabilization of blowouts and breaches. Before permitting stabilization of washover areas,
the Committee shall:
i) assess the overall impact of the project on the beach/dune system;
ii) consider any adverse effects on hydrology and drainage which will
result from the project; and
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iii) require that equal or better public beach access be provided to
compensate for impairment of any public beach access previously provided by the washover area.
4. Compensation. a. Compensation means compensating for effects on dunes and
dune vegetation by replacing or providing substitute dunes and dune vegetation. Compensation
consists of replacement of the affected dunes or dune vegetation on the site where the dunes and
dune vegetation were originally located. The Committee shall set appropriate permit conditions
requiring permittees to compensate for all adverse effects on dunes and dune vegetation that can not
be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the Committee
shall consider the recommendations of the General Land Office, federal and state natural resource
agencies, and dune vegetation experts. Preference shall be given to stabilization of blowouts and
breaches.
b. Permittees shall follow the requirements of Subdivisions 3(b - c) and
4(e)(iii - v) of this Article when replacing dunes or dune vegetation.
c. On-site compensation consists of replacement of the affected dunes or
dune vegetation on the site where the dunes and dune vegetation were originally located. Permittees
shall locate compensation efforts on the construction site, where practicable.
d. A permittee may locate compensation efforts off the construction site if
the permittee demonstrates that:
i) on-site compensation is not practicable;
ii) the off-site compensation will be located as close to the
construction site as practicable;
iii) the off-site compensation has achieved a 1:1 ratio of proposed
adverse effects on successful, completed, and stabilized restoration prior to beginning construction;
and
iv) the permittee has notified FEMA, Region 6, of the proposed off -
site compensation.
e. Permittees shall provide the following information when proposing off-site
compensation:
i) the name, address, phone number, and fax number, if applicable,
of the owner of the property where the off-site compensation will be located;
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off-site compensation;
ii) a legal description of property intended to be used for the proposed
iii) the source of the sand and dune vegetation to be used;
iv) all information regarding permits and certificates issued for the
restoration of dunes and dune vegetation on the compensation site;
v) all relevant information regarding the success, current status, and
stabilization of the dune restoration efforts on the compensation site;
vi) any increase in potential flood damage to the site where the
adverse effects on dunes and dune vegetation will occur and to the public and private property
adjacent to that site; and
vii) the proposed date of initiation of the compensation.
f Permittees shall compensate for adverse effects on dune vegetation by
planting indigenous vegetation on the affected dunes. Permittees may not remove existing
vegetation from property not owned by the permittee unless the permittee includes in the permit
application written permission from the property owner. The permit application must identify the
source of any sand and vegetation which will be used in compensation.
g. Permittees shall begin compensation prior to or concurrently with the
commencement of construction. If compensation is not to be completed prior to commencement of
construction, the permittee shall provide proof of financial responsibility in an amount necessary to
complete the compensation, in the form of an irrevocable letter of credit, performance bond, or any
other instrument acceptable to the City.
h. Permittees shall notify the Department of Planning and Development in
writing of the actual date of initiation within 10 working days after compensation is initiated. If the
permittee fails to begin compensation on the date proposed in the application, the permittee shall
state the reason for the delay. The Committee shall take this reason into account when determining
whether a permittee has violated the compensation deadline.
i. Permittees shall conduct compensation efforts continuously until the
repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-
existing dunes and dune vegetation. These efforts shall include preservation and maintenance
pending completion of compensation.
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j. A compensation project is deemed complete when the position, contour,
volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre-existing
dunes and dune vegetation.
k. The Department of Planning and Development shall provide written
notification to the General Land Office upon determining that the compensation is complete. If the
Department does not receive an objection from the General Land Office regarding the completion
of compensation within 30 days after the General Land Office is notified in writing, the Department
may certify to the permittee that the compensation is complete.
1. The permittee shall be deemed to have failed to achieve compensation if
a 1:1 ratio has not been achieved within three years after the beginning of compensation efforts.
Secs. 10-30 - 10-35. Reserved.
ARTICLE IV. REQUIREMENTS FOR BEACHFRONT CONSTRUCTION
CERTIFICATES.
Sec. 10-36. Required Findings.
Before issuing a certificate authorizing proposed construction, the Committee must find that
the construction is consistent with these regulations. Construction is inconsistent with these
regulations if it:
A. reduces the size of the public beach in any manner, except for man-made vegetated
mounds and dune walkovers constructed in compliance with the requirements of these regulations;
B. closes any existing public beach access or public parking area, unless equivalent or better
public access or public parking is established as required in §10-37 of this Article (Dedication of
Equivalent or Better Access);
C. cumulatively, directly or indirectly impairs or adversely affects public use of or access
to and from a public beach, including failure to comply with any requirements of Article VI of these
regulations (Management of the Public Beach) unless equivalent or better public access or parking
is established as required in §10-37 of this Article (Dedication of Equivalent or Better Access); or
D. fails to comply with any requirements of Article III of these regulations (Requirements
for Dune Protection Permits) or Article V of these regulations (Concurrent Requirements for Dune
Protection Permits and Beachfront Construction Certificates).
Sec. 10-37. Dedication of Equivalent or Better Access.
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A. As required by General Land Office regulations, 31 TAC §§ 15.1, et. seq.,
implementing the Open Beaches Act, a permittee shall dedicate to the public new public beach
access or parking areas or roadways if the permittee's activities will:
1. close any existing public beach access or public parking area;
2. impair public use of or the public's right of access to and from the beach in
any manner except for duly recorded temporary easements which may be terminated according to
the temporary easement's own terms; or
3. prohibit vehicular traffic on the public beach and dedication is necessary to
comply with any requirements of Article VI of these regulations.
B. The area dedicated shall provide access or parking equivalent to or better than the
access or parking impaired and shall be consistent with the provisions of these regulations regarding
beach access and use, vehicular controls, and beach user fees. Dedication shall be by permanent
easement or fee simple conveyance.
C. Since the assurance of adequate public beach access and public off -beach parking for
the future are of the highest priorities of the Comprehensive Plan of the City, public parking and
beach access shall be dedicated consistent with the City's Comprehensive Plan and Platting
Ordinance park dedication requirements, in addition to any dedication that may be required in
paragraphs A and B above.
Secs. 10-38 -10-40. Reserved.
ARTICLE V. CONCURRENT REQUIREMENTS FOR BOTH DUNE
PROTECTION PERMITS AND BEACHFRONT CONSTRUCTION
CERTIFICATES
Sec. 10-41. General Erosion Protection Requirements.
Permittees shall:
A. locate all construction sufficiently landward so as not to become an encroachment on the
public beach;
B. not engage in any construction which may aggravate erosion;
C. not construct any new erosion response structure, except a retaining wall located greater
than 200 feet landward of the line of vegetation;
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D. not maintain or repair an existing erosion response structure located on the public beach;
E. not maintain or repair an existing erosion response structure located Less than 200 feet
landward of the vegetation line that is more than 50% damaged, except:
1. when failure to repair the damaged structure will cause unreasonable hazard to a
public building, public road, public water supply, public sewer system, or other public facility
immediately landward of the structure; or
2. when failure to repair the damaged structure will cause unreasonable flood hazard
to habitable structures because adjacent erosion response structures will channel floodwaters to the
habitable structure; and
F. not enlarge or improve an existing erosion response structure located less than 200 feet
landward of the vegetation line.
Sec. 10-42. General Flood Protection Requirements.
Permittees shall:
A. not engage in construction that does not comply with FEMA's regulations governing
construction in flood hazard areas; and
B. design construction so as to minimize impacts on natural hydrology. Construction shall
not cause erosion to adjacent properties, critical dune areas, or the public beach.
Sec. 10-43. Variances from Federal Requirements.
The City shall inform the General Land Office and FEMA Region 6 before it issues any
variance from FEMA's regulations found in Title 44 of the Code of Federal Regulations, Parts 59-77.
Sec. 10-44. Special Requirements for Eroding Areas.
A. "Eroding areas" are portions of the shoreline seaward of the Erosion Area Line and the
Erosion Area Restriction Line (Appendix III) experiencing an historical erosion rate greater than two
feet per year based on published data of the University of Texas at Austin, Bureau of Economic
Geology.
B. In addition to the other requirements of these regulations, in eroding areas, permittees
shall:
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1. construct structures in eroding areas in accordance with FEMA minimum
standards and elevations;
2. design structures located on property adjacent to the public beach so that the
structures can be relocated; and
3. not pave or alter the ground below the lowest habitable floor, except
stabilization of driveways using gravel or crushed limestone.
C. If there is any conflict between the requirements of this section and the requirements of
any other provision of these regulations, this section controls.
Sec. 10-45 -10-50. Reserved.
ARTICLE VI. MANAGEMENT OF THE PUBLIC BEACH.
Sec. 10-51. General Access Policies.
For the purposes of these regulations, beach access and use is presumed to be preserved if
the following criteria are met. The Concurrent Beach/Dune Committee shall use the following
policies when authorizing activities affecting or relating to public beach access and use.
A. Parking on or adjacent to the beach is adequate to accommodate one car for each 15 linear
feet of beach.
B. Where vehicles are prohibited from driving on and along the beach, ingress/egress access
ways are no farther apart than 1/2 mile.
C. Signs are posted which conspicuously explain the nature and extent of vehicular controls,
parking areas, and access points.
Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to Motor
Vehicles.
A. The following areas are designated as public vehicular access ways to and from the
public beach. Whitecap Boulevard is the only designated public vehicular accessway dedicated to
the City.
1. Beach Access Road # 2.
2. Mustang Island State Park Entrance Road - (Located within exempt area).
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3. Beach Access Road # 3 - (Located within exempt area).
4. Zahn Road.
5. Whitecap Boulevard.
6. Beach Access Road # 4.
7. Beach Access Road # 5.
8. Padre Balli Entrance Park Road.
9. Beach Access Road # 6.
10. Beach Access Road "North" - (Located within exempt area).
B. In accordance with V.T.C.A., Natural Resources Code, § 61.022, the City may
prohibit vehicular traffic on any portion or all of the public beach within its jurisdiction for public
safety purposes.
C. To the degree the City has such authority, the following areas shall be maintained as
public beach access parking areas:
I. Nueces County's Padre Balli Park parking areas.
2. Bob Hall Pier on -beach parking area.
D. To the degree the City has such authority, provisions facilitating access to the beach for
disabled persons shall be maintained at each of the above areas in compliance with the Americans
with Disabilities Act of 1990, as amended.
E. The barricaded day -use area between Whitecap Boulevard and Beach Access Road # 4
shall continue to be closed to vehicles.
F. The areas described in this section are shown on Appendix VI attached to these
regulations
G. Nothing in this Article shall serve to limit the authority of a police or peace officer
to temporarily limit pedestrian or vehicular access due to special occasions that may occur on the
Gulf Beach. These special occasions may include, but will not be limited to the following:
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1. Large crowds (anticipated or existing)
2. Environmental emergencies
3. Public safety emergencies
4. Traffic control emergencies.
Sec. 10-53. Abandonments of Public Access or Parking Areas Prohibited.
Any right, title, easement, right-of-way, street, path, or other interest that provides existing
or potential beach access or parking area, shall not be abandoned, relinquished, or conveyed unless
an equivalent or better beach access or parking area is first provided consistent with these
regulations.
Sec. 10-54. Interfering with Access Prohibited.
A. No person shall create, erect, or construct any obstruction, barrier, or restraint on or
within a public beach or public access way to and from the beach, that will interfere with the free
and unrestricted right of the public to use any public beach.
B. No person shall display or cause to be displayed on or adjacent to any public beach any
sign, marker, or warning, or make or cause to be made any written or oral communication or other
representation that the public beach, or a public access way to and from the public beach, is private
property not subject to use by the public. This provision does not prohibit signs or other written or
oral communications that areas landward of the vegetation line and access ways thereon, other than
public access ways, are private property.
Sec. 10-55. Post -Storm Assessment.
The Committee shall assess the status of the public beach boundary within 30 days after a
major storm or other event causing significant landward migration of the public beach. After the
assessment, the Committee shall inform the City Council, General Land Office and the Attorney
General's Office of any encroachments on the public beach within 10 days of completing the
assessment.
Sec. 10-56. Beach Closures.
A. Areas of the public beach may be closed in cases of public necessity by the City Council
or the City Manager, or his or her designee. "Public necessity" is limited to environmental
emergencies, public health and safety emergencies, and government entities' performance of
government functions whose importance justifies the restriction of public access. The closure shall
be limited to the smallest possible area and the shortest possible time necessary.
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B. These regulations do not restrict the ability of any peace officer or other official in any
extraordinary emergency to protect safety or property by exercising powers or carrying out duties
conferred on the officer under generally applicable law.
C. Part of the public beach may be closed for a maximum of three days each quarter of the
calendar year to allow a nonprofit organization to hold an event on the beach to which the public is
invited and to which the organization charges no more than a nominal admission fee.
Sec. 10-57. Littering Prohibited.
No person shall litter any public beach. "Litter" includes leaving unattended at any place
other than a proper disposal receptacle any trash or debris of any character, including food or
vegetable material or any remnant or residue thereof, used containers or packaging, or other refuse
such as glass, metal, wood, paper, or plastic materials.
Sec. 10-58. Camping.
Camping is prohibited on any public beach within the City of Corpus Christi except in
accordance with Chapter 36 of the City Code of Ordinances. "Camping" means occupying a site as
a dwelling place for any length of time, whether in a vehicle, tent or improvised shelter, sleeping bag
or without a shelter. Occupation of a site under the circumstances above for more than two (2) hours
at any time during the period from midnight to sunrise shall be presumed to be overnight camping.
(City Code §36-9).
Sec. 10-59. Animal Control.
A. No person shall intentionally, knowingly, or recklessly allow a dog or other animal to
attack or threaten any person or other animal on a public beach.
B. Control of animals shall be in accordance with Chapter 6 of the City Code of Ordinances.
Sec. 10-60. Monitoring.
The Committee or the General Land Office may require a permittee to conduct or pay for a
monitoring program to study the effects on the public beach of the permittee's coastal and shore
protection project. The permittee shall notify the General Land Office and the Department of
Planning and Development of any discernible change in the erosion rate caused by the project.
Sec. 10-61. Beach Nourishment Standards.
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A beach nourishment project shall not be authorized unless the Committee finds and the
project sponsor demonstrates that:
A. the project is consistent with all applicable requirements of these regulations;
B. the sediment to be used is of effective grain size, mineralogy, and quality or is the same
as the existing beach material;
C. the proposed nourishment material does not contain any toxic materials listed in Title 40
of the Code of Federal Regulations, §302.4, in concentrations which are harmful to people, flora, and
fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards
established by the local, state, and federal governments;
D. there will be no adverse environmental effects on the property surrounding the area from
which the sediment will be taken or to the site of the proposed nourishment;
E. the removal of sediment will not have any adverse impacts on flora and fauna; and
F. there will be no adverse effects caused from transporting the nourishment material.
Sec. 10-62. Dune Restoration Standards.
Except as otherwise expressly provided in these regulations, the restoration of dunes on a
public beach shall not be authorized unless the Committee finds and the project sponsor
demonstrates that the following requirements are met.
A. Except as provided in Subsection (B) of this section, restored dunes:
1. shall extend no more than 20 feet seaward of the landward boundary of the public
beach and the restoration area shall follow the natural migration of the vegetation line;
2. shall not restrict or interfere with public use of and access to and from the beach
at normal high tide;
3. shall be continuous with any surrounding naturally formed dunes;
4. shall approximate the natural position, contour, volume, elevation, vegetative
cover; and sediment content of any naturally formed dunes in the proposed dune restoration area;
5. shall be planted with indigenous vegetation that will achieve the same protective
capability as the surrounding natural dunes; and
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6. shall be afforded the same protection as naturally -formed dunes.
B. Restored dunes may be located farther seaward than the 20 foot restoration area only
upon:
1. an affirmative demonstration by the permit applicant that substantial dunes would
likely form farther seaward naturally; and
Office.
2. prior written approval of the General Land Office and the Attorney General's
C. The following methods or materials may be used to restore dunes:
1. piles of sand having similar grain size and mineralogy as the surrounding beach;
2. temporary sand fences conforming to General Land Office guidelines;
3. organic brushy materials such as used Christmas trees; and
4. sand obtained by scraping accreting beaches only if the scraping is approved by
the local government and the project is monitored to determine any changes that may increase
erosion of the public beach.
D. The following methods or materials shall not be used to restore dunes:
1. hard or engineered structures;
2. materials such as bulkheads, riprap, concrete, or asphalt rubble, building
construction materials, and any non -biodegradable items;
3. fine, clayey, or silty sediments;
4. sediments containing toxic materials listed in Title 40 of the Code of Federal
Regulations, §302.4 in concentrations which are harmful to people, flora, and fauna as determined
by applicable, relevant, and appropriate requirements for toxicity standards established by the local,
state, and federal governments; and
5. sand obtained by scraping or grading dunes or the beach.
E. Activities affecting restored dunes shall be subject to the requirements of these
regulations. Permittees shall not construct or maintain private structures on restored dunes within
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critical dune areas or seaward of a Dune Protection Line, except for specifically permitted dune
walkovers or similar access ways meeting the requirements of these regulations.
F. All applications or proposals for reconstructing dunes on the public beach shall be
forwarded to both the General Land Office and the Attorney General's Office at least 10 working
days prior to the decision on the application.
Sec. 10-63. Dune Walkovers.
A. Construction of dune walkovers or other beach access mechanisms which extend out onto
the public beach shall not be authorized unless the Committee finds and the project sponsor
demonstrates that the following requirements are met.
1. The walkover is restricted, to the greatest extent possible, to the most landward
point of the public beach.
2. The walkover is constructed and located in a manner that will not interfere with
or otherwise restrict public use of the beach at normal high tides.
B. Permittees shall relocate walkovers to follow any landward migration of the public beach
or seaward migration of dunes using the following procedures and standards.
1. After a major storm or any other event causing significant landward migration of
the landward boundary of the public beach, permittees shall shorten any dune walkovers encroaching
on the public beach to the appropriate length for removal of the encroachment.
2. In cases where the migration of the landward boundary of the public beach occurs
slowly over a period of time or where a dune walkover needs to be lengthened because of the
seaward migration of dunes, the permittee shall apply for a permit or certificate authorizing the
modification of the structure.
C. The beach will be accessible to disabled persons, consistent with the Americans with
Disabilities Act of 1990, as amended.
Sec. 10-64. Standards for Beach Maintenance and Other Activities.
A. Any beach maintenance or management activities that materially weaken dunes or dune
vegetation, reduce the protective functions of dunes, result in significant redistribution of sand, or
significantly alter the beach profile shall not be authorized or undertaken. All sand moved or
redistributed due to beach maintenance activities shall be returned to a location seaward of the Dune
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Protection Line. 'Beach maintenance" means the cleaning or removal of debris from the beach by
handpicking, raking, or mechanical means.
B. Beach maintenance and management measures are in accordance with these regulations
and the Interlocal Agreements between Nueces County, Kleberg County and City of Corpus Christi.
Secs. 10-65 - 10-70 Reserved.
ARTICLE VII. TRAFFIC.
Sec. 10-71. PUBLIC BEACH AS A STREET RIGHT-OF-WAY.
The City of Corpus Christi hereby accepts and designates the public beach as a street right-
of-way.
Sec. 10-72. OBSTRUCTION OF THE MAIN TRAVELED ROADWAY.
A. It shall be an offense for a person to drive or operate a motor vehicle on any portion
of the Gulf Beach other than on the main traveled roadway of such beach or stated parking areas.
Under no circumstances shall a person operate any vehicle on a sand dune seaward of the Dune
Protection Line.
B. It shall be an offense for any person to stop, park or leave standing any vehicle,
whether attended or unattended, upon the main traveled roadway of the Gulf Beach or Gulf Beach
Access Roads.
1. This Article shall not apply to the driver of any vehicle which is disabled
while on the main traveled roadway in such manner and to such extent that it is impossible to avoid
stopping and temporarily leaving such disabled vehicle in such position.
2. Whenever any police or peace officer encounters a vehicle, trailer, travel -
trailer, tent, umbrella, or other object placed, parked or left standing upon the main traveled roadway,
such officer is authorized to move or cause the removal of such vehicle, or items to a position off
the main traveled roadway.
C. It shall be an offense for a person, or persons, to take any actions which may interfere
with the safe passage of motor vehicles on and pedestrian activity along the main traveled roadway.
Sec. 10-73. VEHICULAR OPERATION.
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A. It shall be an offense for a person to drive or operate a motor vehicle on the beach in
willful or wanton disregard for the safety of persons or property.
B. It shall be an offense for a person to drive or operate a motor vehicle with persons
seated on the exterior of a motor vehicle. This shall not apply to a vehicle operated with persons
fully seated on the floor of the bed of a pickup truck.
C. It shall be an offense for a person to operate a motor vehicle with persons standing
on the exterior of any part of the motor vehicle.
D. It shall be an offense for a person to operate a motor vehicle towing any person,
object material, or item other than a registered trailer or other vehicle.
E. It shall be an offense for a person to operate a vehicle within fifty (50) feet of the
water's edge on any section of Gulf Beach within the incorporated city limits of the City of Corpus
Christi. This traffic regulation shall not apply to the following listed activities and segments of Gulf
Beaches:
1. Vehicle engaged in the actual launching or loading of water craft.
2. Beach maintenance, seawall maintenance, and emergency vehicles.
F. Vehicular traffic shall operate as one-way in a southerly direction between Whitecap
Blvd. and Beach Access Road 4.
Sec. 10-74. SPEED LIMITS.
No person shall operate or cause to be operated any motor vehicle at a speed in excess
of fifteen (15) miles per hour upon the beach section(s) within the incorporated city limits of the City
of Corpus Christi.
Sec. 10-75. PARKING.
A. The City Council of the City of Corpus Christi is authorized to regulate traffic by the
Texas Natural Resources Code, §61.129 and the City of Corpus Christi Code of Ordinances, Chapter
53, Traffic, and to require beach parking permits to be displayed on a motor vehicle parked upon any
portion of the Gulf Beach within the incorporated city limits of the City of Corpus Christi.
B. It shall be an offense for a person to park or leave standing, either attended or
unattended, a motor vehicle upon any portion of the Gulf Beach within the incorporated city limits
of the City of Corpus Christi where sign -posted with conspicuous regulatory signage requiring
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display of a beach parking permit without having placed on the vehicle a current beach parking
permit.
C. It shall be an offense for any vehicle to be parked within twenty-five (25) feet of the
water's edge or within 10 feet of any sand dune (including coppice mound area), or as otherwise
directed by signage conspicuously sign -posted on any Gulf Beach located within the incorporated
city limits of the City of Corpus Christi.
D. It shall be an offense for any vehicle to be parked within thirty (30) feet of a manned
lifeguard station.
E. It shall be an offense for any person to park or place any vehicle, trailer, travel -trailer,
tent, umbrella, or other object on any portion of the beach which, when so parked or placed in
conjunction with any other vehicle, trailer, travel -trailer, tent, umbrella, or other object, interferes
with or obstructs vehicular or pedestrian traffic on any portion of the main traveled roadway or beach
accessway, or which shall constitute a restraint, barrier or obstruction so as to interfere with the
rights of the public, individually or collectively, to the free and unrestricted use of the beach
F. The parking of a vehicle within stated areas, or in violation of the terms expressed
herein, whether by signage or on-site instruction by police or peace officer(s), shall constitute an
offense.
Sec. 10-76. PEDESTRIAN CROSSINGS.
A. The City of Corpus Christi, or its designee, may place signs stating "STOP FOR
PEDESTRIANS" facing the direction from which traffic is authorized to travel.
B. Such signs shall be placed in a manner to regulate the flow of traffic so as to allow
the safe passage of pedestrian traffic across the area of Gulf Beach intended as the main traveled
roadway.
C. It shall be an offense for the operator of any motor vehicle to fail to come to a
complete stop or to slow to an appropriate approach speed when a pedestrian is within the immediate
area of said signage stating "STOP FOR PEDESTRIANS", and attempting to cross the traveled
portion of the Gulf Beach. Said signs to be placed by authority granted within the City of Corpus
Christi's Code of Ordinances, Chapter 53 - Traffic.
D. Pedestrians shall have the right-of-way and vehicles shall stop or slow to an
appropriate approach speed to allow pedestrians to cross to and from the beach.
Sec. 10-77. Reserved.
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Sec. 10-78. AUTHORIZED AND EMERGENCY VEHICLES.
The prohibitions in this Article do not apply to an authorized emergency vehicle, beach
patrol, police, safety, or maintenance vehicle operating within the scope of official duties.
Secs. 10-79 - 10-85 Reserved.
ARTICLE VIII. FEES.
Sec. 10-86. Beach User Fee.
A. 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, a
fee for each vehicle/pedestrian may be charged by subsequent Council action to do so. Although
the City has the specific authority to establish a beach parking fee, the City is not establishing a
beach parking permit fee. However, the City may allow by interlocal agreement Nueces County and
Kleberg County to establish and enforce such beach user fees.
B. No fee shall be charged in the public beach areas designated in Appendix VII.
Sec. 10-87. Use of Fee Revenue.
A. Revenues from beach user fees may be used only for beach -related services.
B. "Beach -related services" means 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; the cleaning or removal of debris from the beach by handpicking, raking, or
mechanical means; 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.
Sec. 10-88. Indirect Costs and Accounting.
A. No more than 10% of beach user fee revenues shall be expended on reasonable indirect
costs related to beach -related services.
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B. "Indirect costs" means costs of administrative programs, services, or personnel that
partially support beach -related services and to which beach user fee revenues are applied using a
general rather than detailed method of apportionment.
C. The controlling authority shall administer the beach user fee program in accordance with
the Interlocal Agreements (Appendix VIII) between Nueces County, Kleberg County and the City
of Corpus Christi regarding beach user fees. Quarterly reports will be sent to the General Land
Office in accordance with interlocal agreements. The reports shall state the amount of beach user
fee revenues collected and itemizing how beach user fee revenues are expended Beach user fee
revenues shall be maintained and accounted for so that fee collections may be directly traced to
expenditures on beach -related services. Beach user fee revenues shall not be commingled with any
other funds and shall be maintained in special accounts Beach user fee revenue expenditures shall
be documented in a separate financial statement for each different beach user fee Beach user fee
revenue account balances and expenditures shall be documented according to generally accepted
accounting principles.
Secs. 10-89 - 10-96. Reserved.
ARTICLE IX. PENALTIES.
Sec. 10-97. Penalties.
A. A person convicted of an offense for a violation of any provision of this Chapter shall be
fined not more than five hundred dollars ($500.00). Each day any violation of this Chapter shall
continue shall constitute a separate offense.
B. Any person who violates either the Dune Protection Act, the Open Beaches Act, these
regulations, or a permit or certificate condition is liable for a civil penalty of not less than $50 nor
more than $1,000 per violation per day. Each day the violation occurs or continues constitutes a
separate violation. Violations of the Dune Protection Act, the Open Beaches Act, and the rules
adopted pursuant to those statutes are separate violations. The assessment of penalties under one Act
does not preclude another assessment of penalties under the other Act. Conversely, compliance with
one statute and the rules adopted thereunder does not preclude penalties under the other statute and
the rules adopted pursuant to that statute.
Secs. 10-98 -10-100. Reserved.
ARTICLE X. GENERAL PROVISIONS.
Sec. 10-101. Construction.
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A. These regulations and all orders, resolutions, or other enactments related to or pursuant
to these regulations shall be read in harmony with city ordinances of general applicability.
B. Where any provisions of these regulations impose restrictions different from those
imposed by any other provisions of the City of Corpus Christi Code of Ordinances or any other City
ordinance, or any other provision of law, whichever provisions are more restrictive or impose higher
standards shall control.
C. ARTICLE VII, Traffic, Section 10-57, Littering Prohibited, and Sec. 10-59, Animal
Control are included for state approval and information purposes and shall not become effective until
passage of a separate ordinance by the City Council.
Sec. 10-102. Boundary Determinations.
Determinations on issues related to the location of the boundary of the public beach and
encroachments on the public beach shall be made in accordance with the Open Beaches Act, as
amended.
Sec. 10-103. Beaches Presumed to be Public.
It shall be presumed that any beach fronting the Gulf of Mexico is a public beach unless the
owner of the adjacent land obtains a declaratory judgment otherwise under the Open Beaches Act,
as amended. A showing that the area in question is located in the area from mean low tide to the
line of vegetation is prima facia evidence that:
A. The title of the littoral owner does not include the right to prevent the public from
using the area for ingress and egress to the sea; and
B. There is imposed on the area, a common law right or easement in favor of the public
for ingress and egress to the sea.
Sec. 10-104. General Prohibition.
A person commits an offense if the person violates any provision of these regulations or any
permit or certificate or the conditions contained therein.
Sec. 10-105. Appeals and Declaratory Judgement Suits.
A. Declaratory Judgement Suits (V.T.C.A., Natural Resources Code § 61.019).
95NH2850.3kx.njh (aar)
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1. A littoral owner whose rights are determined or affected by this subchapter
may bring suit for a declaratory judgement against the state to try the issue or issues.
2. Service of citation on the state shall be made by serving the citation on the
Attorney General.
B. Appeal by Littoral Owner (V.T.C.A., Natural Resources Code § 63.151).
A littoral owner aggrieved by a decision of the commissioners court under this chapter may appeal
to a district court in that county.
Secs. 10-106 - 10-110. Reserved.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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APPENDICES
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APPENDIX XIV
FOUNDING POLICIES
The regulations promulgated herein are based partially on the Comprehensive Plan including but not
limited to the following policies:
GENERAL POLICIES (as extracted from 31 TAC Chapter 15, Coastal Area Planning)
1. Protect the public health and safety, and in doing so, to protect, preserve, restore, and
enhance coastal natural resources of the barrier islands, bordering the Gulf of Mexico, and the
floodplains, beaches, and dunes located there.
2. Aid coastal landowners and governmental entities in using beachfront property in a
manner compatible with preserving public and private property, protecting the public's right to
benefit from the protective and recreational functions of a healthy beach/dune system, conserving
the environment, conserving flora and fauna and their habitat, ensuring public safety, and
minimizing loss of life and property due to inappropriate coastal development and the destruction
of protective coastal natural features.
3. Foster mutual respect between public and private property owners and to coordinate with
and assist other local and state governments in managing the Texas coast so that the interests of both
the public and private landowners are protected.
4. Promote dune protection and ensure that adverse effects on dunes and dune vegetation are
avoided whenever practicable. If such adverse effects cannot be avoided and have been minimized,
every effort must be made to repair, restore, and rehabilitate existing dunes and dune vegetation.
5. Prevent the destruction and erosion of public beaches and other coastal public resources,
to encourage the use of environmentally sound erosion response methods, and to discourage those
methods such as rigid shorefront structures which can have a harmful impact on the environment and
public and private property.
6. Aid populated areas located on the barrier islands bordering the Gulf of Mexico which
are extremely vulnerable to flooding and property damage due to violent storms by working to
reduce flood losses, by minimizing any waste of public funds in the national flood insurance
program, and by ensuring that the insurance remains available and affordable.
7. Protect the public's right of access to, use of, and enjoyment of the public beach and
associated facilities and services as established by state common law and statutes. The public has
vested property rights in Texas' public beaches, and free use of and access to and from the beaches
are guaranteed. The Open Beaches Act requires local governments to preserve and enhance use of
public beaches and access between the beaches and public roads. If an access point must be closed,
then existing law requires it to be replaced with equal or better access consistent with the appropriate
95NH2850.3kx.njh (aar)
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local dune protection and beach access plan. Whenever practicable, public beach use and access
shall be enhanced.
8. Provide coordinated, consistent, responsive, timely, and predictable governmental
decision making and permitting processes.
9. Recognize that the beach/dune system contains resources of statewide value and concern,
which local governments are in the best position to manage on a daily basis.
10. Educate the public about coastal issues such as dune protection, beach access, erosion,
and flood protection, and to provide for public participation in the protection of the beach/dune
system and in the development and implementation of the Texas Coastal Management Program.
LOCAL ACTION POLICIES
1. The City of Corpus Christi will pursue park dedication as required through the Platting
Ordinance for unplatted areas and those areas which have platted properties and the park dedication
commitment has not been fulfilled. Parkland dedication will be accepted in land, money -in -lieu -of -
land, or any appropriate combination emphasizing public parking and access to the beach.
2. The City will actively support the establishment of the Dune Protection Line at the
easternmost line of the North Padre Island Seawall.
3. The City will actively seek funding through the General Land Office, other federal and
state agencies, and other public sources to purchase and develop an area landward of the Seawall to
provide a minimum of 300 public parking spaces. Subsequent to purchase and development of the
parking area landward of the seawall, the City will take action to close permanently the beach
seaward of the Seawall to vehicular traffic for safety purposes.
4. The City will actively seek funding through the General Land Office, other federal and
state agencies and other public sources for the purchase and development of six off -beach parking
and beach access parks within the area between the Mustang Island State Park and the Port Aransas
City Limits and east of S.H. 361.
5. The City recommends that Nueces County establish a definitive policy to temporarily
prohibit vehicular movement on the beach to protect beach users in the area seaward of the Seawall.
Specifically, the City recommends that a safety corridor be established between the bottom of the
Seawall and the waters edge of a minimum 75 foot width or vehicular traffic will be prohibited from
driving on the beach at the Seawall.
6. In order to increase access to the beach seaward of the Seawall, the City will aggressively
pursue the permanent dedication of Beach Access Road No. 3-A and the two existing private
pedestrian walkways currently owned by private interests.
95NH2850.3kx.njh (aar)
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7. The City will request the General Land Office and the Texas Parks and Wildlife
Department to provide public access points at a minimum of one mile intervals within any lands
controlled by respective State agencies which are located adjacent to the Gulf Beach. The City will
encourage the GLO and the TPWD to provide additional recreational vehicle sites within State lands
on Padre and Mustang Islands. The City will request the Department of Interior to provide public
access points at a minimum of one mile intervals within any lands controlled by the federal
government which are located adjacent to the Gulf Beach. The City will encourage the Department
of Interior and National Park Service to provide additional recreational vehicle sites within federal
lands on Padre and Mustang Islands.
8. The City encourages the retention of access to the public beach through the means of
private easements to accommodate all property between S.H. 361 and the public beach should
current beach access be restricted through future sub -division of these properties.
9. Where the developer is proposing public roadways, the City will encourage the use of
paralleling roadways and alternative street standards included in the Plan.
95NH2850.3kx.njh (aar)
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That the foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 19 by the following vote:
Mary Rhodes Edward A. Martin
Dr. Jack Best Dr. David McNichols
Melody Cooper Clif Moss
Cezar Galindo David Noyola
Betty Jean Longoria
That the foregoing ordinance was read for the second time and passed finally on this the day
of , 19 , by the following vote:
Mary Rhodes Edward A. Martin
Dr. Jack Best Dr. David McNichols
Melody Cooper Clif Moss
Cezar Galindo David Noyola
Betty Jean Longoria
PASSED AND APPROVED, this the day of , 19
ATTEST:
Armando Chapa, City Secretary MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED AS TO FORM THIS 9TH DAY OF FEBRUARY, 1995:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
Norbert J. Hart, Assistant City Attorney
95N1-12850.3kx.njh (aar)
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48
95NH2850.3kxnjh (aar)
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APPENDICES
DIVISION D.
Major Group
Major
Major
Major
Group
Group
Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
Major Group
APPENDIX I
MANUFACTURING
20. Food and kindred products, except Industry
Numbers 2091 and 2092
21. Tobacco products
22. Textile mill products -
23. Apparel and other finished products made from
fabrics and similar materials
24. Lumber and wood products, except furniture
25. Furniture and fixtures
26. Paper and ailied products
27. Printing, publishing, and allied industries
28. Chemicals and allied products
29'. Petroleum refining and related industries
30. Rubber and miscellaneous plastics products
31. Leather and leather products
32. Stone, clay, glass, and concrete products
33. Primary metal. industries
34. Fabricated metal products, except machinery
and transportation equipment
35. Industrial and commercial machinery and
computer equipment
36. Electronic and other electrical equipment and
components, except computer equipment
37. Transportation equipment
38. Measuring, analyzing, and controlling
instruments: photographic, medical and
optical goods; watches and clocks
39 Miscellaneous manufacturing industries
DIVISION E. TRANSPORTATION, COMMUNICATIONS, ELECTRIC, GAS, AND
SANITARY SERVICES
Major Group 49. Sanitary services (sewerage systems, refuse
systems, sanitary services not elsewhere
classified)
HISCELLANEOUS FOOD PREPARATIONS AND KINDRED PRODUCTS
2092 Prepared Fresh or Frozen Fish and Seafoods
Establishments primarily engaged in preparing fresh and raw
or cooked frozen fish and other seafoods and seafood
preparations, such as soups, stews, chowders, fishcakes,
crabcakes, and shrimpcakes. Prepared fresh fish are eviscerated
or processed by removal of heads, fins, or scales. This industry
also includes establishments primarily engaged in the shucking
and packing of fresh oysters in nonsealed containers.
- Chowders, fish and seafood: frozen
- Crabcakes, frozen
- Crabmeat picking
- Crabmeat, fresh: packed in nonsealed containers
- Fish and seafood cakes, frozen
- Fish Fillets
- Fish sticks
- Fish: fresh and frozen, prepared
- oysters, fresh: shucking and packing in nonsealed containers
- Seafoods, fresh and frozen
- Shellfish, fresh and frozen
- Shellfish, f-resh: shucked,picked; or -packed
- Shrimp, fresh and.frozen-
- Soups, fish and seafood: ft -view
- Stews, fish and seafood: frozen-
2091 Canned and Cured Fish and Seafoods
Establishments primarily engaged in cooking and canning
fish, shrimp, oysters, clams, crabs, and other seafoods,
including soups: and those engaged in smoking, salting, drying,
or otherwise curing fish and other seafoods for the trade.
Establishments primarily engaged in shucking and packing fresh
oysters in nonsealed containers, or in freezing or preparing
fresh fish, are classified in Industry 2092_
- Canned fish, crustacea, and mollusks
- Caviar, canned
- Chowders, fish and seafood: canned
- Clam bouillon, broth, chowder, juice: bottled or canned
- Codfish: smoked, salted, dried, and pickled
- Crab meat, canned and cured
- Finnan haddie (smoked haddock)
- Fish and seafood cakes: canned
- Fish egg bait, canned
- Fish, canned and cured
- Fish: cured, dried, pickled, salted, and smoked
- Herring: smoked, salted, dried, and pickled
- Mackerel: smoked, salted, dried, and pickled
- Oysters, canned and cured
- Salmon: smoked, salted, dried, canned, and pickled
- Sardines, canned
- Seafood products, canned and cured
- Shellfish, canned and cured
- Shrimp, canned and cured
- Soups, fish and seafood: canned
- Stews, fish and seafood: canned
- Tuna fish, canned
GULF OF MEXICO
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APPENDIX IV
FLOW CHART OF
APPLICATION PROCESS
FOR MASTER PLANNED DEVELOPMENT
APPLICATION SUBMITTED TO
DEPARTMENT OF PLANNING AND DEVELOPMENT
3 WORKING DAYS:
1
DEPARTMENT OF PLANNING AND DEVELOPMENT:
1) Determines application complete;
2) Schedules Beach/Dune Committee meeting- and
3) Advises applicant of Items 1 and 2.
3 WORKING DAYS:
i
DEPARTMENT OF PLANNING AND DEVELOPMENT FORWARDS TO
ANT GENERAL LAND OFFICE AND ATTORNEY GENERAL:
1) Completed application- and
2) Associated information.
14 WORKING DAYS:
i
DEPARTMENT OF PLANNING AND DEVELOPMENT
RECEIVES STATE COMMENTS IF ANY:
8 10 WORKING DAYS:
l
DEPARTMENT OF PLANNING AND DEVELOPMENT
FORWARDSTOBEACH/DUNE COMMITTEE:
1) Completed application;
2) City Staff recommendation; and
3) State's comments if any.
5-4G 15 WORKING DAYS:
4
BEACH/DUNE COMMITTEE MAKES RECOMMENDATION.
50-70
WORKING DAYS
33-20-25 WORKING DAYS:
CITY COUNCIL TAKES ACTION ON ORDINANCE.
3 5 WORKING DAYS:
CITY SUBMITS APPROVED ORDINANCE TO GLO/AG'S
OFFICE FOR APPROVAL
60 DAYS (OR 14 42 WORKING DAYS).
88-68 97-117 TOTAL WORKING DAYS
Note: Additional information may be requested at any point by Staff, GLO,
AG, Planning Commission, or City Council.
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APPENDIX VI
INVENTORY OF DESIGNATED
PARKING AREAS AND
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APPENDIX VIII
INTERGOVERNMENTAL AGREEMENT
BEACH CLEANING
This Agreement is entered into between Nueces County (County) and the City of
Corpus Christi (City) for purposes of the Texas Intergovernmental Cooperation Act,
Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental
responsibilities.
I.
SERVICES PROVIDED
County agrees to provide the following services on the public Gulf beaches at Padre
Island annexed by City under Ordinance No. 16752 passed and approved by the City Council
on the 9th day of December, 1981, and under Ordinance No. 20140 passed and approved
on the 29th day of December, 1987, as shown on map Exhibit "A", attached and made a part
hereof for all purposes ("City Gulf Beach"):
(a) Three (3) lifeguards and lifeguard stations to be positioned and deployed
to provide adequate coverage of the City Gulf Beach during the period on or
about May 25 through September 5, or Labor Day, whichever is sooner, for
each year this Agreement is in effect;
(b) Portable restroom facilities, as needed, with a minimum of six (6)
deployed at any time from May 15 through September 5 for each year this
Agreement is in effect;
(c) Trash receptacles as needed; and
(d) Maintenance personnel, supervisors, support personnel, and equipment
to adequately clean and maintain the described beach and facilities and to
pick up accumulated trash, debris, seaweed, oil and tar wash-ups and to haul
such accumulations to approved dump sites, in accordance with standard
operating maintenance procedures on adjacent beaches and rules promulgated
by the Texas General Land Office covering the City Gulf Beach.
II.
CONSIDERATION
This Agreement recognizes that the County collects beach parking permit fees in the
City Gulf Beach area. The form of consideration to be provided by City to satisfy beach
service expenses incurred by the County shall not exceed $100,000 without the City
Manager's prior written approval, and shall be paid in cash, credit for revenue derived from
the beach parking permit fees inside City limits, or mutually agreed upon in-kind goods and
2
services provided at mutually agreed market prices. The itemized bill shall be for actual
expenses incurred by County for cleaning the City Gulf Beach inside the City of Corpus
Christi, plus the cost of the three (3) lifeguards, and the portable restrooms and trash
receptacles located on the City Gulf Beach.
The County shall send a quarterly itemized bill to the City for services rendered.
City shall pay County in the manner set out above within thirty (30) days after receipt of the
quarterly bills.
III.
TERM
This Agreement runs from August 1, 1992, through July 31, 1993, and automatically
renews under the same conditions if neither party has notified the other its desire to
terminate the Agreement thirty (30) days prior to each July 31, or as provided for in
paragraph IV.
The County acknowledges the City's authority and capacity to be bound to such terms
depends upon the City Council's budgeting to cover or fund this contract for each successive
term.
IV.
DEFAULT
In the event the City fails to perform or comply with any terms or conditions of the
Agreement, the County may terminate the Agreement after giving the City thirty (30) days
notice in writing of the failure to comply with the Agreement. The City shall have thirty
(30) days to cure any default.
In the event the County fails to perform or comply with any terms or conditions of
the Agreement, the City may terminate the Agreement after giving the County thirty (30)
days notice in writing of the failure to comply with the Agreement. The County shall have
thirty (30) days to cure any default.
V.
GOVERNMENTAL SERVICE
This Agreement is between City and County for the purpose of providing
governmental services and is not for the benefit of any third party or individual.
3
VL
ENTIRETY CLAUSE
This Agreement expresses the entire Agreement between the parties. Any
modification, amendment, or addition to this Agreement shall not be binding upon the
parties unless reduced to writing and signed by persons authorized to make such agreements
on behalf of the respective party.
EXECUTED IN DUPLICATE ORIGINALS on the J day of,1993.
ATTEST: CITY OF CORPUS CHRISTI
Lando Chapa, City Secretory
APPROVED: James R. Bray:
By: �/ y �c�Aq aitar
Alisonallaway
Assistant City Attorney
ATTEST:
By:
7 r
Attorney
Attorney
By:
NUECES COUNTY, TEXAS
County; Judge
i G rAUTRORIZEG
BY COUNCIL a /
SECRETARY
09/25/19.91 Oc--'a FROM Reach Services
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APPENDIX IX
Interlocal Agreement for Dune Protection Act with Nueces County (Reserved)
APPENDIX X
. CITY/COUNTY DUNE PROTECTION
PERMITTING INTERLOCAL AGREEMENT
STATE OF TEXAS
COUNTY OF KLEBERG §
I.
PARTIES
The parties to this Interlocal Agreement are Kleberg County, Texas, a political subdivision
of the State of Texas, hereinafter referred to as "County" and the City of Corpus Christi, a Texas
home rule municipality, hereinafter referred to as "City."
II.
PURPOSE
(a) In a continuing effort to consolidate activities within the appropriate jurisdiction in order
to promote efficiency in local government, the City and the County mutually agree that the
administration of dune protection (Chapter 63 of the Texas Natural Resources Code) should be
undertaken by the City.
(b) The parties enter into this Interlocal Agreement pursuant to the Texas Government Code
Chapter 791 (Interlocal Cooperation Act) and pursuant to the terms of Texas Natural Resources
Code § 63.011(b) to the effect that the County by this Agreement hereafter delegates to the City the
administration of Chapter 63 of the Texas Natural Resources Code within the corporate limits and
extraterritorial jurisdiction of the City within Kleberg County, subject, however, to the terms and
exceptions of this Agreement.
TERM
The term of this Agreement shall commence on the latest date when both parties have affixed
the authorized signatures hereto and shall extend for one (1) year from the date of said signatures.
This Agreement shall automatically renew annually on the anniversary date of the commencement of
the Agreement.
IV.
AUTHORITY TO THE CITY
The City is hereby delegated the authority to administer the provisions of Chapter 63 of the
Texas Natural Resources Code within the corporate limits of the City and the extraterritorial
jurisdiction of the City.
V.
CITY PLANNING COMMISSION
The parties agree that the Planning Commission of the City of Corpus Christi shall act for the
City of Corpus Christi in administering Chapter 63 of the Texas Natural Resources Code. Appeal
from an action by the City Planning Commission may be made to the City Council in accordance with
the City Charter.
VI.
BEACH CLEANING
The parties agree that all beach cleaning activities and all state funded reimbursements for
beach cleaning activities will be the sole province and under the sole jurisdiction of the County.
VII.
TERMINATION
(a) The parties agree that either party may terminate this Agreement without cause on the
annual anniversary date by providing sixty (60) days prior written notice of intent to terminate this
agreement.
(b) Upon termination, all authority to administer Chapter 63 of the Texas Natural Resources
Code with respect to areas within the corporate limits and extraterritorial jurisdiction of the City and
in the County shall revert to the County, subject to the conditions set forth below.
(c) All applications for dune protection permits received by the City after the date of receipt
by either party of notice of intent to terminate shall be forwarded to the County Judge within ten (10)
days.
(d) All applications for dune protection permits in the possession of the City at the time of
receipt by either party of notice of intent to terminate shall be fully administered by the City,
notwithstanding the fact that the grant or denial of a permit to an applicant may extend beyond the
termination date of this Agreement.
2
VIII.
MISCELLANEOUS PROVISIONS
(a) Notice required by this Agreement may be given or served by depositing the same in the
United States Mail, in certified or registered form, postage prepaid, addressed to the party or parties
to be notified, or by delivering the same in person to such party or parties. Notice deposited in the
United States Mail in the manner herein prescribed shall be effective upon deposit. The address of
the parties is as follows:
City of Corpus Christi, Texas
Attention: City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
Kleberg County
Attention: Kleberg County Judge
Kleberg County Courthouse
Kingsville, Texas 78363
(b) No waiver by either party of any default or violation or breach of the terms, provisions,
and covenants contained in this Agreement shall be deemed or construed to constitute a waiver of
any other violation or breach of any of the terms, provisions, and covenants of this Agreement.
(c) This Agreement constitutes the only agreements of the parties and supersedes any
understandings or written or oral agreements between the parties respecting the subject matter of this
Agreement. Any changes or modifications to this Agreement must be made in writing and approved
by both parties.
EXECUTED in duplicate originals this / day of , 1994.
ATtEST:
ando Chapa, City Secre
CITY OF CORPUS CHRISTI
1,--,c4uan-Gama, City Ma[rager
APPROVED THIS THE 29TH DAY OF SEPTEMBER, 1994.
JAMES R. BRAY, CITY ATTORNEY1
Stol 'fiafre
By:
rbert J. Hart, Assij ity Attorney
m9 — 2- MJTHCRiZ
3
APPENDIX XI
COASTAL AREA PLANNING
CHAPTER 15. COASTAL AREA PLANNING
SUBCHAPTER A. MANAGEMENT OF
THE BEACH/DUNE SYSTEM
Section
15.1. Policy.
152. Definitions.
15.3. Administration.
15.4. Dune Protection Standards.
15.5. Beachfront Construction Standards.
15.6. Concurrent Dune Protection and Beachfront Con-
struction Standards.
15.7. Local Government Management of the Public
Beach.
15.8. Beach User Fees.
15.9. Penalties.
15.10. General Provisions.
SUBCHAPTER D. CERTIFICATION
OF COASTAL WETLANDS
15.51. Policy; Scope of Rules: Definitions.
15.52. Criteria for Certification: Assignment of Priori-
ties for Acquisition; Revocation of Certifica-
tion.
15.53. Certification Procedure.
15.54. Revocation of Certification by Commissioner.
SUBCHAPTER E. INTERIM APPROVAL OF LO-
CAL GOVERNMENT DUNE PROTECTION
AND BEACH ACCESS PLANS
15.70. Policy.
15.71. Definitions.
15.72. Administration.
15.73. Dune Protection Standards.
15.74. Beachfront Construction Standards.
15.75. Concurrent Dune Protection and Beachfront
Construction Standards.
15.76. Local Government Management of the Public
Beach.
15.77. Beach User Fees.
15.78. Penalties.
15.79. General Provisions.
Authority: The provisions of this Chapter 15 issued under the
Texas Natural Resources Code, 4461.011, 61.015(6), and 63.121,
unless otherwise noted.
SUBCHAPTER A. MANAGEMENT OF
THE BEACH/DUNE SYSTEM
Authority: The provisions of this Subchapter A issued under the
Texas Natural Resources Code. 4461.011, 61.015(b). and 63.121.
§ 15.1. Policy
The General Land Office has identified the fol-
lowing goals as a basis for managing and regulat-
ing human impacts on the beach/dune system:
(1) to assist coastal citizens and local govern-
ments in protecting public health and safety and
in protecting, preserving, restoring, and enhanc-
ing coastal natural resources including barrier
97
31 TAC § 15.1
islands and peninsulas. mainland areas border-
ing the Gulf of Mexico. and the floodplain,
beaches, and dunes located there:
(2) to aid coastal landowners and local govern-
ments in using beachfront property in a manner
compatible with preserving public and private
property, protecting the public's right to benefit
from the protective and recreational functions of
a healthy beach/dune system. conserving the en-
vironment, conserving flora and fauna and their
habitat. ensuring public safety, and minimizing
loss of life and property due to inappropriate
coastal development and the destruction of pro-
tective coastal natural features;
(3) to foster mutual respect between public and
private property owners and to assist local gov-
ernments in managing the Texas coast so that the
interests of both the public and private landown-
ers are protected;
(4) to promote dune protection and ensure that
adverse effects on dunes and dune vegetation are
avoided whenever practicable. If such adverse
effects cannot be avoided and have been mini-
mized, every effort must be made to repair. re-
store, and rehabilitate existing dunes and dune
vegetation;
(5) to prevent the destruction and erosion of
public beaches and other coastal public re-
sources, to encourage the use of environmentally
sound erosion response methods, and to discour-
age those methods such as rigid shorefront struc-
tures which can have a harmful impact on the
environment and public and private property;
(6) to aid communities located on barrier is-
lands, peninsulas, and mainland areas bordering
the Gulf of Mexico which are extremely vulnera-
ble to flooding and property damage due to vio-
lent storms by working to reduce flood losses, by
minimizing any waste of public funds in the
National Flood Insurance Program, and by en-
suring that the insurance remains available and
affordable;
(7) to protect the public's right of access to, use
of, and enjoyment of the public beach and associ-
ated facilities and services as established by state
common law and statutes. The public has vested
property rights in Texas' public beaches, and free
use of and access to and from the beaches are
guaranteed. The Open Beaches Act requires local
governments to preserve and enhance use of
public beaches and access between the beaches
31 TAC § 15.1
and public roads. If an access point must be
closed, then existing law requires it to be re-
placed with equal or better access consistent
with the appropriate local dune protection and
beach access plan. Whenever practicable, local
governments should enhance public beach use
and access;
(8) to provide coordinated, consistent, respon-
sive, timely, and predictable governmental deci-
sion making and permitting processes;
(9) to recognize that the beach/dune system
contains resources of statewide value and con-
cern, which local governments are in the best
position to manage on a daily basis. This sub-
chapter is designed to provide local governments
with the necessary tools for effective coastal
management and are regarded as a minimum
standard; local governments are encouraged to
develop procedures that provide greater protec-
tion for the beach/dune system; and
(10) to educate the public about coastal issues
such as dune protection, beach access, erosion,
and flood protection, and to provide for public
participation in the protection of the beach/dune
system and in the development and implementa-
tion of the Texas Coastal Management Program.
Sours= The provisions of this 415.1 adopted to be effective
February 17, 1993, 18 TexReg 661.
§ 15.2. Definitions
The following words and terms, when used in
this subchapter, shall have the following meanings,
unless the context clearly indicates otherwise.
Affect—As used in this subchapter regarding
dunes, dune vegetation, and the public beach, "af-
fect" means to produce an effect upon dunes, dune
vegetation, or public beach use and access.
Amenities—Any nonhabitable major structure in-
cluding swimming pools, bathhouses, detached ga-
rages, cabanas, pipelines, piers. canals, lakes,
ditches, artificial runoff channels and other water
retention structures, roads, streets, highways, park-
ing areas and other paved areas (exceeding 144
square feet in area), underground storage tanks,
and similar structures.
Applicant—Any person applying to a local gov-
ernment for a permit and/or certificate for any
construction or development plan.
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 fore -
GENERAL LAND OFFICE
dunes and the foredune ridge have been destroyed
by natural or human activities.
Beach access—The right to use and enjoy the
public beach, including the right of free and unre-
stricted ingress and egress to and from the public
beach.
Beach/dune system—The land from the line of
mean low tide of the Gulf of Mexico to the land-
ward limit of dune formation.
Beachfront construction certificate or certifi-
cate—The document issued by a local government
that certifies that the proposed construction either
is consistent with the local government's dune pro-
tection and beach access plan or is inconsistent
with the local governments dune protection and
beach access plan. In the latter case, the local
government must specify how the construction is
inconsistent with the plan, as required by the Open
Beaches Act, §61.015.
98
Beach maintenance—The cleaning or removal of
debris from the beach by handpicking, raking, or
mechanical means.
Beach profile—The shape and elevation of the
beach as determined by surveying a cross section
of the beach.
Beach -related services—Reasonable and neces-
sary 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, manage-
ment, and parking (including acquisition and main-
tenance of off -beach parking and access ways);
sanitation and litter control; lifeguarding and life-
saving; beach maintenance; law enforcement;
beach nourishment projects; beach/dune system
education; beach/dune protection and restoration
projects; providing public facilities such as rest -
rooms, showers, lockers, equipment rentals, and
picnic areas; recreational and refreshment facili-
ties; 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.
Beach user fee—A fee collected by a local gov-
ernment 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.
Blowout—A breach in the dunes caused by wind
erosion.
COASTAL AREA PLANNING
Breach—A break or gap in the continuity of a
dune caused by wind or water.
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:
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 nourish-
ment, sediment bypassing, construction of man-
made vegetated mounds, anif dune revegetation.
Commercial facility—Any structure used for pro-
viding, distributing, and selling goods or services in
commerce including, but not limited to, hotels,
restaurants, bars, rental operations, and rental
properties.
Construction—Causing or carrying out any build-
ing, bulkheading, filling, clearing, excavation, or
substantial improvement to land or the size of any
structure. "Building" includes, but is not limited
to, all related site work and placement of construc-
tion materials on the site. "Filling" includes, but is
not limited to• disposal of dredged materials. "Ex-
cavation" includes, but is not limited to, removal or
alteration of dunes and dune vegetation and scrap-
ing, grading, or dredging a site. "Substantial im-
provements to land or the size of any structure"
include, but are not limited to, creation of vehicu-
lar or pedestrian trails, landscape work (that ad-
versely affects dunes or dune vegetation), and in-
creasing the size of any structure.
Coppice mounds—The initial stages of dune
growth formed as sand accumulates on the down-
wind side of plants and other obstructions on or
immediately adjacent to the beach seaward of the
foredunes. Coppice mounds may be unvegetated.
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 pro-
tection 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.
Cumulative impact The effect on beach use and
arrecs, on a critical dune area, or an area seaward
of the dune protection line which results from the
99
31 TAC § 15.2
incremental effect of an action when added to
other past. present, and reasonably foreseeable fu-
ture 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.
Dedication—Includes, but is not limited to, a
restrictive covenant, permanent easement, and fee
simple donation.
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 marked by an abrupt change in slope landward
of the dry beach. The term includes coppice
mounds, foredunes, dunes comprising the foredune
ridge, backdunes, swales, and man-made vegetated
mounds.
Dune complex—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.
Dune Protection Act—Texas Natural Resources
Code, §63.001, et seq.
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, as
required bythe Dune Protection Act and the Open
Beaches Act.
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 Protec-
tion 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 au-
thority to do so has been delegated to the munici-
pality 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.
Dune protection permit or permit—The docu-
ment issued by a local government to authorize
31 TAC § 15.2
construction or other regulated activities in a speci-
fied location seaward of a dune protection line or
within a critical dune area, as provided in the
Texas Natural 'esources Code, §63.051.
Dune veget4 nn—Flora indigenous to natural
dune complexes on the Texas coast and can include
coastal grasses and herbaceous and woody plants.
Effect or effects—"Effects" include: direct ef-
fects—those impacts on public beach use and ac-
cess, 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
han a direct effect, but are still reasonably foresee -
ale. 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 cumu-
lative.
Eroding area—A portion of the shoreline which
is experiencing an historical erosion rate of greater
than one foot per year based on published data of
the University of Texas at Austin, Bureau of Eco-
nomic Geology.
Erosion—The wearing away of land or the re-
moval of beach and/or dune sediments by wave
action, tidal currents, wave currents, drainage, or
ind. Erosion includes, but is not limited to, hori-
zontal recession and scour and can be induced or
aggravated by human activities.
Erosion response structure—A hard or rigid
structure built for shoreline stabilization which in-
cludes, but is not limited to, a jetty, retaining wall,
groin, breakwater, bulkhead, seawall, riprap, rub-
ble mound, revetment, or the foundation of a struc-
ture which is the functional equivalent of these
specified structures.
FEMA—The United States Federal Emergency
Management Agency. This agency administers the
National Flood Insurance Program and publishes
the official flood insurance rate maps.
i r
GENERAL LAND OFFICE
Foredunes—The first clearly distinguishable, usu-
ally vegetated, stabilized large dunes encountered
landward of the Gulf of ..exico. On some portions
of the Texas Gulf Coaa. foredunes may also be
large, unvegetated, anc stabilized. Although they
may be large and cone::uous, foredunes are typi-
cally hummocky and discontinuous and may be
interrupted by breaks and washover areas. Fore -
dunes offer the first significant means of dissipat-
ing storm -generated wave and cunt - energy issu-
ing 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 sur-
rounding dune types by their relative location and
physical appearance.
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 imme-
diately after a storm.
Habitable structures—Structures suitable for hu-
man habitation including, but not limited to, single
or multi -family residences, hotels, condominium
buildings, and buildings for commercial purposes.
Each building of a condominium regime is consid-
ered a separate habitable structure, but if a build-
ing is divided into apartments, then the entire
building, not the individual apartments, is consid-
ered a single habitable structure. Additionally, a
habitable structure includes porches, gazebos, and
other attached improvements.
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
edition). However, for the purposes of this sub-
chapter, the establishments listed in Part 1, Divi-
sion D, Major Group 20, Industry Group Number
209, Industry Numbers 2091 and 2092 are not
considered "industrial facilities." These establish-
ments are listed as follows in Appendix I.
Appendix I
A Local government is not authorized to issue a
permit or certificate authorizing construction or
operation of the industrial facilities listed in this
appendix within critical dune areas or seaward of a
dune protection line, as provided in § 15.4(c)(5) of
this title (relating to Dune Protection Standards),
with the exception of activities in Part 1, Division
100
COASTAL AREA PLANNING
D, Major Group 20, Industry Group 209, Industry
Numbers 2091 and 2092, as provided in the defini-
tion of "industrial facilities" in § 15.2 of this title
(relating to Definitions). This appendix is taken
from the Standard Industrial Classification Manual
as adopted by the Executive Office of the President,
Office of Management and Budget (1987 ed.).
DIVISION D. MANUFACTURING
Major Group 20. Food and kindred products, ex-
cept Industry Numbers 2091
and 2092
Major Group 21. Tobacco products
Major Group 22. Textile mill products
Major Group 23. Apparel and other finished
products made from fabrics and
similar materials
Major Group 24. Lumber and wood products, ex-
cept furniture
Ma or Group 25. Furniture and fixtures
Major Group 26. Paper and allied products
Major Group 27. Printing, publishing, and allied
industries
Ma or Group 28. Chemicals and allied products
Major Group 29. Petroleum refining and related
industries
Major Group 30. Rubber and miscellaneous plas-
tics products
Major Group 31. Leather and leather products
Major Group 32. Stone, clay, glass, and concrete
products
Major Group 33. Primary metal industries
Major Group 34. Fabricated metal products, ex-
cept machinery and transporta-
tion equipment
Major Group 35. Industrial and commercial ma-
chinery and computer equip-
ment
Major Group 36. Electronic and other electrical
equipment and components, ex-
cept computer equipment
Major Group 37. Transportation equipment
Major Group 38. Measuring, analyzing, and con-
trolling instruments: photo-
graphic, medical and optical
goods; watches and clocks
Major Group 39. Miscellaneous manufacturing
industries
DIVISION E. TRANSPORTATION, COM–
MUNICATIONS, ELECTRIC, GAS,
HAND SANITARY SERVICES
Major Group 49. Sanitary services (sewerage sys-
tems, refuse systems, sanitary Establishments primarily engaged in preparing
services not elsewhere classi- fresh and raw or cooked frozen fish and other
fled) seafoods and seafood preparations, such as soups,
101
31 TAC § 15.2
MISCELLANEOUS FOOD PREPARATIONS
HAND KINDRED PRODUCTS
Industrial facilities listed in Industry Number
2091 are not considered "industrial facilities" as
defined in § 15.2 of this title (relating to Defini-
tions).
2091 Canned and Cured Fish and Seafoods
Establishments primarily engaged in cooking
and canning fish, shrimp, oysters, clams, crabs,
and other seafoods, including soups; and those
engaged in smoking, salting, drying, or otherwise
curing fish and other seafoods for the trade. Es-
tablishments primarily engaged in shucking and
packing fresh oysters in nonsealed containers, or in
freezing or preparing fresh fish, are classified in
Industry 2092.
— Canned fish, crustacea. and mollusks
— Caviar, canned
— Chowders, fish and seafood: canned
— Clam bouillon, broth, chowder, juice: bottled
or canned
— Codfish: smoked. salted, dried, and pickled
— Crab meat, canned and cured
- Finnan haddie (smoked haddock)
— Fish and seafood cakes: canned
— Fish egg bait, canned
— Fish, canned and cured
- Fish: cured. dried, pickled, salted, and smoked
— Herring: smoked, salted, dried. and pickled
— Mackerel: smoked, salted, dried, and pickled
— Oysters, canned and cured
— Salmon: smoked, salted, dried, canned, and
pickled
— Sardines, canned
— Seafood products, canned and cured
- Shellfish, canned and cured
— Shrimp, canned and cured
— Soups, fish and seafood: canned
— Stews, fish and seafood: canned
— Tuna fish, canned
MISCELLANEOUS ANEOUS FOOD PREPARATIONS
HAND KINDRED PRODUCTS
Industrial facilities listed in Industry Number
2092 are not considered "industrial facilities" as
defined in § 15.2 of this title (relating to Defini-
tions).
2092 Prepared Fresh or Frozen
Fish and Seafoods
i T
31 TAC § 15.2
stews, chowders, fishcakes. crabcakes, and shrimp -
cakes. Prepared fresh fish are eviscerated or pro-
cessed by removal of heads, fins, or scales. This
industry also includes establishments primarily en-
gaged in the shucking and packing of fresh oysters
in nonsealed containers.
— Chowders, fish and seafood: frozen
— Crabcakes, frozen
— Crabmeat picking
— Crabmeat, fresh: packed in nonsealed contain-
ers
— Fish and seafood cakes, frozen
— Fish Fillets
— Fish sticks
— Fish: fresh and frozen, prepared
— Oysters, fresh: shucking and packing in non -
sealed containers
— Seafoods, fresh and frozen
— Shellfish, fresh and frozen
— Shellfish, fresh: shucked, picked, or packed
— Shrimp, fresh and frozen
— Soups, fish and seafood: frozen
— Stews, fish and seafood: frozen
Large-scale construction—Construction activity
greater than 5,000 square feet in area and habit-
able structures greater than two stories in height.
Multiple -family habitable structures are typical of
this type of construction.
Line of vegetation—The extreme seaward bound-
ary of natural vegetation which spreads continu-
ously inland. The line of vegetation is typically used
to determine the landward extent of the public
beach.
Local government—A municipality, county, any
special purpose district, any unit of government, or
any other political subdivision of the state.
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 vege-
tation.
Master planned development—A document con-
taining maps, drawings, narrative, tables, and oth-
er forms of communication that provides informa-
tion about the proposed use of specific land and/or
water that include. but is not limited to, as appro-
priate, descriptions of land and/or water uses, land
and/or water use intensities, building and/or site
improvement locations and sizes, relationships be-
tween buildings and improvements, vehicular and
pedestrian access and circulation systems, parking,
utility systems, stormwater management and treat -
102
GENERAL LAND OFFICE
ment systems, geography, geology, impact assess-
ments. regulatory -approved checklist, and phasing.
Information in the master plan may be conceptual
or detailed depending on the status of its regulatory
approval.
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 mini-
mized. Third, the dunes and dune vegetation ad-
versely affected shall be repaired, restored, or re-
placed. Fourth, the dunes and dune vegetation ad-
versely affected shall be replaced or substituted to
compensate for the adverse effects.
National Flood Insurance Act -42 United States
Code, §54001, et seq
Natural resources—Land, fish, wildlife, insects,
biota, air, surface water, groundwater, plants,
trees, habitat of flora and fauna, and other such
resources.
Open Beaches Act—Texas Natural Resources
Code, §561.001, et seq.
Owner or operator—Any person owning, operat-
ing, or responsible for operating commercial or
industrial facilities.
Permit or certificate condition—A requirement
or restriction in a permit or certificate necessary to
assure protection of life, natural resources, proper-
ty, and adequate beach use and access rights (con-
sistent with the Dune Protection Act) which a per-
mittee must satisfy in order to be in compliance
with the permit or certificate.
Permittee—Any person authorized to act under a
permit or a certificate issued by a local govern-
ment.
Person—An individual, firm, corporation, associ-
ation, partnership, consortium, joint venture, com-
mercial entity, United States government, state,
municipality, commission, political subdivision, or
any international or interstate body oc any other
governmental entity.
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.
Practicable—In determining what is practicable,
local governments shall consider the effectiveness,
scientific feasibility, and commercial availability of
the technology or technique. Local governments
COASTAL AREA PLANNING
shall also consider the cost of the technology or
technique.
Production and gathering facilities—The equip-
ment 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.
Public beach—As used in this subchapter, "pub-
lic beach" is defined in the Texas Natural Re-
sources Code, §61.013(c).
Recreational activity—Includes, but is not limit-
ed to, hiking, sunbathing, and camping for less
than 21 days. 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.
Recreational vehicle -A dune buggy, marsh bug-
gy, minibike, trail bike, jeep, or any other mecha-
nized vehicle used for recreational purposes.
Restoration—The process of constructing man-
made vegetated mounds, repairing damaged dunes,
or vegetating existing dunes.
Retaining wall—A structure designed primarily
to contain material and to prevent the sliding of
land.
Sand budget—The amount of all sources of sedi-
ment, 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.
Seawall—An erosion response structure that is
specifically designed to withstand wave forces.
Seaward of a dune protection line—The area
between a dune protection line and the line of
mean high tide.
Small-scale construction—Construction activity
less than or equal to 5,000 square feet and habit-
able structures less than or equal to two stories in
height. Single-family habitable structures are typi-
cal of this type of construction.
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.
31 TAC § 15.3
Swaies—Low areas within a dune complex locat-
ed in some portions of the Texas coast which
function as natural rainwater collection areas and
are an integral part of the dune complex.
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 fore -
dunes are poorly developed or breached by storm
tides and wind erosion.
Source: The provisions of this 415.2 adopted to be effective
February 17. 1993. 18 TexReg 661.
Cross References: This Section cited in 31 TAC 415.3. (relating
to Administration,: 31 TAC 415.6. (relating to Concurrent Dune
Protection and Beachfront Construction Standards); 31 TAC
415.9, (relating to Penalties/.
103
§ 15.3. Administration
(a) Integration of dune protection and beach
access programs. The Dune Protection Act and the
Open Beaches Act require certain local govern-
ments to adopt and implement programs for the
preservation of dunes and the preservation and
enhancement of use of and access to and from
public beaches. These Acts provide for regulation of
generally the same activities and the same geo-
graphic areas, and their requirements are scienti-
fically and legally related. Local governments re-
quired to adopt dune protection and beach access
programs shall integrate them into a single plan
consisting of procedural and substantive require-
ments for management of the beach/dune system
within their jurisdiction. The authority to integrate
such plans is provided pursuant to the Dune Pro-
tection Act, the Open Beaches Act, and this sub-
chapter. The local government plans shall be con-
sistent with the requirements of the Open Beaches
Act, the Dune Protection Act, and this subchapter,
and each shall, whenever possible, incorporate the
local government's ordinary land use planning pro-
cedures.
(b) Boundary of the public beach. The public
beach is defined in the Open Beaches Act,
§61.013(c), and §15.2 of this title (relating to Defi-
nitions). The line of vegetation is defined in the
Open Beaches Act, §61.001(5), and §15.2 of this
title (relating to Definitions). The line of vegetation
is typically used to determine the landward extent
of the public beach. However, there are portions of
the Texas coast where there is no marked vegeta-
tion line or the line is discontinuous or modified. In
those portions of the coast, the line of vegetation
shall be determined consistent with §15.10(b) of
31 TAC § 15.3
this title (relating to General Provisions) and the
Open Beaches Act. §61.016 and §61.017.
(c) Beachfront iistruction certification areas.
The General Lana ffice, in conjunction with the
attorney general's (:dice, has the responsibility of
protecting the public's right to use and have access
to and from the public beach and of providing
standards to the local governments certifying con-
struction on land adjacent to the Gulf of Mexico
consistent with such public rights. The Open
Beaches Act, §61.011(d)(6), limits the geographic
scope of the beachfront construction certification
area to the land adjacent to and landward of public
beaches and lying in the area either up to the first
public road generally parallel to the public beach
or to any closer public road not parallel to the
beach. or the area up to 1,000 feet of mean high
tide. whichever distance is greater. For this area,
local governments shall prepare a beach access
and use program, pursuant to the Open Beaches
Act, §61.015, for inclusion in their dune protection
and beach access plans to control any adverse
effects of beachfront construction on public beach
use and access. Applications for :achfront con-
struction certificates shall be reviewed by local
governments for consistency with their dune pro-
tection and beach access plans.
(d) Critical dune areas and dune protection lines.
The commissioner of the General Land Office, as
trustee of the public lands of Texas has the respon-
sibility to identify and protect Texas' critical dune
areas that are essential to the protection of coastal
public land. public roads, public beaches, and oth-
er public resources. Local governments have the
responsibility to establish dune protection lines for
the purpose of preserving sand dunes within their
jurisdiction. The Dune Protection Act, §63.121 and
§63.012, respectively, limits the geographic scope
of critical dune areas and the location of the dune
protection line to that portion of the beach within
1,000 feet of mean high tide of the Gulf of Mexico.
(e) Identification of critical dune areas. Pursuant
to the authority provided in the Dune Protection
Act, §63.121, the General Land Office has : ' rati-
fied critical dune areas as all dunes anti. me
complexes located within 1,000 feet of mean 'ugh
tide of the Gulf of Mexico. This identification is
based on the determination that all of the various
protective functions served by the dunes and dune
complexes located within that 1,000 feet are essen-
tial to the protection of public beaches, submerged
land, and state-owned land, such as public roads
and coastal public lands, from nuisance, erosion,
GENERAL LAND OFFICE
storm surge, and high wind and waves. Critical
dune areas are related to dune protection lines in
that local governments are required to establish
such lines for the purpose of preserving dunes in a
location landward of all critical dune areas. Crite-
ria for establishing dune protection lines shall, at a
minimum, include the criteria for establishing criti-
cal dune areas in this subsection.
(f) Establishment of dune protection lines. Pursu-
ant to the authority provided in the Dune Protec-
tion Act, §63.011, local governments shall establish
and maintain dune protection lines which preserve,
at a minimum, the dunes within the critical dune
areas as defined in this subchapter. A local govern-
ment must conduct a field inspection to determine
the appropriate location of the line unless it pro-
poses to establish or relocate its line at a distance
of 1,000 feet of mean high tide of the Gulf of
Mexico, as that 1,000 feet is the maximum extent of
the local government's jurisdiction for establishing
dune protection lines.
(g) Deadline for establishment of dune protection
lines. Local governments shall establish dune pro-
tection lines as part of the dune protection compo-
nent of their local plans. The local plans shall be
submitted to the state no later than 180 days after
the effective date of this subchapter. Therefore,
local governments shall establish dune protection
lines no later than 180 days after this subchapter
goes into effect.
(h) Information required regarding dune protec-
tion lines. Local governments are required to sub-
mit the following information to the General Land
Office to allow state evaluation of the adequacy of
the dune protection line location: a map or draw-
ing of the line; a written description of the line; or
a written description and a map or drawing. This
information shall be included in the local govern-
ment's dune protection and beach access plan and
must clearly designate for the public and the state
the location of the line and the location of dunes
seaward of the line. All maps, drawings, or descrip-
tions shall incorporate sufficient elements of the
Texas state plane coordinate system to enable such
description to be located on the ground and shall
be tied to and/or include the Texas state plane
coordinates for two or more monumented points
along any described boundary. Each local govern-
ment shall file a map or drawing or description of
its dune protection line with the clerk of the county
or municipality establishing the line.
(f) State assistance in the establishment of local
government dune protection lines. The General
104
COASTAL AREA PLANNING
31 TAC § 15.3
Land Office may assist and advise local govern- weeks before the hearing. In the notice to the
ments in establishing or modifying a dune protec- General Land Office. local governments shall also
tion line. Pursuant to the Dune Protection Act, include the information described in subsection (h)
§63.013, local governments shall notify the General of this section.
Land Office of the establishment of dune protection (m) Local government authority. Local govern -
lines and any subsequent change in a line. Upon ments shall include in the plans submitted to the
such notification, the General Land Office shall General Land Office and the attorney general's
review the location of the line by examining the office citations of all statutes. policies, and ordi-
map or description of the line submitted to the nances which demonstrate the authority of the
state and by conducting field inspections, as neces- local government to implement and enforce the
sary. The General Land Office will review the loca- plan in a manner consistent with the requirements
tion of the line to determine whether the line meets of this subchapter. Local government plans shall
the geographic standard of being located landward also demonstrate the coordination, on the local
of all critical dune areas. If the General Land level. of the dune protection, beach access, erosion
Office is satisfied that the line meets that geograph- response, and flood protection programs (if partici-
ic standard, the General Land Office will notify the
pating in the National Flood Insurance Program
local government of this finding in writing. If the under the National Flood Insurance Act). Each
line does not meet that geographic standard. the local government shall integrate these programs
General Land Office will assist and advise the local into one plan for the management of the beach/
government in adjusting the line. dune system within its jurisdiction. The General
(j) State review of dune protection line location. Land Office will provide written guidance on the
Each local government shall submit the informa- form and content of the plan upon written request
tion regarding the location of the dune protection by a local government.
line, as required in subsection (h) of this section, to (n) Content of local government dune protection
the General Land Office as part of its dune protec- and beach access plans. Local government plans
tion and beach access plan. In determining wheth- shall contain procedural mechanisms and substan-
er to approve the local plan, the General Land tive requirements necessary for compliance with
Office will review the various components of the this subchapter, the Dune Protection Act, and the
plan, including the adequacy of the location of a Open Beaches Act. Local governments shall attach
local government's dune protection line (with re- copies of this subchapter, the Dune Protection Act.
spect to the protection of critical dune areas), and the Open Beaches Act to their plans, and their
based on the geographic standards provided in plans shall state that these state laws are incorpo-
subsection (i) of this section. rated into the plans. A local government shall also
(k) Local government review of dune protection state in its plan that any person in violation of the
line location. Each local government shall review incorporated state laws is in violation of its local
its dune protection line every five years to deter- plan.
mine whether the line is adequately located to (o) Submission of local government plans to state
achieve the purpose of preserving critical dune agencies. Local
areas. In addition to the five-year review, each g governments shallthe submit dune
local government shall review the adequacy of the protectionandOffice and beach access plans to the General
Land for review, comment, and certification
location of the line within 90 days after a tropical as to compliance with this subchapter, the Dune
storm or hurricane affects the portion of the coast Protection Act, and the Open Beaches Act and to
in its jurisdiction. the attorney general's office for review and corn -
(1) Provisions for public hearings on dune pro- ment. A local governments governing body must
tection lines. Local governments shall provide no- formally approve the plan prior to submission to
tice of a public hearing to consider establishing or the state agencies. Prior to formally approving its
modifying a dune protection line by publishing plan, a local government may request legal and
such notice at least three times in the newspaper technical advice from the General Land Office for
with the largest circulation in the county. The no- assistance in meeting the requirements for state
tice shall be published not less than one week nor agency approval. The General Land Office shall
more than three weeks before the date of the hear- either grant or deny certification of a local govern-
ing. Notice shall be given to the General Land meats formally approved dune protection and
Office not less than one week nor more than three beach access plan within 60 days of receipt of the
105
31 TAC § 15.3
plan. In the event of denial, the General Land
Office shall send the plan back to the local govern-
ment with a statement of specific objections and
the reasons for denial, along with suggested modifi-
cations. On receipt, the local government shall
revise and resubmit the plan for state agency re-
view. The General Land Office shall use the same
procedure for reviewing revised plans as the proce-
dure used for reviewing the plan originally submit-
ted. The General Land Office's certification of local
government plans shall be by adoption into the
rules authorized under the Texas Natural Re-
sources Code, §61.011. The rules adopted by the
General Land Office to certify plans will consist of
state approval of the plans, but the text of plans
will not be adopted by the General Land Office.
Local governments may amend their dune protec-
tion and beach access plans by submitting the
proposed changes to the General Land Office for
review, comment, and certification and to the at-
torney general's office for review and comment.
The General Land Office shall process the pro-
posed plan amendments using the same procedures
and criteria as used in approving the initial submis-
sions.
(p) Submission deadline for dune protection and
beach access plans. Local governments shall sub-
mit dune protection and beach access plans to the
General Land Office and the attorney general's
office no later than 180 days from the effective date
of this subchapter. If the General Land Office does
not approve a plan, the local government shall
submit revisions of the plan until the plan is ap-
proved. However, any local government that sub-
mits a revised plan that has not been modified to
address the state comments regarding the statutory
requirements and the minimum standards identi-
fied in this subchapter is presumed to be in viola-
tion of this subchapter, the Open Beaches Act, and
the Dune Protection Act. Local governments that
fail to submit plans within 180 days of the effective
date of this subchapter will be liable for penalties
as provided in §15.9 of this title (relating to Penal-
ties). Further, local governments that fail to submit
plans by that deadline will not be authorized to
permit construction within the geographic scope of
this subchapter.
(q) Areas exempt from local government plans.
Local government dune protection and beach ac-
cess plans shall not include the following areas,
which are exempt from regulation by local govern-
ments:
106
if r
GENERAL LAND OFFICE
(1) national park areas, national wildlife refug-
es, or other designated national natural areas:
(2) state park areas, state wildlife refuges, or
other designated state natural areas: and
(3) beaches on islands and peninsulas not ac-
cessible by public road or ferry facility for as
long as that condition exists.
(r) State-owned or public land not exempt from
local government plans. Local government plans
shall apply to all state-owned or public land other
than parks and refuges, subject to the provisions of
the Texas Natural Resources Code, §§31.161, et
seq.
(s) Acts prohibited without a dune protection
permit or beachfront construction certificate. An
activity requiring a dune protection permit may
typically also require a beachfront construction
certificate and vice versa. Local governments shall,
whenever possible, issue permits and certificates
concurrently when an activity requires both. In
their dune protection and beach access plans, local
governments may combine the dune protection
permit and the beachfront construction certificate
into a single permit or a two-part permit: however,
they are not required to do so.
(1) Acts prohibited without a dune protection
permit. Unless a dune protection permit is prop-
erly issued by a local government authorizing the
conduct, no person shall:
(A) damage, destroy, or remove a sand dune
or a portion of a sand dune seaward of a dune
protection line or within a critical dune area;
or
(B) kill, destroy, or remove in any manner
any vegetation growing on a sand dune sea-
ward of a dune protection line or within a
critical dune area.
(2) Activities exempt from permit require-
ments. Pursuant to the Dune Protection Act,
§63.052, the following activities are exempt from
the requirement for a dune protection permit,
but are subject to the requirements of the Open
Beaches Act and the rules promulgated under
the Open Beaches Act. Where local governments
have separate authority to regulate the following
activities, permittees shall comply with the local
laws as well. The activities exempt from the
permit requirements are:
(A) exploration for and production of oil and
gas and reasonable and necessary activities
directly related to such exploration and pro-
duction, including construction and mainte-
COASTAL AREA PLANNING
nance of production and gathering facilities
located in a critical dune area which serve
wells located outside of a critical dune area,
provided that such facilities are located no
farther than two miles from the well being
served:
(B) grazing livestock and reasonable and
necessary activities directly related to grazing;
and
(C) recreational activities other than opera-
tion of a recreational vehicle.
(3) Acts prohibited without a beachfront con-
struction certificate. No person shall cause, en-
gage in, or allow construction on land adjacent
to and landward of public beaches and lying in
the area either up to the first public road gener-
ally parallel to the public beach or to any closer
public road not parallel to the beach, or to within
1,000 feet of mean high tide, whichever is great-
er, that affects or may affect public use of and
access to and from public beaches unless the
construction is properly. certified by the appro-
priate local government as consistent with its
local plan, this subchapter, and the Open Beach-
es Act.
(4) Permit and certificate application require-
ments. Local governments shall require that all
permit and certificate applicants fully disclose in
the application all items and information neces-
sary for the local government to make a determi-
nation regarding a permit or certificate. Local
governments may require more information, but
they shall require that applicants for dune pro-
tection permits and beachfront construction cer-
tificates provide, at a minimum, the following
items and information.
(A) For all proposed construction (large and
small-scale), local governments shall require
applicants to submit the following items and
information:
(i) the name, address, phone number, and,
if applicable, fax number of the applicant,
and the name of the property owner, if dif-
ferent from the applicant;
(ii) a complete legal description of the
tract and a statement of its size in acres or
square feet;
(iii) the number of proposed structures
and whether the structures are amenities or
habitable structures;
(iv) the number of parking spaces;
107
r r
31 TAC § 15.3
(v) the approximate percentage of existing
and finished open spaces !those areas com-
pletely free of structures):
(vi) the floor plan and elevation view of the
structure proposed to be constructed or ex-
panded:
(vii) the approximate duration of the con-
struction;
(viii) a description (including location) of
any existing or proposed walkways or dune
walkovers on the tract;
(ix) a grading and layout plan identifying
all elevations (in reference to the National
Oceanographic and Atmospheric Administra-
tion datum), existing contours of the project
area (including the location of dunes and
swales), and proposed contours for the final
grade;
(x) photographs of the site which clearly
show the current location of the vegetation
line and the existing dunes on the tract;
(xi) the effects of the proposed activity on
the beach/dune system which cannot be
avoided should the proposed activity be per-
mitted, including, but not limited to, damage
to dune vegetation, alteration of dune size
and shape, and changes to dune hydrology;
(xii) a comprehensive mitigation plan
which includes a detailed description of the
methods which will be used to avoid, mini-
mize, mitigate. and/or compensate for any
adverse effects on dunes or dune vegeta-
tion;
(xiii) proof of the applicants financial ca-
pability to mitigate or compensate for ad-
verse effects on dunes and dune vegetation
(i.e., by submitting an irrevocable letter of
credit or a performance bond) or to fund
eventual relocation or demolition of struc-
tures (i.e., as through proof of Upton -Jones
coverage in the National Flood Insurance
Program);
(xiv) an accurate map or plat of the site
identifying:
(I) the site by its legal description, in-
cluding, where applicable, the subdivision,
block, and lot;
(II) the location of the property lines and
a notation of the legal description of ad-
joining tracts;
(III) the location of the proposed and
existing structures, and the footprint or
31 TAC § 15.3
perimeter of the proposed construction on
the tract;
(IV) proposed roadways and driveways
and proposed landscaping activities on the
tract;
(V) the location of any seawalls or any
other erosion response structures on the
tract and on the properties immediately
adjacent to the tract; and
(VI) if known, the location and extent of
any man-made vegetated mounds, restored
dunes, fill activities, or any other pre-exist-
ing human modifications on the tract.
(B) For all proposed large-scale construc-
tion, local governments shall require appli-
cants to submit the following additional items
and information:
(i) if the tract is located in a subdivision
and the applicant is the owner or developer
of the subdivision, a certified copy of the
recorded plat of the subdivision, or, if not a
recorded subdivision. a plat of the subdivi-
sion certified by a licensed surveyor, and a
statement of the total area of the subdivision
in acres or square feet;
(ii) in the case of multiple -unit dwellings,
the number of units proposed;
(iii) alternatives to the proposed location
of construction on the tract or to the pro-
posed methods of construction which would
cause fewer or no adverse effects on dunes
and dune vegetation or Less impairment of
beach access; and
(iv) the proposed activity's impact on the
natural drainage pattern of the site and the
adjacent lots.
(C) For all proposed construction (large and
small-scale), if applicants already have the fol-
lowing items and information, local govern-
ments shall require them to be submitted in
addition to the other information required:
(i) a copy of a blueprint of the proposed
construction;
(ii) a copy of a topographical survey of the
site;
(iii) the most recent local historical erosion
rate data (as determined by the University of
Texas at Austin, Bureau of Economic Geolo-
gy) and the activity's potential impact on
coastal erosion; and
(iv) a copy of the FEMA elevation certifi-
cate.
108
GENERAL LAND OFFICE
(D) For all proposed construction (large and
small-scale), local governments shall provide
to the state the following information:
(i) a copy of the community's most recent
flood insurance rate map identifying the site
of the proposed construction;
(ii) a preliminary determination as to
whether the proposed construction complies
with all aspects of the local government's
dune protection and beach access plan;
(iii) the activity's potential impact on the
community's natural flood protection and
protection from storm surge; and
(iv) a description as to how the proposed
beachfront construction complies with and
promotes the local government's beach ac-
cess policies and requirements, particularly
the dune protection and beach access plan's
provisions relating to public beach in-
gress/egress. off -beach parking, and avoid-
ance of reduction in the size of the public
beach due to erosion.
(E) For all proposed construction (large and
small-scale), the General Land Office shall be
the state contact for erosion rate data ques-
tions and may supply technical information to
the local government.
(5) Master planned development. Local govern-
ments may adopt separate ordinances or county
commissioners court orders authorizing master
planned developments located within the geo-
graphic scope of this subchapter. These ordi-
nances and orders shall be consistent with and
address the dune protection and beach access
requirements of this subchapter, the Dune Pro-
tection Act, and Open Beaches Act. The ordi-
nances and orders shall be submitted to the
General Land Office and the attorney general's
office for review and approval to ensure consis-
tency with this subchapter. When considering
approval of a master planned development or
construction plans and setting conditions for op-
erations under such plans, local governments
shall consider:
(A) the plan's potential effects on dunes,
dune vegetation, public beach use and access,
and the applicant's proposal to mitigate for
such effects throughout the construction;
(B) the contents of the master planned devel-
opment; and
(C) whether any component of the master
planned development, such as installation of
COASTAL AREA PLANNING
roads or utilities, or construction of structures
in critical dune areas or seaward of a dune
protection line, will subsequently require a
dune protection permit or a beachfront con-
struction certificate. If a dune protection per-
mit or beachfront construction certificate will
be necessary, the local government shall re-
quire the developer to apply for the permit
and/or certificate as part of the master planned
development approval process. This require-
ment only applies if the local government is
authorizing activities impacting critical dune
areas and public beach use and access under
its dune protection and beach access plan.
(6) State agency comments.
(A) A person proposing to conduct an activi-
ty for which a permit or certificate is required
shall submit a complete application to the ap-
propriate local government. The local govern-
ment shall forward the complete application.
including any associated materials, to the Gen-
eral Land Office and the attorney general's
office. The application,. any documents associ-
ated with the application, and information as
to when the decision will be made must be
received by the General Land Office and the
attorney general's office no later than 10 work-
ing days before the local government is first
scheduled to act on the permit or certificate.
Local governments shall not act on a permit or
certificate application if the General Land Of-
fice and the attorney general's office have not
received the application for the permit or cer-
tificate at least 10 working days before the
local government is first scheduled to act on
the permit or certificate. However, a local gov-
ernment may act on such applications if the
state agencies received the application within
the proper time frame and the state does not
submit comments on the application to the
local government.
(B) The General Land Office and the attor-
ney general's office may submit comments on
the proposed activity to the local government.
(7) Local government review. When determin-
ing whether to approve a proposed activity, a
local government shall review and consider:
(A) the permit or certificate application;
(B) the proposed activity's consistency with
this subchapter and the local government's
dune protection and beach access plan, includ-
ing the dune protection and beachfront con-
struction standards contained in both;
109
tr r
31 TAC § 15.3
(C) any other law relevant to dune protection
and public beach use and access which affects
the activity under review;
(D) the comments of the General Land Office
and the attorney general's office: and
(E) any other information the local govern-
ment may consider useful to determine consis-
tency with the local government's dune protec-
tion and beach access plan, including resource
information made available to them by federal
and state natural resource entities. A local gov-
ernment shall not issue a dune protection per-
mit or beachfront construction certificate that
is inconsistent with its plan. this subchapter,
and other state. local. and federal laws related
to the requirements of the Dune Protection Act
and Open Beaches Act.
(t) Term and renewal of permits and certificates.
(1) A local government's dune protection per-
mits or beachfront construction certificates shall
be valid for no more than three years from the
date of issuance. A local government may renew
a dune protection permit or beachfront construc-
tion certificate allowing proposed construction to
continue if the activity as proposed in the appli-
cation for renewal meets the applicable state and
local standards and the permittee supplements
the information provided in the original permit
or certificate application materials with addition-
al information indicating any changes to the
original information provided by the applicant.
For the purpose of maintaining administrative
records for permits, certificates, and renewals, if
any, local governments are required to keep all
original application materials submitted by any
applicant for three years, as provided in subsec-
tion (u) of this section. Each renewal of a permit
and certificate allowing construction shall be val-
id for no more than 90 days. A local government
shall issue only two renewals for each permit or
certificate. After the local government issues two
renewals, the permittee must apply for a new
permit or certificate. In addition. Local govern-
ments shall require a permittee to apply for a
new permit or a certificate if the proposed con-
struction is changed in any manner which causes
or increases adverse effects on dunes, dune vege-
tation, and public beach use and access within
the geographic scope of this subchapter.
(2) bleat governments that choose to authorize
master planned developments may adopt a dif-
ferent term limit for permits and certificates only
if the master planned development is authorized
31 TAC § 15.3
under a separate, state -approved ordinance or
county commissioners court order. Each master
planned development will be deemed to be a new
local ordinance or county commissioners court
order subject to state approval regarding effects
on dunes, dune vegetation, and public beach use
and access.
(3) Any dune protection permit or beachfront
construction certificate allowing beachfront con-
struction issued by a local government pursuant
to its dune protection and beach access plan
shall be voidable under the following circum-
stances.
(A) The permit or certificate is inconsistent
with this subchapter or the local government's
plan at the time the permit or certificate was
issued.
(B) A material change occurs after the per-
mit or certificate is issued.
(C) A permittee fails to disclose any material
fact in the application.
(4) A local government shall require that a
permittee apply for a new permit or certificate in
the event of any material changes. Material
changes include human or natural conditions
which have adversely affected dunes, dune vege-
tation, or beach access and use that either:
(A) did not exist at the time the permittee
prepared the original permit or certificate ap-
plication; or
(B) were not considered by the local govern-
ment making the permitting decision because
the permittee failed to provide information re-
garding the site condition in the original appli-
cation for a permit or certificate.
(5) A permit or certificate automatically termi-
nates in the event the certified construction
comes to lie within the boundaries of the public
beach by artificial means or by action of storm,
wind, water, or other naturally influenced
causes. Nothing in the certificate shall be con-
strued to authorize the construction, repair, or
maintenance of any construction within the
boundaries of the public beach at any time.
(u) Administrative record.
(1) Local governments shall compile and main-
tain an administrative record which demon-
strates the basis for each final decision made
regarding the issuance of a dune protection per-
mit or beachfront construction certificate. The
administrative record shall include copies of the
following:
110
GENERAL LAND OFFICE
(A) all materials the local government re-
ceived from the applicant as part of or regard-
ing the permit or certificate application;
(8) the transcripts, if any, or the minutes
and/or tape of the local government's meeting
during which a final decision regarding the
permit or certificate was made; and
(C) all comments received by the local gov-
ernment regarding the permit or certificate.
(2) Local governments shall keep the adminis-
trative record for a minimum of three years from
the date of a final decision on a permit or certifi-
cate. Local governments shall send to the Gener-
al Land Office or the attorney general's office,
upon request by either agency, a copy of those
portions of the administrative record that were
not originally sent to those agencies for permit or
certificate application review and comment. The
record must be received by the appropriate agen-
cy no later than 10 working days after the local
government receives the request. The state agen-
cy reviewing the administrative record shall noti-
fy the appropriate permittee of the request for a
copy of the administrative record from the local
government. Upon request of the permittee, a
local government shall provide to the permittee
copies of any materials in the administrative
record regarding the permit or certificate which
were not submitted to the local government by
the permittee (i.e., the permit application) or
given to the permittee by the local government
(i.e., the permit).
Source: The provisions of this §15.3 adopted to be effective
February 17. 1993. 18 TexReg 661.
Cross References. Thi 5 n cited in 31 TAC §15.2. (relating
to Definitions?: 31 TAC 415.4, (relating to Dune Protection Stan-
dards); 31 TAC §15.10. (relating to General Provisions).
§ 15.4. Dune Protection Standards
(a) Dune protection required. This section pro-
vides the standards and procedures local govern-
ments shall follow in issuing, denying, or condi-
tioning dune protection permits. A local govern-
ment shall protect dunes and dune vegetation from
adverse effects resulting directly or indirectly from
construction in a critical dune area or seaward of
its dune protection line, as cumulatively required
by the Dune Protection Act, this subchapter, and
that local government's dune protection and beach
access plan.
(b) Procedures for local government permit de-
terminations and permit issuance. Before issuing a
COASTAL AREA PLANNING
dune protection permit, a local government shall
make the following determinations.
(1) The proposed activity is not a prohibited
activity as defined in subsection (c) of this sec-
tion, §15.5 of this title (relating to Beachfront
Construction Standards), or §15.6 of this title
(relating to Concurrent Dune Protection and
Beachfront Construction Standards).
(2) The proposed activity will not materially
weaken dunes or materially damage dune vegeta-
tion based on the application of technical stan-
dards resulting in substantive findings under sub-
section (d) of this section.
(3) There are no practicable alternatives to the
proposed activity and the impacts cannot be
avoided as provided in subsection (f)(1) of this
section.
(4) The applicant's mitigation plan will ade-
quately minimize. mitigate, and/or compensate
for any unavoidable adverse effects, as provided
in subsections (1)(2)-(5) of this section.
(c) Prohibited activities. A local government shall
not issue a permit or certificate authorizing the
following actions within critical dune areas or sea-
ward of that local government's dune protection
line:
(1) activities that are likely to result in the
temporary or permanent removal of sand from
the portion of the beach/dune system located on
or adjacent to the construction site, including:
(A) moving sand to a location landward of
the critical dune area or dune protection line;
and
(B) temporarily or permanently moving sand
off the site. except for purposes of permitted
mitigation. compensation, or an approved
dune restoration or beach nourishment project
and then only from areas where the historical
accretion rate is greater than one foot per year,
and the project does not cause any adverse
effects on the sediment budget;
(2) depositing sand. soil, sediment, or dredged
spoil which contains the toxic materials listed in
Volume 40 of the Code of Federal Regulations,
Part 302.4, in concentrations which are harmful
to people, flora, and fauna as determined by
applicable, relevant, and appropriate require-
ments for toxicity standards established by the
local, state, and federal governments;
(3) depositing sand, soil, sediment, or dredged
spoil which is of an unacceptable mineralogy or
grain size for the site (this prohibition does not
111
31 TAC § 15.4
apply to materials related to the installation or
maintenance of public beach access roads run-
ning generally perpendicular to the public
beach);
(4) creating dredged spoil disposal sites. such
as levees and weirs, without the appropriate lo-
cal, state, and federal permits;
(5) constructing or operating industrial facili-
ties not in full compliance with all relevant laws
and permitting requirements prior to the effec-
tive date of this subchapter:
(6) operating recreational vehicles:
(7) mining dunes;
(8) constructing concrete slabs or other imper-
vious surfaces within 200 feet landward of the
natural vegetation line (a concrete slab may be
permitted in the described area if it supports and
does not extend beyond the perimeter of a habit-
able structure elevated on pilings and if no walls
are erected that prohibit the natural transfer of
sand; an impervious surface may be permitted in
the described area if it does not exceed 0.5% of
the area of the permitted habitable structure);
(9) depositing trash, waste, or debris including
inert materials such as concrete, stone, and
bricks that are not part of the permitted on-site
construction;
(10) constructing cisterns, septic tanks, and
septic fields seaward of any structure serviced by
the cisterns, septic tanks, and septic fields; and
(11) detonating bombs or explosives.
(d) Technical standards for local government de-
termination as to material weakening of dunes and
material damage of dune vegetation within a criti-
cal dune area or seaward of a dune protection line.
A local government may approve a permit applica-
tion only if it finds as a fact, after a full investiga-
tion, that the particular conduct proposed will not
materially weaken any dune or materially damage
dune vegetation or reduce the effectiveness of any
dune as a means of protection against erosion and
high wind and water. In making the finding as to
whether such material weakening or material dam-
age will occur, a local government shall use the
following technical standards. Failure to meet any
one of these standards will result in a finding of
material weakening or material damage and the
local government shall not approve the application
for the construction as proposed.
(1) The activity shall not result in the potential
for increased flood damage to the proposed con-
struction site or adjacent property.
31 TAC § 15.4
(2) The activity shall not result in runoff or
drainage patterns that aggravate erosion on or
off the site.
(3) The activity shall not result in significant
changes to dune hydrology.
(4) The activity shall not disturb unique flora
or fauna or result in adverse effects on dune
complexes or dune vegetation.
(5) The activity shall not significantly increase
the potential for washovers or blowouts w oc-
cur.
(e) Local government considerations when deter-
mining whether to issue a dune protection permit.
Local governments shall consider the following
items and information when determining whether
to grant a permit:
(1) all comments submitted to the local govern-
ment by the General Land Office and the attor-
ney general's office;
(2) cumulative and indirect effects of the pro-
posed construction on all dunes and dune vegeta-
tion within critical dune areas or seaward of a
dune protection line;
(3) cumulative and indirect effects of other
activities on dunes and dune vegetation located
on the proposed construction site;
(4) the pre -construction type, height, width,
slope, volume, and continuity of the dunes, the
pre -construction condition of the dunes, the type
of dune vegetation, and percent of vegetative
cover on the site;
(5) the local historical erosion rate as deter-
mined by the University of Texas at Austin, Bu-
reau of Economic Geology, and whether the pro-
posed construction may alter dunes and dune
vegetation in a manner that may aggravate ero-
sion;
(6) the applicant's mitigation plan for any un-
avoidable adverse effects on dunes and dune
vegetation and the effectiveness, feasibility, and
desirability of any proposed dune reconstruction
and revegetation;
(7) the impacts on the natural drainage pat-
terns of the site and adjacent property;
(8) anv significant environmental features of
the pot: :tially affected dunes and dune vegeta-
tion sucn as their value and function as floral or
faunal habitat or any other benefits the dunes
and dune vegetation provide to other natural
resources;
112
GENERAL LAND OFFICE
(9) wind and storm patterns including a history
of washover patterns;
(10) location of the site on the flood insurance
rate map; and
(11) success rates of dune stabilization projects
in the area.
(1) Mitigation. The mitigation sequence shall be
used by local governments in determining whether
to issue a permit. after the determination that no
material weakening of dunes or material damage to
dunes will occur within critical dune areas or sea-
ward of the dune protection line. The mitigation
sequence consists of the following steps: avoiding
the impact altogether by not taking a certain action
or parts of an action; minimizing impacts by limit-
ing the degree or magnitude of the action and its
implementation; rectifying the impact by repair-
ing, rehabilitating, or restoring the affected envi-
ronment; and compensating for the impact by re-
placing resources lost or damaged. If, for any rea-
son, an applicant cannot demonstrate the ability to
mitigate adverse effects on dunes and dune vegeta-
tion. the local government is not authorized to
issue the permit. A local government shall require a
permittee to use the mitigation sequence as a per-
mit condition if that local government finds that an
activity will result in any adverse effects on dunes
or dune vegetation seaward of a dune protection
line or on critical dune areas. When a local govern-
ment requires mitigation as a permit condition, it
shall require that the permittee follow the order of
the mitigation sequence as provided in this subsec-
tion.
(1) Avoidance. Avoidance means avoiding the
effect on dunes and dune vegetation altogether
by not taking a certain action or parts of an
action. Local governments shall require permit-
tees to avoid adverse effects on dunes and dune
vegetation. Local governments shall not issue a
permit allowing any adverse effects on dunes or
dune vegetation located in critical dune areas or
seaward of the dune protection line unless the
applicant proves there is no practicable alterna-
tive to the proposed activity, proposed site, or
proposed methods for conducting the activity,
and the activity will not materially weaken the
dunes or dune vegetation. Local governments
shall require permittees to include information
as to practicable alternatives in the permit appli-
cation. Local governments shall review the per-
mit application to determine whether the permit-
tee has considered all practicable alternatives
and whether one of the practicable alternatives
COASTAL AREA PLANNING
would cause less adverse effects on dunes and
dune vegetation than the proposed activity. Local
governments shall require that permittees under-
taking construction in critical dune areas or sea-
ward of a dune protection line use the following
avoidance techniques.
(A) Routing of nonexempt pipelines. Nonex-
empt pipelines are any pipelines other than
those subject to the exemption in §15.3(s)(2)(A)
of this title (relating to Administration). Local
governments shall not allow permittees to con-
struct nonexempt pipelines within critical dune
areas or seaward of a dune protection line
unless there is no practicable alternative.
(B) Location of construction and beach ac-
cess. Local governments shall require permit-
tees proposing construction seaward of dune
protection lines and within critical dune areas
to locate all such construction as far landward
of dunes as practicable. Local governments
shall not restrict construction which provides
access to and from the public beach pursuant
to this provision.
(C) Location of roads. Local governments
shall require permittees constructing roads
parallel to beaches to locate the roads as far
landward of critical dune areas as practicable
and shall not allow permittees to locate such
roads within 200 feet landward of the natural
vegetation line.
(D) Artificial runoff channels. Local govern-
ments shall not permit construction of new
artificial channels, including stormwater run-
off channels, unless there is no practicable
alternative.
(2) Minimization. Minimi,ation means mini-
mizing effects on dunes and dune vegetation by
limiting the degree or magnitude of the action
and its implementation. Local governments shall
require that permittees minimize adverse im-
pacts to dunes and dune vegetation by limiting
the degree or magnitude of the action and its
implementation. If an applicant for a dune pro-
tection permit demonstrates to the local govern-
ment that adverse effects on dunes or dune vege-
tation cannot be avoided and the activity will not
materially weaken dunes and dune vegetation,
the local government may issue a permit allow-
ing the proposed alteration, provided that the
permit contains a condition requiring the permit-
tee to minimize adverse effects on dunes or dune
vegetation to the greatest extent practicable.
113
31 TAC § 15.4
(A) Routing of nonexempt pipelines. Nonex-
empt pipelines are any pipelines other than
those subject to the exemption in §15.3(s)(2)(A)
of this title (relating to Administration). If a
permittee demonstrates that there is no practi-
cable alternative to crossing critical dune ar-
eas, the local government may allow a permit-
tee to construct a pipeline across previously
disturbed areas, such as blowout areas. Where
use of previously disturbed areas is not practi-
cable, the local government shall require the
permittee to avoid adverse effects on or distur-
bance of dune surfaces and shall require the
mitigation sequence if the adverse effects are
unavoidable.
(B) Location of construction and beach ac-
cess.
(i) Local governments shall require per-
mittees to minimize construction and pedes-
trian traffic on or across dune areas to the
greatest extent practicable, accounting for
trends of dune movement and beach erosion
in that area.
(ii) Local governments may allow permit-
tees to route private and public pedestrian
beach access to and from the public beach
through washover areas or over elevated
walkways in their approved dune protection
and beach access plans. All pedestrian ac-
cess routes and walkways shall be clearly
and conspicuously marked with permanent
signs by the local government if the beach
access is public.
(iii) Local governments shall minimize
proliferation of excessive private access by
permitting only the minimum necessary pri-
vate beach access points to the public beach
from any proposed subdivision, multiple
dwelling, or commercial facility. In some
cases, the minimum beach access points may
be only one access point. In determining the
appropriate grouping of access points, the
local government shall consider the size and
scope of the development.
(iv) Local governments and the owners
and operators of commercial facilities, sub-
divisions, and multiple dwellings shall post
signs in areas where pedestrian traffic is
high, explaining the functions of dunes and
the importance of vegetation in preserving
dunes.
(C) Location of roads.
31 TAC §15.4
(i) Wherever practicable, local govern-
ments may require permittees to locate
beach access roads in washover areas, blow-
out areas, or other areas where dune vegeta-
tion has already been disturbed; local gov-
ernments shall require permittees to build
such roads along the natural land contours.
to minimize the width of such roads, and
where possible, improve existing access
roads with elevated berms near the beach
that prevent channelization of floodwaters.
Where practicable, local governments shall
require permittees to locate roads at an ob-
lique angle to the prevailing wind direction.
(ii) Wherever practicable, local govern-
ments shall provide vehicular access to and
from beaches by using existing roads or from
roads constructed in accordance with para-
graph (1)(C) of this subsection and clause (i)
of this subparagraph. Local governments
shall not apply this provision in a manner
which restricts public beach access.
(iii) Local governments shall include in
any permit authorizing the construction of
roads a permit condition prohibiting persons
from using or parking any motor vehicle on,
through, or across dunes in critical dune
areas except for the use of vehicles on desig-
nated access ways.
(D) Artificial runoff channels. Local govern-
ments shall only authorize construction of arti-
ficial runoff channels (that direct stormwater
flow) if the channels are located in a manner
which avoids erosion and unnecessary con-
struction of additional channels. Local govern-
ments shall require that permittees make maxi-
mum use of natural or existing drainage pat-
terns, whenever practicable. when locating
new channels and stormwater retention basins.
However, if new channels are necessary, local
governments shall require that permittees di-
rect all runoff inland and not to the Gulf of
Mexico through critical dune areas, where
practicable.
(3) Mitigation. Mitigation means repairing, re-
habilitating, or restoring affected dunes and dune
vegetation. Local governments shall add condi-
tions to all permits requiring that permittees
mitigate all adverse effects on dunes and dune
vegetation which will occur after a permittee has
avoided and minimized such adverse effects to
the greatest extent practicable. Local govern-
ments shall require that permittees mitigate such
t
114
GENERAL LAND OFFICE
adverse effects by repairing, rehabilitating, or
restoring the affected dunes and dune vegetation.
Local governments shall require that the permit-
tee repair, rehabilitate, or restore affected dunes
(to the same volume as the pre-existing dunes)
and dune vegetation to be superior or equal to
the pre-existing natural dunes and dune vegeta-
tion in the dunes and dune vegetation's ability to
protect adjacent public and private property
from potential flood damage, nuisance, and ero-
sion and to protect natural resources. When de-
termining the appropriate mitigation method, lo-
cal governments shall consider the recommenda-
tions of the General Land Office, federal and
state natural resource agencies, and dune vegeta-
tion experts.
(A) Mitigation standards for dunes. Local
governments may allow a permittee to mitigate
adverse effects on dunes using vegetative or
mechanical means. Local governments shall
require that a permittee proposing to restore
dunes use the following techniques:
(i) restore dunes to approximate the natu-
rally formed dune position or location, con-
tour, volume, elevation, vegetative cover,
and sediment content in the area;
(ii) allow for the natural dynamics and
migration of dunes;
(iii) use discontinuous or continuous tem-
porary sand fences or an approved method
of dune restoration, where appropriate, con-
sidering the characteristics of the site; and
(iv) restore or repair dunes using indige-
nous vegetation that will achieve the same
protective capability or greater capability as
the surrounding natural dunes.
(B) Stabilization of critical dune areas. Local
governments shall give priority for stabilization
to blowouts and breaches when permitting res-
toration of dunes. Before permitting stabiliza-
tion of washover areas, local governments
shall:
(i) assess the overall impact of the project
on the beach/dune system;
(ii) consider any adverse effects on hydrol-
ogy and drainage which will result from the
project; and
(iii) require that equal or better public
beach access be provided to compensate for
impairment of any public beach access pre-
viously provided by the washover area.
COASTAL AREA PLANNING
(1) Compensation. Compensation means com-
pensating for the effects on dunes and dune
vegetation by replacing or providing substitute
dunes and dune vegetation.
A) On-site compensation. On-site compensa-
tion consists of replacement of the affected
dunes or dune vegetation on the site where the
dunes and dune vegetation were originally lo-
cated. A local government shall require a per-
mittee's compensation efforts to be located on
the construction site, where practicable. A lo-
cal government shall require a permittee to
follow the standards provided in paragraph
(3)(A) of this subsection and paragraph
(3)(C)(iii)-(v) of this subsection when replacing
dunes or dune vegetation.
B) Off-site compensation. Local govern-
ments shall require that a permfttee's compen-
sation efforts take place on the construction
site unless the permittee demonstrates the fol-
lowing facts to the local government:
(i) on-site compensation is not practica-
ble;
(ii) the off-site compensation will be locat-
ed as close to the construction site as practi-
cable;
(iii) the proffered off-site compensation
has achieved a 1:1 ratio of proposed adverse
effects on successful, completed, and stabi-
lized restoration prior to beginning construc-
tion;
(iv) the permittee has notified FEMA, Re-
gion 6, of the proposed off-site compensa-
tion.
(C) Information required for off-site compen-
sation. Local governments shall require per-
mittees to provide the following information
when proposing off-site compensation:
(i) the name, address, phone number, and
fax number, if applicable, of the owner of the
property where the off-site compensation
will be located;
(ii) a legal description of property intended
to be used for the proposed off-site compen-
sation;
(iii) the source of sand and the dune vege-
tation;
(iv) all information regarding permits and
certificates issued for the restoration of
dunes on the compensation site;
(v) all relevant information regarding the
success, current status, and stabilization of
11
31 TAC § 15.4
the dune restoration efforts on the compen-
sation site:
(vi) any increase in potential flood damage
to the site where the adverse effects on
dunes and dune vegetation will occur and to
the public and private property adjacent to
that site; and
(vii) the proposed date of initiation of the
compensation. Local governments shall in-
clude a condition in each permit authorizing
off-site compensation which requires permit-
tees to notify local governments in writing of
the actual date of initiation within 10 work-
ing days after compensation is initiated. If
the permittee fails to begin compensation on
the date proposed in the application, the
permittee shall provide the local government
with the reason for the delay. Local govern-
ments shall take this reason into account
when determining whether a permittee has
violated the compensation deadline.
(5) Compensation for adverse effects on dune
vegetation. Local governments shall require that
permittees compensate for adverse effects on
dune vegetation by planting indigenous vegeta-
tion on the affected dunes and shall consider the
recommendations of the General Land Office,
federal and state natural resource agencies, and
dune vegetation experts. Local governments may
allow a permittee to use temporary sand fencing
or another approved method of dune restoration.
Local governments shall prohibit a permittee
from compensating for adverse effects on dune
vegetation by removing existing vegetation from
private or state-owned property unless the per-
mittee has received prior written permission
from the property owner or the state. In addition
to the requirement that permission be obtained
from the property owner, all persons are prohib-
ited from removing vegetation from a critical
dune area or seaward of a dune protection line
unless specifically authorized to do so in a dune
protection permit. Local governments shall in-
clude conditions in such permits requiring the
permittee to provide a copy of the written per-
mission for vegetation removal and to identify
the source of any sand and vegetation which will
be used to compensate for adverse effects on
dunes and dune vegetation in the mitigation plan
contained in the permit application.
(g) Mitigation or compensation deadline.
(1) Initiation of compensation. Local govern-
ments shall require permittees to begin compen-
5
31 TAC § 15.4
sation for any adverse effect(s) to dunes and
dune vegetation prior to or concurrent with the
commencement of construction. If compensation
is not completed prior to commencement of con-
struction, the local government shall require that
the permittee provide the local government with
proof of financial responsibility in an amount
equal to that necessary to complete the mitiga-
tion. This can be done in the form of an irrevoca-
ble letter of credit, performance bond. or any
other instrument acceptable to the local govern-
ment.
(2) Completion of compensation. Local govern-
ments shall require permittees to conduct com-
pensation efforts continuously until the repaired,
rehabilitated, and restored dunes and dune vege-
tation are equal or superior to the pre-existing
dunes and dune vegetation. These efforts shall
include preservation and maintenance pending
completion of compensation.
(3) Local government determination of com-
pletion of compensation. Local governments
shall determine a compensation project complete
when the dune restoration project's position,
contour, volume, elevation, and vegetative cover
has reached a level that matches or exceeds the
surrounding naturally formed dunes.
(4) State agency notification of compensation
certification. Local governments shall provide
written notification to the General Land Office
after determining that the compensation is com-
plete. The General Land Office may conduct a
field inspection to verify compliance with this
subchapter. If the local government does not
receive an objection from the General Land Of-
fice regarding the completion of compensation
within 30 working days after the General Land
Office is notified in writing, the local government
may certify that the compensation is complete.
(5) Violation of compensation deadline. The
General Land Office recognizes that the time
necessary to restore dunes and dune vegetation
varies with factors such as climate, time of year,
soil moisture, plant stability, and storm activity.
The permittee shall be deemed to have failed to
achieve compensation if a 1:1 ratio has not been
achieved within three years after beginning com-
pensation efforts.
Source: The provisions of this §15.4 adopted to be effective
Febnsan 17, 1993. 18 TexReg 661.
Cron References This Section cited in 31 TAC §15.6, (relating
to Concurrent Dune Protection and Beachfront Construction
Standards/.
116
GENERAL LAND OFFICE
§ 15.5. Beachfront Construction Standards
• (a) Local government certification of beachfront
construction. This section provides the standards
local governments shall follow when preparing that
portion of the dune protection a_:c beach access
plan specifically related to issuing or conditioning
beachfront construction certificates. In general,
within its jurisdiction, a local government shall not
allow diminution of the size of public beaches and
shall preserve and enhance public access between
public beaches and public roads lying landward. A
local government certification shall consist of one
of two affirmative findings: an affirmative finding
by a local government that the proposed construc-
tion is consistent with the beach access portion of a
local governments dune protection and beach ac-
cess plan and does not encroach upon the public
beach, nor does it interfere with, or otherwise
restrict, the public's right to use and have access to
and from the public beach; or an affirmative find-
ing that the proposed construction is inconsistent
with ae beach access portion of a local govern-
ment s dune protection and beach access plan. The
beach access portion of the local government s
dune protection and beach access plan shall pro-
vide that beachfront construction will not adversely
affect or allow encroachments upon the public
beach or interfere with or otherwise impair the
public's right to use and have access to and from
the public beach.
(b) Prohibition of certification. Local govern-
ments shall not issue a certificate authorizing
beachfront construction if the local government
determines that the construction:
(1) reduces the size of the public beach in any
manner; or
(2) closes or otherwise impairs any existing
public beach access point unless the local gov-
ernment simultaneously provides or requires the
permittee to provide equivalent or better public
access.
(c) Encroachments on public beaches.
(1) Prohibition of construction on the public
beach. A local government is prohibited from
issuing a certificate authorizing any person to
undertake any construction on the public beach
or any construction that encroaches in whole or
in part on the public beach. This prohibition does
not prevent the approval of man-made vegetated
mounds and dune walkovers under a properly
issued dune protection permit and beachfront
construction certificate. Any issuance or approv-
COASTAL AREA PLANNING
al of a permit, certificate. or any other instru-
ment contrary to this subsection is void.
(2) Construction landward of the public beach.
Local governments shall not issue any beachfront
construction certificate authorizing construction
landward of the public beach that functionally
supports or depends on, or is otherwise reiated
to, proposed or existing structures that encroach
on the public beach, regardless of whether the
encroaching structure is on land that was previ-
ously landward of the public beach.
(d) Dedication of new beach access points.
(I) Pursuant to the authority provided in the
Open Beaches Act, §61.015(g), and as a condition
of beachfront construction certification as to con-
sistency with a local government's plan. a local
government shall require a permittee to dedicate
to the public new public beach access or parking
area(s), where necessary, for consistency with
the beach access and use, vehicular control, or
beach user fee provisions of the pertinent state -
approved dune protection and beach access plan.
Such provisions shall incorporate the standards
for pedestrian and vehicular access established
in §15.7 of this title (relating to Local Govern-
ment Management of the Public Beach).
(2) A local government shall require a permit-
tee to dedicate an access area if it issues a
certificate allowing a permittee to conduct activi-
ties which will impair access to and from the
beach in any manner. Such a dedicated access
area shall provide access equivalent to or better
than the access impaired by the permittee's activ-
ity and shall be consistent with the pertinent
provisions regarding beach access and use, ve-
hicular controls, or beach user fees as contained
in that local government's dune protection and
beach access plan.
Sainte: The provisions of this 415.5 adopted to be effective
February 17, 1993, 18 TexReg 661.
Cross References: This Section cited in 31 TAC §15.4, (relating
to Dune Protection Standards); 31 TAC §15.6. (relating to Con-
current Dune Protection and Beachfront Construction Standards).
§ 15.6. Concurrent Dune Protection and
Beachfront Construction Standards
(a) Local government application of standards.
This section provides the standards local govern-
ments shall follow when issuing, denying, or condi-
tioning dune protection permits and beachfront
construction certificates. This section applies to all
construction within the geographic scope of this
subchapter and to either permits or certificates or
T T
117
31 TAC § 15.6
both. The requirements of this section are in addi-
tion to the requirements in §15.4 of this title (relat-
ing to Dune Protection Standards) and §155 of this
title (relating to Beachfront Construction Stan-
dards).
(b) Location of construction. Local governments
shall require permittees to locate all construction
as far landward as is practicable and shall not
allow any construction which may aggravate ero-
sion.
(c) Prohibition of erosion response structures.
Local governments shall not issue a permit or
certificate allowing construction of an erosion re-
sponse structure. However, a local government
may issue a permit or certificate authorizing con-
struction of a retaining wall, as defined in §15.2 of
this title (relating to Definitions), under the follow-
ing conditions. These conditions only apply to the
construction of a retaining wall; all other erosion
response structures are prohibited.
(1) A local government shall not issue a permit
authorizing the construction of a retaining wall
within the area 200 feet landward of the line of
vegetation.
(2) A local government may issue a permit
authorizing construction of a retaining wall in
the area more than 200 feet landward of the line
of vegetation.
(d) Existing erosion response structures. In no
event shall local governments issue permits or cer-
tificates authorizing maintenance or repair of an
existing erosion response structure on the public
beach or the enlargement or improvement of the
structure within 200 feet landward of the natural
vegetation line. Also within 200 feet landward of
the natural vegetation line, local governments shall
not issue a permit or certificate allowing any per-
son to maintain or repair an existing erosion re-
sponse structure if the structure is more than 50%
damaged, except under the following circum-
stances.
(1) When failure to repair the structure will
cause unreasonable hazard to a public building,
public road, public water supply, public sewer
system, or other public facility immediately land-
ward of the structure.
(2) When failure to repair the structure will
cause unreasonable flood hazard to habitable
structures because adjacent erosion response
structures will channel floodwaters to the habit-
able structure.
(e) Construction in flood hazard areas.
31 TAC § 15.6
(1) A local government shall not issue a permit
or certificate that does not comply with FEMA's
regulations governing construction in flood haz-
ard areas. FEMA prohibits man-made alteration
of sand dunes and mangrove stands within Zones
V1-30, V, and VE on the community's flood in-
surance rate maps which would increase the
potential for flood damage.
(2) A local government shall inform the Gener-
al Land Office and the FEMA regional represen-
tative in Texas before it issues any variance from
FEMA regulations or allows any activity done in
variance of FEMA's regulations found in Volume
44 of the Code of Federal Regulations, Parts
59-77. Variances may adversely affect a local
government's participation in the National Flood
Insurance Program.
(3) A local government shall not issue a permit
or certificate that does not comply with FEMA
minimum requirements or with the FEMA -ap-
proved local ordinance or county commissioners
court order.
(f) Construction in eroding areas. Local govern-
ments with jurisdiction over eroding areas shall
follow the standards provided in §15.4 of this title
(relating to Dune Protection Standards) and §15.5
of this title (relating to Beachfront Construction
Standards). If there is any conflict between this
subsection, §15.4 of this title (relating to Dune
Protection Standards), and §15.5 of this title (relat-
ing to Beachfront Construction Standards), this
subsection applies. The General Land Office may
supply information for or assist a local government
in defining eroding areas. In addition, because of
the higher risk of damage from flooding or erosion
in such areas, local governments shall:
(1) require that structures built in eroding ar-
eas be elevated on pilings in accordance with
FEMA minimum standards or above the natural
elevation (whichever is greater):
(2) require that structures located on property
adjacent to the public beach be designed for
feasible relocation;
(3) prohibit a permittee from paving or altering
the ground below the lowest habitable floor
(however, gravel or crushed limestone may be
used to stabilize driveways); and
(4) require financial assurance to fund eventual
relocation or demolition of the proposed struc-
ture (i.e., through proof of Upton -Jones coverage
in the National Flood Insurance Program).
GENERAL LAND OFFICE
(g) Construction affecting natural drainage pat-
terns. Local governments shall not issue a certifi-
cate or permit authorizing construction unless the
construction and property design is designed so as
to minimize impacts on natural hydrology. Such
projects shall not cause erosion to adjacent proper-
ties, critical dune areas, or the public beach.
Source: The provisions of this §15.6 adopted to be effective
February 17, 1993, 18 TexReg 661.
Cross References: This Section cited in 31 TAC §15.4, (relating
to Dune Protection Standards).
§ 15.7. Local Government Management of the
Public Beach
(a) Standards applicable to local governments.
This section provides standards applicable to local
government issuance, denial, or conditioning of
permits or certificates, as well as all other local
government activities relating to management of
public beaches.
(b) Construction of coastal and shore protection
projects. Local governments shall encourage care-
fully planned beach nourishment and sediment by-
passing for erosion response management and pro-
hibit erosion response structures within the public
beach and 200 feet landward of the natural vegeta-
tion line.
(c) Monitoring. A local government or the state
may require a permittee to conduct or pay for a
monitoring program to study the effects of a coast-
al and shore protection project on the public
beach. Further, permittees are required to notify
the state and the appropriate local government of
any discernible change in the erosion rate on their
property.
(d) Requirements for beach nourishment pro-
jects. A local government shall not allow a beach
nourishment project unless it finds and the project
sponsor demonstrates that the following require-
ments are met.
118
(1) The project is consistent with the local
government's dune protection and beach access
plan.
(2) The sediment to be used is of effective grain
size, mineralogy, and quality or the same as the
existing beach material.
(3) The proposed nourishment material does
not contain the toxic materials listed in Volume
40 of the Code of Federal Regulations. Part
302.4, in concentrations which are harmful to
people, flora, and fauna as determined by appli-
cable, relevant, and appropriate requirements for
COASTAL AREA PLANNING
toxicity standards established by the local. state.
and federal governments.
(4) There will be no adverse environmental
effects on the property surrounding the area
from which the sediment will be taken or to the
site of the proposed nourishment.
(5) The removal of sediment will not have any_
adverse impacts on flora and fauna.
(6) There will be no adverse effects caused
from transporting the nourishment material.
(e) Restored dunes on public beaches. Sand
dunes, either naturally created or restored, may aid
in the preservation of the common law public
beach rights by slowing beach erosion processes.
Except as otherwise provided, local governments
shall allow restoration of dunes on the public
beach only under the following conditions. Re-
stored dunes may be located farther seaward than
the 20 -foot restoration area only upon an affirma-
tive demonstration by the permit applicant that
substantial dunes would likely form farther sea-
ward naturally. Such seaward extension past the
20 -foot area must first receive prior written ap-
proval of the General Land Office and the attorney
general's office. In the absence of such an affirma-
tive demonstration by the applicant, a local govern-
ment shall require the applicant to meet the follow-
ing standards relating to the location of restored
dunes.
(1) Local governments shall require persons to
locate restored dunes in the area extending no
more than 20 feet seaward of the landward
boundary of the public beach. Local governments
shall ensure that the 20 -foot restoration area
follows the natural migration of the vegetation
line.
(2) Local governments shall not allow any per-
son to restore dunes, even within the 20 -foot
corridor, if such dunes would restrict or interfere
with the public use of the beach at normal high
tide.
(3) Local governments shall require persons to
restore dunes to be continuous with any sur-
rounding naturally formed dunes and shall ap-
proximate the natural position, contour, volume,
elevation, vegetative cover, and sediment content
of any naturally formed dunes in the proposed
dune restoration area.
(4) Local governments shall require persons
restoring dunes to use indigenous vegetation that
will achieve the same protective capability as the
surrounding natural dunes.
119
31 TAC § 15.7
(5) Local governments shall not allow any per-
son to restore dunes using :v of the following
methods or materials:
(A) hard or engineered structures:
(B) materials such as bulkheads, riprap, con-
crete, or asphalt rubble, building construction
materials, and any non -biodegradable items;
(C) fine. clayey, or silty sediments;
(D) sediments containing the toxic materials
listed in Volume 40 of the Code of Federal
Regulations, Part 302.4, in concentrations
which are harmful to people, flora, and fauna
as determined by applicable, relevant, and ap-
propriate requirements for toxicity standards
established by the local, state, and federal gov-
ernments; and
(E) sand obtained by scraping or grading
dunes or the beach.
(6) Local governments may allow persons to
use the following dune restoration methods or
materials:
(A) piles of sand having similar grain size
and mineralogy as the surrounding beach;
(B) temporary sand fences conforming to
General Land Office guidelines;
(C) organic brushy materials such as used
Christmas trees; and
(D) sand obtained by scraping accreting
beaches only if the scraping is approved by the
local government and the project is monitored
to determine any changes that may increase
erosion of the public beach.
(7) Local governments shall protect restored
dunes under the same restrictions and require-
ments as natural dunes under the local govern-
ment's
overn-
ments jurisdiction. All applications submitted to
a local government for reconstructing dunes on
the public beach shall be forwarded to both the
General Land Office and the attorney general's
office at least 10 working days prior to the local
governments consideration of the permit. Fail-
ure of the General Land Office or the attorney
general's office to submit comments on an appli-
cation for such restored dunes shall not waive,
diminish, or otherwise modify the beach access
and use rights of the public.
(8) Local governments shall not allow a per-
mittee to construct or maintain a private struc-
ture on the restored dunes within critical dune
areas or seaward of a dune protection line, ex-
cept for specifically permitted dune walkovers or
similar access ways.
31 TAC § 15.7
(f) Dune walkovers. Local governments shall only
allow dune walkovers. including other similar
beach access mechanisms, which extend onto the
public beach under the following circumstances.
(1) Local governments shall require that per-
mittees restrict the walkovers, to the greatest
extent possible, to the most landward point of the
public beach.
(2) Local governments shall require that per-
mittees construct and locate the walkovers in a
manner that will not interfere with or otherwise
restrict public use of the beach at normal high
tides.
(3) Local governments shall require that per-
mittees relocate walkovers to follow any land-
ward migration of the public beach or seaward
migration of dunes using the following proce-
dures and standards.
(A) After a major storm or any other event
causing significant landward migration of the
landward boundary of the public beach, local
governments shall require permittees to shor-
ten any dune walkovers encroaching on the
public beach to the appropriate length for re-
moval of the encroachment. This requirement
shall be contained as a condition in any permit
and certificate issued authorizing construction
of walkovers. Local governments are required
to assess the status of the public beach bound-
ary within 30 days after a major storm or other
event causing significant landward migration
of the public beach. After the assessment, local
governments shall inform the General Land
Office and the attorney general's office of any
encroachments on the public beach within 10
days of completing the assessment.
(B) In cases where the migration of the land-
ward boundary of the public beach occurs
slowly over a period of time or where a dune
walkover needs to be lengthened because of
the seaward migration of dunes, the permittee
shall apply for a permit or certificate authoriz-
ing the modification of the structure.
(g) Preservation and enhancement of public
beach use and access. A local government shall
regulate pedestrian or vehicular beach access, traf-
fic, and parking on the beach only in a manner that
preserves or enhances existing public right to use
and have access to and from the beach. A local
government shall not impair or close an existing
access point or close a public beach to pedestrian
or vehicular traffic without prior approval from the
General Land Office.
GENERAL LAND OFFICE
(1) For the purposes of this subchapter, beach
access and use is presumed to be preserved if the
following criteria are met.
(A) Parking on or adjacent to the beach is
adequate to accommodate one car for each 15
linear feet of beach.
(B) Where vehicles are prohibited from driv-
ing on and along the beach, ingress/egress
access ways are no farther apart than 1 mile.
(C) Signs are conspicuously posted which
explain the nature and extent of vehicular con-
trols, parking areas, and access points. Local
governments may establish their own beach
access and use standards for General Land
Office approval and certification based upon
the General Land Office's affirmative finding
that such standards preserve and enhance the
public's right to use and access the public
beach.
(2) A local government shall have an adopted,
enforceable, written policy prohibiting the local
government's abandonment, relinquishment, or
conveyance of any right, title, easement, right-of-
way, street, path, or other interest that provides
existing or potential beach access, unless an al-
ternative equivalent or better beach access is first
provided by the local government consistent with
its dune protection and beach access plan.
(3) This provision does not apply to any exist-
ing local government traffic regulations enacted
before the effective date of this subchapter, and
the former law is continued in effect until the
regulations are amended or changed in whole or
in part. New or amended vehicular traffic regula-
tions enacted for public safety, such as establish-
ing speed limits and pedestrian rights-of-way, are
exempt from the certification procedure but must
nevertheless be consistent with the Open Beach-
es Act and this subchapter.
(4) This subchapter does not prevent a local
government from using its existing authority to
close individual beach access points for emergen-
cies related to public safety. However, the stan-
dards and procedures for such emergency clo-
sures shall be included in its state -approved dune
protection and beach access plan.
(h) Request for state agency approval of beach
access plan. When requesting approval, a local
government shall submit a plan to the General
Land Office and the attorney general's office pro-
viding the following information:
120
COASTAL AREA PLANNING
(1) a current description and map of the entire
beach access system within its jurisdiction;
(2) the status of beach access demonstrated
through evidence such as photographs. surveys,
and statistics regarding the number of beach
users.
(3) a detailed description of the proposed
beach access plan replacing the existing beach
access system. Such description shall demon-
strate the method of providing equivalent or bet-
ter access to and from the public beaches; and
(4) a vehicular control plan, if the local govern-
ment proposes either new or amended vehicular
controls for the public beach. The vehicular con-
trol plan must include, at a minimum, the follow-
ing information:
(A) an inventory and description of all exist-
ing vehicular access ways to and from the
beach and existing vehicular use of the beach;
(B) all legal authority, including local gov-
ernment ordinances that impose existing vehic-
ular controls;
(C) a statement of any short-term or long-
range goals for restricting or regulating vehic-
ular access and use;
(D) an analysis and statement of how the
proposed vehicular controls are consistent or
inconsistent with the state standards for pre-
serving and enhancing public beach access set
forth in this subchapter. If a local government
or the state determines that the vehicular con-
trols are not consistent with state standards,
the local government shall prepare a plan for
achieving consistency within a period of time
to be determined by the General Land Office
and the attorney general's office. This plan
shall include a detailed description of the
means and methods of upgrading the availabil-
ity of public parking and access ways, includ-
ing funding for such improvements; and
(E) a description of how vehicular manage-
ment relates to beach construction manage-
ment, beach user fees, and dune protection
within the jurisdiction of the local government.
(i) Integration of vehicular control plan and oth-
er plans. The vehicular control plan may be a part
of a local government's beach access and use plan
required under the Texas Natural Resources Code,
§61.015, any beach user fee plan required under
the Texas Natural Resources Code, §61.022, and
any dune protection program required under the
Texas Natural Resources Code, Chapter 63. The
121
31 TAC § 15.7
General Land Office encourages local governments
to combine and integrate these various plans and
programs.
(j) State agency approval of vehicular control
plan. A local government shall submit the vehicular
control plan to the General Land Office and the
attorney general's office no later than 90 working
days prior to taking any action on the plan. This
provision does not prevent a Local government
from exercising its existing authority over vehicular
controls in emergencies. The standards and proce-
dures for such emergency vehicular controls shall
be submitted to the state in the vehicular control
portion of a local government's dune protection
and beach access plan. A plan may be approved if
the vehicular controls are found to be consistent
with the Open Beaches Act and with this subchap-
ter. Prior to final adoption or implementation of a
new or amended vehicular control ordinance, the
local government shall obtain state certification of
the plan for vehicular control pursuant to the Open
Beaches Act, §61.022.
(k) Maintaining the public beach. Local govern-
ments shall prohibit beach maintenance activities
unless maintenance activities will not materially
weaken dunes or dune vegetation or reduce the
protective functions of the dunes. Local govern-
ments shall prohibit beach maintenance activities
which will result in the significant redistribution of
sand or which will significantly alter the beach
profile. All sand moved or redistributed due to
beach maintenance activities shall be returned to a
location seaward of a dune protection line or with-
in critical dune areas. The General Land Office
encourages the removal of litter and other debris
by handpicking or raking and strongly discourages
the use of machines (except during peak visitation
periods) which disturb the natural balance of gains
and losses in the sand budget and the natural cycle
of nutrients.
(1) Prohibitions on signs. A local government
shall not cause any person to display or cause to be
displayed on or adjacent to any public beach any
sign, marker, or warning, or make or allow to be
made any written or oral cornrnunication which
states that the public beach is private property or
represent in any other manner that the public does
not have the right of access to and from the public
beach or the right to use the public beach as
guaranteed by this subchapter, the Open Beaches
Act, and the common law right of the public.
Smarm The provisions of this §15.7 adopted to be effective
February 17, 1993, 18 TexReg 661.
Cross Pdaanom This Section cited in 31 TAC 415.5. (relating
to Beachfront Construction Standards).
31 TAC § 15.8
§ 15.8. Beach user Fees
(a) Eligibility. Local governments shall not initi-
ate or amend a beach user fee unless the governing
body of the local government with jurisdiction over
the area subject to the fee has a state approved
dune protection and beach access plan.
(b) Reciprocity of fees. Within each county, local
governments are required to establish a state -ap-
proved system for reciprocity of fees and fee privi-
leges among the county and the different local
governments authorized to charge beach user fees.
The establishment of a system of beach user fee
reciprocity shall be a condition of state approval of
local dune protection and beach access plans.
(c) Amount of beach user fees.
(1) A local government shall not impose a fee
or charge for the exercise of the public right of
access to and from public beaches. A local gov-
ernment may charge beach users a fee in ex-
change for providing services to beach users in
general. A local government may only impose a
beach user fee if the fee is reasonable taking into
account the cost to the local government of pro-
viding public services and facilities directly relat-
ed to the public beach. A reasonable fee is one
that recovers the cost of providing and maintain-
ing beach -related services. In addition, any fee
collected for off -beach parking to provide access
to and from the public beach is considered a
beach user fee.
(2) Local governments shall not impose a
beach user fee which:
(A) exceeds the necessary and actual cost of
providing reasonable beach -related public fa-
cilities and services;
(B) unfairly limits public use of and access to
and from public beaches in any manner;
(C) is inconsistent with this subsection or the
Open Beaches Act; or
(D) discriminates on the basis of residence.
(d) Beach user fee plan. A local government that
proposes a new or amended beach user fee shall
first prepare a plan that includes, at a minimum,
the following information:
(I) a description of the current beach access
system within its jurisdiction demonstrated
through evidence such as photographs, surveys,
and statistics regarding the number of beach
users;
122
r
GENERAL LAND OFFICE
(2) a listing and description of all existing
beach user fees charged by the local government
and by all other local governments in the same
county;
(3) all legal authority, including local ordi-
nances that authorize the collection of existing
beach user fees;
(4) an analysis and statement of how the pro-
posed user fee is or is not consistent with state
standards set forth in this subchapter for preserv-
ing and enhancing public beach access;
(5) how the beach user fee relates to beach-
front construction, vehicular controls, and park-
ing, and dune protection within the jurisdiction
of the local government;
(6) a statement of any short-term or long-range
goals relating to the collection and use of beach
user fees.
(e) State agency approval of beach user fees. A
local government shall not impose a beach user fee
or amend an existing beach user fee that is incon-
sistent with the beach user fee portion of its dune
protection and beach access plan. To receive state
approval for initiating its beach user fee plan or
amending a beach user fee, a local government
shall submit its beach user fee plan to the General
Land Office and the attorney general's office no
later than 90 working days prior to any local gov-
ernment action on the beach user fee. The General
Land Office shall certify whether the initiation or
amendment of a beach user fee is consistent with
this subchapter and the Open Beaches Act. Certifi-
cation of consistency shall be by adoption into the
rules authorized by the Open Beaches Act.
(f) Beach user fee revenues. Revenues from
beach user fees may be used only for beach -related
services. For each fiscal year, a local government
shall not spend more than 10% of beach user fee
revenues on reasonable administrative costs direct-
ly related to beach -related services. Each local gov-
ernment shall send quarterly reports to the General
Land Office stating the amount of beach user fee
revenues collected and itemizing how beach user
fee revenues are expended. The General Land Of-
fice may prescribe reporting forms or methods. The
General Land Office shall suspend the local gov-
ernment's
ov-
ernments privilege to collect fees and shall revoke
approval of any pertinent dune protection and
beach access plan if the beach user fee revenues
have been spent on services which are not beach -
related.
COASTAL AREA PLANNING
(g) Beach user fee accounts. Local governments
shall follow the following methods for administer-
ing beach user fee accounts.
(1) Beach user fee revenues shall be main-
tained and accounted for so that fee collections
may be directly traced to expenditures on beach -
related services. Beach user fee revenues shall
not be commingled with any other funds and
shall be maintained in separate bank accounts.
(2) Beach user fee revenues shall be main-
tained in a separate account and documented in
a separate financial statement for each beach
user fee. Beach user fee revenue account bal-
ances and expenditures shall be documented ac-
cording to generally accepted accounting princi-
ples.
(h) Free beach access. Local governments that
collect a beach user fee for on -beach parking or
driving or for off -beach parking for beach access
shall maintain free public beach access by provid-
ing areas where no fee is charged for parking on or
off the beach and for pedestrian access. This re-
quirement applies to each state -approved dune pro-
tection and beach access plan, not to each local
government with jurisdiction over the public
beach.
(i) Access for disabled persons. Local govern-
ments shall establish, preserve, and enhance access
for disabled persons. Provisions for access for dis-
abled persons shall be included in local govern-
ment dune protection and beach access plans.
(j) Identification of fee and non -fee areas. For
any local government collecting a beach user fee
for on -beach parking or driving, both fee and non -
fee beach areas shall be conspicuously marked with
signs that clearly indicate, at a minimum, the loca-
tion of both the fee and non -fee areas and the
identity of the local government collecting the fee.
In addition, maps identifying fee and non -fee areas
shall be provided to the public by any local govern-
ment collecting a beach user fee.
(k) Coordination with other beach -related plans.
The beach user fee plan shall be a part of a local
government's beach access and use plan required
under the Open Beaches Act, §61.015, any vehicu-
lar control plan required under the Open Beaches
Act, §61.022, and any dune protection program
required under the Texas Natural Resources Code,
Chapter 63. The General Land Office requires local
governments to combine and integrate these vari-
ous plans.
31 TAC § 15.10
Source: The provisions of this §15.8 adopted to be effective
February 17, 1993. 18 TexReg o61.
§ 15.9. Penalties
(a) In addition to any penalties assessed by a
local government, any person (as defined in this
subchapter) who violates either the Dune Protec-
tion Act, the Open Beaches Act, this subchapter, or
a permit or certificate condition is liable to the
General Land Office for a civil penalty of not less
than $50 nor more than S1,000 per violation per
day. Each day the violation occurs or continues
constitutes a separate violation. Violations of the
Dune Protection Act, the Open Beaches Act, and
the rules adopted pursuant to those statutes are
separate violations, and the General Land Office
may assess separate penalties. The assessment of
penalties under one Act does not preclude another
assessment of penalties under the other Act for the
same act or omission. Conversely, compliance with
one statute and the rules adopted thereunder does
not preclude the General Land Office from assess-
ing penalties under the other statute and the rules
adopted pursuant to that statute.
(b) Local governments are included in the defini-
tion of "person" in §I5.2 of this title (relating to
Definitions), and as such, they are liable for penal-
ties for any violations of this subchapter, the Dune
Protection Act, and the Open Beaches Act. A local
government will be liable for penalties for such
violations, including, but not limited to, failure to
submit a dune protection and beach access plan to
the General Land Office and the attorney general's
office; failure to maintain and enforce its plan;
and failure to implement the plan. These violations
are in addition to any other violations of this sub-
chapter for which a local government may be liable
for penalties.
(c) In determining whether the assessment of
penalties is appropriate, the General Land Office
will consider the following mitigating circum-
stances: acts of God, war, public riot, or strike;
unforeseeable. sudden, and natural occurrences of
a violent nature; and willful misconduct by a third
party not related to the permittee by employment
or contract.
Source The provisions of this §15.9 adopted to be effective
February 17, 1993. 18 TexReg 661.
Cross Rareness: This Section cited in 31 TAC §15.3, (relating
to Administration).
§ 15.10. General Provisions
(a) Construction. A local government's ordi-
nances, orders, resolutions, or other enactments
123
31 TAC § 15.10
covered by this subchapter shall be read in harmo-
ny with thi' bchapter. If there is any conflict
between thea which cannot be reconciled by ordi-
nary rules egal interpretation, this subchapter
controls. C .fication of a local government's
beach acce.:. and use plan by the General Land
Office may not be construed to expand or detract
from the statutory or constitutional authority of
that local government or any other governmental
entity, nor may any person construe such certifica-
tion to authorize a local government or any other
governmental entity to alienate public property
rights in public beaches.
(b) Boundary of the public beach. The attorney
general shall make determinations on issues relat-
ed to the location of the boundary of the public
beach and encroachments on the public beach pur-
suant to the requirements of the Open Beaches Act,
§61.016 and §61.017, and §15.3(b) of this title
(relating to Administration). The General Land Of-
fice and the local governments will consult with the
attorney general whenever questions of encroach-
ment and boundaries arise with respect to the
public beach.
(c) Public beach presumption. Except for beach-
es on islands or peninsulas not accessible by public
road or ferry facility, in administering its plan a
local government shall presume that any beach
fronting the Gulf of Mexico within its jurisdiction is
a public beach unless the owner of the adjacent
land obtains a declaratory judgment otherwise un-
der the Open Beaches Act, §61.019. That section
provides that any person owning property fronting
the Gulf of Mexico whose rights are determined or
affected by this subchapter may bring suit for a
declaratory judgment against the state to try the
issue or issues.
(d) Violations. No person shall violate any provi-
sion of this subchapter, a local government dune
protection and beach access plan, or any permit or
certificate or the conditions contained therein.
(e) Reporting violations. Any local government
with knowledge of a violation or a threatened viola-
tion of a permit, a certificate, its dune protection
and beach access plan, the Dune Protection Act,
the Open Beaches Act, or this subchapter shall
inform the General Land Office of the violation(s)
within 24 hours.
(f) Withdrawal of plan certification. The General
Land Office may withdraw certification of all or
any part of a local government's dune protection
and beach access plan if the local government does
GENERAL LAND OFFICE
not comply with its plan, this subchapter, the Dune
Protection Act, or the Open Beaches Act. Without
further action by the General Land Office, a local
government loses, by operation of law, the authori-
ty to issue permits or certificates authorizing con-
struction within the geographic scope of this sub-
chapter and the privilege to collect beach user fees
if state agency certification of its dune protection
and beach access plan is withdrawn.
(g) Notice of withdrawal of plan certification.
The General Land Office will notify the local gov-
ernment and the attorney general's office 60 days
prior to withdrawing General Land Office certifica-
tion of the local government's plan. The local gov-
ernment may submit to the General Land Office
any evidence demonstrating full compliance with
its plan, this subchapter, the Dune Protection Act,
and the Open Beaches Act. The General Land Of-
fice will consider the good faith efforts of any local
government to immediately and fully comply with
those laws during the 60 -day period after the notifi-
cation of intent to withdraw certification.
(h) The provisions contained in this subchapter
do not limit the authority of the General Land
Office and the attorney general's office to enforce
this subchapter, the Dune Protection Act, and the
Open Beaches Act pursuant to the Texas Natural
Resources Code, §63.181 and §61.018.
(i) Appeals. The Dune Protection Act, §63.151,
and the Open Beaches Act, §61.019, contain the
provisions for appeals related to this subchapter.
Source: The provisions of this §15.10 adopted to be effective
February 17. 1993, 18 TexReg 661.
Cross References: This Section cited in 31 TAC §15.3, (relating
to Administration).
124
APPENDIX XII
SUBTITT.E E. BEACHES AND DUNES
CHAPTER 61. USE AND MAINTENANCE OF
PUBLIC BEACHES
SUBCHAPTER A. GENERAL PROVISIONS
Section
61.001. Definitions.
[Sections 61.002 to 61.010 reserved for expansion]
SUBCHAPTER B. ACCESS TO PUBLIC BEACHES
61.011. Public Policy.
61.012. Definition.
61.013. Prohibition of Obstructions.
61.014. Denial of Access by Posting.
61.015. Beach Access and Use Plan.
61.016. Boundaries for Areas With No Marked Vegetation Line.
61.017. Line of Vegetation Unaffected by Certain Conditions.
61.018. Enforcement
6L019. Declaratory Judgment Suits.
61.020. Prima Facie Evidence.
61.021. Area Not Covered by Subchapter.
61.0211. State or National Park Covered by
Subchapter.
61.022. Exemption for Certain Structures.
61.023. Effect on Land Titles and Property Adjacent to and on Beaches.
61.024. Effect of Subchapter on Definition of Public Beach.
61.025. Disclosure to Purchaser of Property.
61.026. -Beach Ames Public Awareness and
Education.
[Sections 61.027 to 61.060 reserved for expansion]
SUBCHAPTER C. MAINTENANCE OF THE PUBLIC BEACHES
61.061. Purpose.
61.062. Public Policy.
61.063. Definition.
61.064. Application of Subchapter.
61.065. Duty of Cities.
61.066. Duty of County.
61.067. Duty of State.
61.068. Application Requirement.
61.069. Contents of Application.
61.070. Parking and Use Fees.
61.071. Compliance Before Approval.
61.072. State Funds.
61.073. Conditions for Payments.
T
Ch. 61
BEACHES AND DUNES
• § 61.001
SUBCHAPTER F. REMOVAL OF SAND, MARL,
GRAVEL, AND SHELL
Section
61.211. Findings.
61.212. Exemptions From Subchapter.
61.213. Application.
61.214. Contents of Application.
61.215. Prerequisites to Issuance of Permit.
61.216. Notice of Applications Received.
61.217. Public Hearing.
61.218. Notice of Public Hearing.
61.219. Issuance of Permit.
61.220. Return of Filing tee.
61.221. Assignment of Permits.
61.222. Termination and Revocation of Permit.
61.223. Suits for Orders and injunctions.
61.224. Penalty.
61.225. Sand. Marl. Gravel. or Shell From Public Beaches Within In-
corporated Cities. Towns. or Villages.
61.226. Application of Subchapter to Certain Islands and Peninsulas.
61.227. Authority of Parks and Wildlife Department.
SUBCHAPTER G. BEACH
STUDY COMMITTEE
61.251. Beach Study Committee.
61.252. Expenses.
61.253. Committee Duties.
SUBCHAPTER A. GENERAL PROVISIONS
§ 61.001. Definitions
In this chapter.
(1) "Commissioner" means the Commissioner of the General Land Office.
(2) "Consanction" means causing or carrying out ar, r ,mldmg, bulkheading, filling,
clearing, excavation, or any substantial improvement land or the size of any
structure.
(3) "Department" trans the Pars and Wildlife Department
-- (4) "land office" means the General Land Office.
( means the extreme seaward boundary of natural vegetation
which
inland.
(6) "Littoral ownal' means the owner of land adjacent to the shore and includes a
lessee. licensee. or anyone acting under the littoral owner's authority.
('f) "Lava► government" means a municipality, county, or any other political subdivi-
sion of the state.
(8) "Public beach" means any beach area. whether publicly or privately owned.
,extending inland from the line of mean low tide to the line of vegetation bordering on
the Gulf of Mexico to which the public has acquired the richt of use .or easement to or
over the area by presaipbon, dediation, presumption. or has retained a right by virtue
of continuous right in the public since time immemorial, as recognized in. law and
custom. This definition does not include a beach that is not accessible by a public road
or public ferry as provided in Section 61.021 of this code.
PUBLIC DOMAIN
[Sections 61.002 to 61.010 reserved for expansion]
SUBCHAPTER B. ACCESS TO PUBLIC BEACHES
Title
§ 61.011. Policy and Rules
(a.) It is declared and affirmed to be the public policy of this state that the public,
individually and collectively, shall have the free and unrestricted right of ingress and
egress to and from the state-owned beaches bordering on the seaward shore of the Gulf
of Mexico, or if the public has acquired a right of use or easement to or over an area by
prescription, dedication, or has retained a right by virtue of continuous right in the public,
the public shall have the free and unrestricted right of ingress and egress to the larger
area extending from the line of mean low tide to the line of vegetation bordering on the
Gulf of Mexico.
(b) The legislature recognizes that, in order to provide and maintain public facilities and
public services to enhance access to and safe and healthy use of the public beaches by the
public, adequate funds are required to provide public facilities and public services. Any
local government responsible for the regulation, maintenance, and use of such beaches
may charge reasonable fees pursuant to its authority to cover the cost of discharging its
responsibilities with respect to such beaches, provided such fees do not exceed the cost of
such public facilities and services, and do not unfairly limit public access to and use of
such beaches.
(c) The attorney general shall strictly and vigorously enforce the prohibition against
encroachments on and interferences with the public beach easement. The attorney
general shall develop and publicize an enforcement policy to prevent and remove any
encroachments and interferences on the public beach. The land office may assist the
attorney general in enforcing this subchapter.
(d) The commissioner shall promulgate rules, consistent with the policies established in
this section, on the following matters only:
(1) acquisition by local governments or other appropriate entities or public dedication
of access ways sufficient to provide adequate public ingress and egress to and from the
beach within the area described in Subdivision (6) of this subsection;
(2) protection of the public easement from erosion or reduction caused by develop-
ment
evelopment or other activities on adjacent land and beach cleanup and maintenance;
(3) local government prohibitions of vehicular traffic on public beaches, provision of
off -beach parking, and other minimum measures needed to mitigate for any adverse
effect on public access and dune areas;
(4) imposition of beach access, user, or parking fees and reasonable exercises of the
police power by local governments with respect to public beaches;
(5) contents and certification of beach access and use plans and standards for local
government review of construction on land adjacent to and landward of public beaches;
and
(6) construction on land adjacent to and landward of public beaches and lying in the
area either up to the first public road generally parallel to the beach or to any closer
public road not parallel to the beach, or to within 1,000 feet of mean high tide,
whichever is greater, that affects or may affect public access to and use of public
beaches.
(e) The commissioner may not adopt a proposed rule or any provision of a proposed
rule, including any certification under this subchapter, if the attorney general has
certified in writing that the rule or provision would allow encroachments on public
beaches or obstructions, barriers, or restraints to public access and use of public beaches
contrary to the policies declared and affirmed in this section.
'L ELIC DOMAIN =•!tit _
3 61.012. Definition
[n this subchapter. "beach.- means state-owned heacnes to •vhicn rite
public has the right of ingress and egress bordering on the seaward
shore of the Gulf of Mexico or any larger area extending from the
line of mean low tide to the line of vegetation bordering on the Gulf
of Mexico if the public has acquired a right of use or easement to or
over the area by prescription. dedication. or has retained a right by
virtue of continuous right :n the public.
§ 61.013. Prohibition
(a) It is an offense against the public policy of this state for any person m create, erect,
or construct any obstruction. barrier, or restraint that will interfere with the free and
unrestricted right of the public, individually and collectively, lawfully and legally to enter
or to leave any public beach or'th use any public beach or any larger area abutting on or
contiguous to a public beach it the public has acquired a right of use or easement to or
over the area by prescription, dedication, or hu retained a right by virtue of continuous
right in the public
(b) Unless property certified u consistent with this subchapter, no person may cause,
engage in. or allow construction landward of and adjacent to a public beach within the
area decried in Section 6L011(d)(6) of this code in a manner that will or is tritely to
affect adversely public acceil to and use of the public beach. The prohibition in this
subsection takes effect only on adoption of final rules by the commissioner under Section
61.011 of this code.
(e) For purposes of this section. "public beach" shall mean any beach bordering on the
Gulf of Mexico that extends inland from the line of mean low tide to the natural line of
vegetation bardeeing on the seaward shore of the Gulf of Mexico, or such larger
contiguous area to which the public bas acquired a right of use or easement to or over by
prescription, dedication, or estoppel, or has retained a right by virtue of continuous right
in the public sine time immemorial as recognized by law or custom. This definition does
not include a beach thatis not accessible by a public road or public ferry as provided in
Section 61.021 of this code.
§ 61.014. Denial of Access by Posting
(a) As used in this section, "public beach" means the area extending from the line of
mean low tide of the Gulf of Mexico to the line of vegetation bordering on the Gulf of
Mexico, or to a line 200 feet inland from the line of mean low tide, whichever is nearer the
line of mean low tide, if the public has acquired a right of use or easement to or over the
area by prescription, dedication, or has retained a right by virtue of- continuous right in
the public.
(b) No person may display or cause to be displayed on or adjacent to any public beach
any sign, marker, or warning, or make or cause to be made any written or oral
communication which states that the public beach is private property or represent in any
other manner that the public does not have the right of access to the public beach as
guaranteed by this subchapter.
§ 61.015. Beach Access and Use Plans
(a) Each loal government with ordinance authority over construction adjacent to public
beaches and each county that contains any area of public beach within its boundaries shall
adopt a plan for preserving and enhancing access to and use of public beaches within the
jurisdiction of the local government. Such beach access and use plans must be consistent
with the policies in Section 61.011 of this code and the rules promulgated thereunder and
Chapter 63 of this code and shall to the greatest extent practicable incorporate the local
government's ordinary land use planning procedures. A municipality may adopt and
apply any appropriate ordinances within its extraterritorial jurisdiction to effect the
purposes of this subchapter. -
T T
PUBLIC DOMAIN Title 2
(b) Local governments shall submit proposed beach access and use plans to the
commissioner for certification as to compliance with such policies and rules and to the
attorney general for review and comment. The commissioner shall act on a local
government's proposed beach access and use plan within 60 days of submission by either
approving the plan or denying certification. In the event of denial, the commissioner
shall send the proposed plan back to the originating local government with a statement of
specific objections and the reasons for denial, along with suggested modifications. On
receipt, the local government shall revise and resubmit the plan. The commissioner's
certification of local government plans shall be by adoption into the rules under Section
61.011 of this code.
(c) A littoral owner proposing construction adjacent to and landward of a public beach
in the area described in Section 61.011(dx6) of this code shall submit a development plan
to the appropriate local government. The local government shall forward the develop-
ment plan to the commissioner and the attorney general no less than 10 working days
prior to acting on the development plan. The commissioner or the attorney general may
submit comments on the proposed construction to the local government.
(d) The local government shall review the proposed development plan and the commis-
sioner's and attorney general's comments and other information the local government
may consider useful to determine consistency with the local government's beach access
and use plan.
(e) If the proposed construction is required to be permitted by the local government
under Chapter 63 of this code, the local government shall consider the issuance of the
permit concurrently with the certification under this section, unless otherwise provided by
rules promulgated under Section 61.011 of this code.
(f) The local government, after considering all appropriate information, shall make the
determination and shall certify that the construction as proposed either is consistent with
the local government's beach access and use plan or is inconsistent with the local
government's beach access and use pian, in which case the local government must specify
how the construction is inconsistent with the plan.
(g) The local government may include in the certification any reasonable terms and
conditions it fords necessary to assure adequate public beach access and use rights
consistent with Chapter 63 of this code.
(h) The requirements of this section take effect only on adoption of final rules by the
commissioner under Section 61.011 of this code.
§ 61.016. Boundaries for Areas With No Marked Vegetation Line
(a) To determine the "line of vegetation" in any area of public beach in which there is
no clearly marked line of vegetation (for instance, a line immediately behind well-defined
dunes or mounds of sand and at a point where vegetation begins) recourse shall be to the
nearest clearly marked line of vegetation on each side of the unmarked area
(b) The "line of vegetation" for the unmarked area shall be the line of constant
elevation connecting the two clearly marked lines of vegetation on each side.
(c) If the elevation of the two points on each side of the area are not the same, the
extension defining the "line of vegetation" shall be the average elevation as between the
two points, but if there is no clearly marked line of vegetation, the " line of vegetation"
shall not extend inland further than 200 feet from the seaward line of mean low tide.
PUBLIC DU T;
§ 61.017. Line of Vegetation Unaffected by Certain Conditions
(a) The "line of vegetation" is not affected by the occasional
sprigs of salt grass on mounds and dunes or seaward from them and
by artificial fill, the addition or removal of turf. or by other artificial
changes in the natural vegetation of the area.
(b) If the changes listed in Subsection (a) of this secrion are made
and the vegetation line is obliterated or is created artificially, the line
of vegetation shall be determined in the same manner as in those
areas covered by Section 61.016 of this code, but if there is a vegeta-
tion line consistently following a line more than 200 feet from the
seaward line of mean low tide, the 200 -foot line shall constitute the
landward boundary of the area subject to public easement until a fi-
nal court adjudication establishes the line in another place.
j 61.018. Enforcement
(a) The attorney general, individually or at the request of the commissioner, or any
county attorney, district attorney, or criminal district attorney shall file in a district court
of Travis County, or in the county in which the property is located, a suit to obtain either
a temporary or permanent court order or injunction, either prohibitory or mandatory, to
remove or prevent any improvement, maintenance, obstruction, barrier, or other encroach-
ment on a public beach, m to prohibit any unlawful rmtraint on the public's right of
access to and use of a public beach or other activity that violates this chapter.
(b) In the same suit, the attorney general, the commissioner, county attorney, district
attorney, or criminal district attorney may recover penalties and the costs of removing
any improvement, obstruction, barrier, or other encroachment if it is removed by public
authorities pursuant to an order of the court.
(c) A person who violates this chapter is liable for a civil penalty of not less than 660
nor more than 11000. Each day the violation occurs or continues is a separate violation.
(d) The attorney general, either individually or at the request of the commissioner or
any county attorney, may bring a suit for a declaratory judgment to try any issue
affecting the public's right of access to or use of the public beach.
§ 61.019. Declaratory Judgment Suits
(a) A littoral owner whose rights are determined or affected by
this subchapter may bring suit for a declaratory judgment against
the stag. .o try the issue or issues.
(b) Service of citation on the state shall be made by se.
tation on the attorney general.
§ 61.020. Prima Facie Evidence
In a suit brought or defended under this subchapter or whose determination is affected
by this subchapter, a showing that the area in question is located in the area from mean
low tide to the line of vegetation is prima facie evidence that
(1) the title of the littoral owner does not include the right •a prr . public from
ming the area for ingress and egress to the sea; and
(2) there is imposed on the area a common law right or easement in favor of the
public for ingress and egress to the sea.
T r
PUBLIC DOMAIN Title 2
61.025. Disclosure to Purchaser of Property
tal A xenon wno sties or conveys an interest. otner than a mineral. leasehold. or
secunty interest In react property located seawaro of the Gulf Intracoastal Waterway to
:s southernmost point and then seaward of the iongitudinai line also known as 97
degrees. 12'. 19' which runs southerly to the international boundary from the intenecnon
of the centeriine of the Gulf Intracoastal Waterway and the Brownsville Ship Channel
:rust include in any executory contract for conveyance the following statement
The real property described in this contract is located seaward of the Gulf Intracoastal
Waterway to its southernmost point and then seaward of the longitudinal line also 'mown
as 97 degrees. 12'. 19' which runs southerly to the international boundary from the
intersection of the centerline of the Gulf Intracoastal Waterway and the Brownsville Ship
Channel If the property is in close proximity to a beach fronting the Gulf of Mexico. the
purchaser is hereby advised that the public has acquired a right of use or easement to or
over the area of any public beach by prescription. dedication, or presumption. or has
retained a right by virtue of continuous right in the public since time immemorial. as
recognized in law and custom.
The extreme seaward boundary of natural vegetation that spreads continuously inland
cuatomarly marks the landward boundary of the public easement. If there is no cleariy
marked moral vegetation line, the landward boundary of the easement is as provided by
Sections 61.016 and 61.017. Natural Resources Code.
State law prohibits any obstruction. barrier, restraint or interference with the use of
the public easement including the placement of structures seaward of the landward
boundary of the easement STRUCTURES ERECTED SEAWARD OF THE VEGETA-
TION LINE (OR OTHER APPLICABLE EASEMENT BOUNDARY) OR THAT BE-
COME SEAWARD OF THE VEGETATION LINE AS A RESULT OF NATURAL
PROCESSES ARE SUBJECT TO A LAWSUIT BY THE STATE OF TEXAS TO RE-
MOVE THE STRUCTURES.
The purchaser is hereby notified that the purchaser should seek the advice of an
attorney or other qualified person before executing this contract or instrument of
conveyance as to the relevance 61 these statutes and facts to the value of the property the
purchaser is hereby purchasing or contracting to purchase.
(b) If there is no executory contract for conveyance, the statement must be delivered
to, and receipt thereof acknowledged by, the purchaser prior to closing the transaction.
(c) Failure to include the statement in an executory contract for conveyance shall be
grounds for the purchaser to terminate such contract. and upon termination any earnest
money shall be returned to the party making the deposit.
(d) Failure to provide this statement prior to closing, either in the executory contract
for conveyance or in a separate written statement shall constitute a deceptive act under
Section 17.46, Business & Commerce Code.
(e) This section, or the failure of a person to give or receive the notice required by this
section, does not diminish or modify the beach access and use rights of the public acquired
through statute or under common law.
§ 61.026. Beach Access Public Awareness and Education
(a) The land office in conjunction with the State Department of Highways and Public
Transportation shall design and produce a uniform bilingual beach access sign to be used
by local governments to designate access ways to and from public beaches.
(b) The land office or the attorney general's office may develop and distribute public
information about the requirements of this chapter, the importance of natural beach and
dune systems, and the necessity for preserving them. Such information may include
public service announcements made under the direction of the land office.
(c) The Texas A&M University Sea Grant Program shall make available to public
schools materials for natural science classes which explain the importance of natural
beach and dune systems and the necessity of preserving them.
[Sections 61.027 to 61.060 reserved for expansion]
i T
PUBLIC DOMAIN
Title 2
§ 61.021. Area Not Covered by Subchapter
(a) None of the provisions of this subchapter apply to beaches on islands or peninsulas
that are not accessible by a public road or ferry facility for as long as the condition exists.
(b) A local government or local official may not adopt, apply, or enforce a beach access
and use plan or any other provision of this subchapter within a state or national park
area, wildlife refuge, or other designated state or national natural area
§ 61.0211. State or National Park Covered by Subchapter
This subchapter applies to any island or peninsula that is a state or national park or
wildlife management area regardless of whether the island or peninsula is accessible by
public road or ferry facility.
§ 61.022. Government Agencies and Subdivisions
(a) The provisions of this subchapter do not prevent any agency, department, institu-
tion, subdivision, or instrumentality of this state or of the federal government from
erecting or maintaining any groin, seawall, barrier, pass, channel, jetty, or other structure
as an aid to navigation, protection of the shore, fishing, safety, or other lawful purpose
authorized by the constitution or laws of this state or the United States.
(b) No local government may regulate vehicular traffic so as to prohibit vehicles from
an area of public beach or impose or increase public beach access, parking, or use fees in
any manner inconsistent with the policies of Section 61.011 of this code or the rules
promulgated thereunder.
(c) A local government proposing to adopt or amend such vehicular traffic regulations,
except those for public safety, or fees shall submit a plan detailing the proposed action to
the attorney general and the commissioner for review. The commissioner shall certify
whether the proposed action is consistent or inconsistent with such policies and rules.
Certifications of consistency shall be by adoption into the rules promulgated under
Section 61.011 of this code.
(d) Subsections (b) and (c) of this section take effect only on adoption of final rules by
the commissioner under Section 61.011 of this code. Subsections (b) and (c) of this section
do not apply to any existing local government traffic regulation or beach access, parking,
or use fee adopted or enacted before the effective date of Subsections (b) and (c) of this
section, and the former law is continued in effect for the purpose of the existing
regulations and fees, until the regulations or fees are amended or changed in whole or in
part.
(e) Stateowned or public land not specifically exempted by this chapter shall be subject
to the same requirements of this chapter as land owned by private littoral owners except
as provided by Sections 31.161 through 31.167 of this code.
§ 61.023. Effect on Land Titles and Property Adjacent to and
on Beaches
The provisions of this subchapter shall not be construed as affect-
ing in any way the title of the owners of land adjacent to any state-
owned beach bordering on the seaward shore of the Gulf of Mexico or
to the continuation of fences for the retention of livestock across sec-
tions of beach which are not accessible to motor vehicle traffic by
public road or by beach.
§ 61.024. Effect of Subchapter on Definition of Public Beach
None of the provisions of this subchapter shall reduce, limit. con-
struct. or vitiate the definition of public beaches which has, been de-
fined from time immemorial in law and custom.
§ 61.061
PUBLIC DOMAIN Title 2
SUBCHAPTER C. MAINTENANCE OF THE
PUBLIC BEACHES
§ 61.061. Purpose
It is the purpose of this subchapter to allocate responsibility for
cleaning the beaches of this state and to preserve and protect local
initiative in the maintenance and administration of beaches.
§ 61.062. Public Policy
It is the public policy of this state that the public, individually and
collectively, shall have the free and unrestricted right of ingress and
egress to and from the state-owned beaches bordering on the seaward
shore of the Gulf of Mexico if the public has acquired a right of use
or easement to or over the area by prescription. dedication. or contin-
uous use. This creates a responsibility for the state, in its position as
trustee for the public to assist local governments in the cleaning of
beach areas which are subject to the access rights of the public as de-
fined in Subchapter B of this chapter.
§ 61.063. Definition
In this subchapter.
(1) "Clean and maintain" means the collection and removal of litter and debris and
the supervision and elimination of sanitary and safety conditions that would pose a
threat to personal health or safety if not removed or otherwise corrected and includes
the employment of lifeguards, beach patrols, and litter patrols.
(2) "Land office" means the General Land Office.
§ 61.064. Application of Subchapter
This subchapter applies to incorporated cities, towns. and villages that are located or
border on the Gulf of Mexico and to all counties that are located or border on the Gulf of
Memo if the city, town, or village or county that makes application for funds under this
subchapter has within its boundaries public beaches.
§ 61.065. Duty of Cities
(a) It is the duty and responsibility of the governing body of any
incorporated city, town, or village located or bordering on the Gulf of
Mexico to clean and maintain the condition of all public beaches with-
in the corporate boundaries.
(b) The duty to clean and maintain the condition of public beaches
does not extend to any public beach within the corporate boundaries
that is owned by the county in which it is located.
PUBLIC DOMAIN Title 2
§ 61.066. Duty of County
It is the duty and responsibility of the commissioners court of any
county located or bordering on the Gulf of Mexico to clean and main-
tain the condition of all public beaches located inside the county but
outside the boundaries cf any incorporated city located or bordering
on the Gulf of Mexico and all public beaches owned by the county and
located inside the boundaries of an incorporated city, town. or village.
61.067. Duty of State
(a) It is the duty and responnhfity of the state to clean and maintain the condition of
an public beaches located within state parks designated by the deparmtent
(b) The land office shall consult with the department in adopting rates and procedures
for cleaning beaches m state pans and aroma adjacent to state parts.
(e) The land office shall esparid the Adopt -A Beach program to the greatest eaten
Sage to enhance the performance of its duties under this subchapter.
(d) The land office may case any ash, gifts, grants, donations; or in-kind contributions
that it receives from a public or private entity through t . administration of the
Adopt -A -Bach program to assist a m , a county; pr tha•deparmsnt in perform-
ing any duty imposed on the city, county, or depir=nt by this subchapter.
(s) The land office may adopt rata reasonably necessary to perform its duties under
this subchapter.
61.068. Application Requirement
A city or county that seeks state funds under this subchapter to clean the public
beaches must submit an application to the land office.
Amended by Acs 1991. 72nd leg., ch. 114, 4 3, eft Sept1. 1991.
§ 61.069. Contents of Application
To be approved the application must provide:
(1) for the administration or supervision of the public beaches of the city or county by
a beach park board of trustees, county parks board.. commissioners court or other
administrative body that the legislature may from time to time authorize, and provide
that'the bard or agency will have adequate authority to administer an effective
program of keeping clean the public bathes within its jurisdiction:
(2) for the receipt by the city or county treasurer or other officer exercising similar
functions, if there is no city or county treasurer, of an funds paid to the city or county
under this subchapter and provide for the proper safeguarding of the fonds by the
officer. provide that the funds will be spat solely for the purposes for which they are
paid. and provide for the repayment by the city or county of any funds lost or diverted
from the purposes for which paid:
(8) that the goversing body of the city or county will make reports as to amounts and
categories of expenditures that the land office may from time to time require:
(4) that entrance to all public beaches under the jurisdiction of the governing body of
the city or county is free of charge; and
(s) for the establishment, maintenance, and administration of at least one beach park
by the city or aunty which meets the minimum requirements of size and facilities
available to the public as determined by the land office.
§ 61.070. Earning and Use Fees
Subsection (4), Section 61.069 of this code shall not be construed to
prohibit the assessment of a reasonable fee for off -beach parking or
for the use of facilities provided for the use and convenience of the
public.
PUBLIC DOMAIN
§ 61.071. Compliance Before Approval
The land office shall not approve any application that fails to meet the conditions
specified in Section 61.069 of this code.
§ 61.072. State Funds
The land office shall pay to each city or county that has an application approved under
Sections 61.068 through 61.070 of this code from appropriations that an made available
the state share for cleaning and maintenance of public beaches.
§ 61.073. Conditions for Payments
No payments shall be made under this subchapter until the land office finds that
(1) there will be available in the budget of the city or county not leas than 320,000 to
clean and maintain public beaches within its jurisdiction for the state fad year for
which ra®bunment is sought and
(2) than will be available in the budget of the city or county for the purpose of
cleaning and maintaining the public beaches within is jurisdiction for the state fiscal
year for which reimbursement is sought an amount not less than the mal amount spent
by the city or county to clean the bnehn in the sae fiscal year ending August 81,
1869.
61.074. 'ubmission of Proposed Expenditures
A city or county that seers remittursement under tne provisions of this suocnauter snail
suoma to the land office proposed expenditures for cieanmg and mamtaiamg tne puoiic
Peaches.
§ 61.075: Fair Distribution of Funds
The land office shall distribute the state share to the cities and counties in a fair and
impartial manner and under procedures and accounting methods to be adopted by the iand
office.
§ 61.076. Limitation on State Share
(a) No city or county may receive as its state share an amount
that is greater than two-thirds of the amount the city or county
spends for the purpose of cleaning and maintaining public beaches
within its jurisdiction during the state fiscal year for which reim-
bursement is sought.
(b) The land office shall allocate the state share to eligible cities and counties taking
into account the frequency with which public beaches within the jurisdiction of the cities
and counties are used.
§ 61.077. Funds for Administrative Purposes and Emergencies
(a) The land office may use for administrative purposes not more than 10 percent of the
appropriated funds for any sate focal year.
(b) The land office may withhold a portion of the appropriated funds to maintain a
reserve emergency fund to be used for cleaning beaches in the event of a catastrophe,
such as an oil spill, an influx of seaweed, or other major interference with public
recreational use of public beaches.
§ 61.078. Authority to Spend County Funds
The commissioners court f any county located or boraer:nc c :r:e
Gulf of Mexico may spend from any avaiiabie fund the amount :: con-
siders necessary to carry out the responsibilities provided in.:n:s suo-
chapter.
§ 61.079. Notice of Ineligibility
After reasonable notice and opportunity for a hearing to a city or county that is
...airing funds under the provisions of this subchapter. if the land office finds that the
city or county no longer complies with the requirements of this subchapter. it shall notify
the city or county that further payments will not be trade until the land office is satisfied
that there is no longer any failure to comply.
Title 2
PUBLIC DOMAIN Title 2
§ 61.080. Public Beaches in Ineligible City
(a) The governing body of any incorporated city located or border-
ing on the Gulf of Mexico that is not entitled to receive funds under
this subchapter may contract with the commissioners court of the
county in which the city is located to allow the counfy to clean the
beaches within the corporate limits of the city.
(b) The city may apply to the land office for rebates of 40 percent of the contract puce,
and the city is not regained to meet the terms and conditions imposed in Section 61.069 of
this code unless otherwise provided by law.
(c) The land office shall male the rebates at the close of each fiscal year on a showing
b• the city that entrance to all public beaches under the jurisdiction of the city is free of
(dB
) This section shall not be construed to prohibit the assessment
of a reasonable fee for off -beach parking or the use of facilities pro-
vided for the use and convenience of the public.
61.081. Public Beaches in Ineligible County
a) The commissioners court of a county that :s hoc entitled to re-
_eive funds under this subchapter may contract with the commission-
ers court of any adjacent county that is entitled to receive funds un-
ier this subchapter to allow the adjacent county to clean the public
eacnes of the ineligible county.
(b) The contracting county that is not entitled to receive funds under this subchapter
may apply to the land office for rebates of 40 percent of the contract pnce. but the
ineligible county is not required to meet the terns and conditions imposed in Section
61.069 of this code.
(c) The land office shall make the rebates at the close of each state fiscal year on a
showing by the ineligible county that entrance to all public beaches under the jurisdiction
of the county is free of charge.
(d) This section shall not be construed to prohibit the assessment
of a reasonable fee for off -beach parking or for the use of facilities
provided for the use and convenience of the public.
§ 61.082. Authority of Local Governments
(a) The provisions of this subchapter shall not be construed to in-
terfere with local initiative and responsibility in the cleaning, mainte-
nance, and supervision of public beaches.
(b) The administration of public beaches, the selection of person-
nel, and the determination of the best uses of the funds insofar as is
consistent with the purposes of this subchapter are reserved to the
several political subdivisions receiving funds under this subchapter.
§ 61.083. Eumpttons From Subchapter
None of the provisions of this subchapter apply to any beach area
that does not border on the Gulf of Mexico or to any island or penin-
sula that is not accessible by a public road or common carrier ferry
facility as long as that condition exists.
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PUBLIC DOMAIN
§ 61.127. Criminal Penalties
In any order adopted under this subchapter. the commissioners court zy adopt the
following criminal penalties for violation of the order:
(1) fora fast conviction. a fine of not less than 350: nor more than 3100:
(2) for a second cone .:tion, a fine of not len than 3100 nor more tan 1200;
(3) for *LI subsegae> emiction after the second cr eviction. a fine of not less than
3200 nor s.c..e than 11...0 or confinement in the count .all for not more than 60 days,
or both.
§ 61.128. Order Prevails Over State Law
If an order adopted under this subchapter conflicts with the gener-
al law of the state. the order shall control over the state law. and in
cases of violation. prosecution may be maintained only !oder the or-
der.
§ 61.129. Ordinance Prevails Over Order and State Law
(a) Except as provided in Section 61.022 of this codethis subchapter does not limit the
power of an incorporated city, town. or village bordering on the Gulf of Mexico or any
adjacent body of water to regulate motor vehicle traffic and prohibit littering an any
beach within iia corporate limits.
(b) If these regulatory ordinances are adopted by a city, awn, or village and the
ordinance conflicts with the general law of the state or with an order of the commission -
ere court adopted under this subchapter, and the ordinance is consistent with policies and
rain under Section 61.011 of this code, the ordinance shall control over the state law and
the order, and (n rases d violation, presecodon may be maintained only under the
ordinance.
§ 61.130. Bights of the Pablle
The right of the public to use the public beaches defined in this
subchapter is inviolate and is subject only to orders adopted by a
commissioners court under this subchapter and to ordinances enacted
by an incorporated city, town, or village.
§ 61.131. Effect of Subchapter on Definition of Public Beach
None of the provisions of this subchapter shall reduce. limit. con-
struct. or vitiate the definition of public beaches whicr. as beer. e -
fined from time immemorial in law and custom.
[Sections 61.132 to 61.160 reserved for expansion)
SUBCHAPTER E. LICENSES FOR BUSINESS
ESTABLISHMENTS
§ 61.161. Public Policy
It is the public policy of this state that the state-owned beaches
bordering on the seaward shore of the Gulf of Mexico, and any larger
area extending from the line of mean low tide to the line of vegeta-
tion bordering on the Gulf of Mexico, if the public has acquired a
right of use or easement to or over the area by the prescription or
dedication or has retained a right by virtue of continuous right in the
public, shall be used primarily for recreational purposes, and any use
which substantially interferes with the enjoyment of the beach area
by the public shall constitute an offense against the public policy of
the state. Nothing in this subchapter prevents any agency, depart-
ment, political subdivision, or municipal corporation of this state
from exercising its lawful authority under any law of this state to
regulate safety conditions on any beach area subject to public use.
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PUBLIC DOMAIN Title 2
SUL__sAPTER D. REGULATION OF TRAFFIC AND LITTER
§ 61.121. Definition
In this subchapter. "peach" shall have the same definition as pco-
vided in Section 61.012 of this code.
§ 61.122. Regulation of Traffic and Prohibition of Litter
(a) The commissioners court of a county bordering on the Gulf of Mexico or its
tidewater limits, by order, may regulate motor vehicle traffic on any beach within the
boundaries of the county and may prohibit the littering of the beach and may define the
term 'Tittering."
(b) The commissioners court of a county bordering the Gulf of Mexico or its tidewaters,
by order, may regulate the possession of animals on the beach within its boundaries,
including but not limited to prohibiting animals to run at large on said beach.
(c) The commissioners court of a county bordering the Gulf of Mexico or its tidewaters,
by order, may regulate swimming in passes leading to and from the Gulf of Mateo,
located within its boundaries, including but not limited to prohibiting swimming in said
passes and posting signs notifying persons of such regulation or proiubition.
(d) Regulation under Subsection (a) of this section that prohibits vehicles from an arra
of public beach is subject to Section 61.022 of this code.
§ 61.123. Notice of Hearing
(a) Before the commissioners court adopts an order under Section
61.122 of this code, it must publish notice of the intention to adopt
the order in at least one newspaper with general circulation in the
county.
(b) The notice shall state the time and place of the public hearing
on the proposed order and that interested persons may obtain copies
of the proposed order from the commissioners court.
§ 61.124. Copies of Order
The commissioners court naii :-:ase :pies _::e proposed order
available to interested persons.
§ 61.125. Public Hearing
(a) Not less than one month but more than two weeks after notice
is published. the commissioners court snail conduct a hearing at the
time and place stated in the notice.
(b) At the nearing, the commissioners snail allow aii interested
persons to express their views on the proposed order.
§ 61.126. Traffic Regulations
If the order includes a traffic regulation, the order shall provide
for signs that are designed and posted in compliance with the current
provisions of the Texas Manual on Traffic Control Devices for
Streets and Highways, stating the applicable speed limit, parking re-
quirement, or that vehicles are prohibited.
PUBLIC DOMAIN Title 2
§ 61.162. 1(7ndl ags
(a) The legislature finds that the operation and maintenance of
business establishments at fixed or permanent locations on the public
beaches of this state bordering on the seaward shore of the Gulf of
Mexico constitute a potential public health hazard and a substantial
interference with the free and unrestricted rights of ingress and
egress of the public. both individually and collectively, to and from
the state-owned beaches bordering on the seaward shore of the Gulf
of Mexico or any larger area extending from the line of mean low
tide to the line of vegetation bordering on the Gulf of Mexico if the
public has acquired a right of use or easement to or over the area by
prescription. dedication. or has retained a right by virtue of continu-
ous right in the public.
(b) The legislature finds that a reasonable number of mobile busi-
ness establishments which traverse the public beach while doing busi-
ness are beneficial to the public interest and do not interfere with the
free and unrestricted rights of ingress and egress of the public as
provided in this subchapter.
§ 61.163. Definition
In this subchapter. "business establishment" means any structure
or vehicle where any commodity including memberships in any pri-
vate club or other similar organization is offered to the public for
sale or lease but does not include any structure or vehicle where only
services are offered to the public for sale.
§ 61.164. Application
A person who desires to operate a mobile business establishment on
a public beach located outside the municipal limits of an incorporated
city shall submit a written application to the department.
§ 61.165. Contents of Application
The application shall include:
(1) the name and street address of the applicant:
(2) the commodity to be sold or leased : and
(3) the limits of the territory within which the mobile busi-
ness establishment will operate.
§ 61.166. Flung Fee
(a) The application shall be accompanied by a Sling fee of $25 or an amount set by the
Parks and Wildlife Commission. whichever amount is more.
(b) The filing fee shall be deposited in the state treasury in the
Land and Water Recreation and Safety Fund 63. and the department
may pay from this fund the expenses of carrying out the provisions
of this subchapter.
§ 61.167. Separate Applications
Any applicant who plans to operate more than one mobile business
establishment must file a separate application accompanied by a sepa-
rate filing fee for each mobile business establishment that he seeks to
have licensed.
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PUBLIC DOMAIN Title 2
§ 61.168. Granting License
(a) Except as provided by Subsection (b) of this section. on finding that the issuance of
a license is consistent with recreational needs and the public welfare. and that the mobile
business establishment world not create a traffic or safety hazard. and on compliance
with this subchapter by the applicant. the department shall grant the license.
(b) Notwithstanding Section 61.169 of this subchapter, on a finding that a beach is too
narrow and too crowded to allow a vendor to traverse the beach whsle doing business, the
dapartmeat shall deny a license under Subsection (a) of this section but may grant a
license that permits the applicant to conduct his business on that beach for the purposes
set forth therein at the times and for the period and only at the specific location specified
in that license. The department is further authorized to charge a license fee for any such
license which fee shall be commensurate with the benefit bestowed upon the licensee
through the use of the public easement for business purposes.
(e) The license shall be valid for one year from the day it is issued.
(d) If the license is not granted, the department shall return the filing fee to the
Miiant
§ 61.169. Applications Not to be Granted
The department shall not grant an application:
(1) for a business establishment located at a fixed or perma-
nent location on a public beach ;
(2) for a business establishment that does not traverse the
beach while doing business; or
(3) that does not otherwise meet the terms and provisions of
this subchapter.
§ 61.170. License Prohibition Against Glass Containers
(a) Each license granted under this subchapter authorizing the
sale of commodities on a public beach shall include a prohibition
against the sale of any commodity in a glass container.
(b) Any person selling a commodity in a glass container on a pub-
lic beach outside the boundaries of any incorporated city shall have
his rights conferred by the license immediately terminated and re-
voked as provided in Section 61.172 of this code.
§ 61.171. :Assignment
No license issued under this subchapter may be assigned.
§ 61.172. Termination and Revocation of License
(a) The failure or refusal of the licensee to comply with the terms
and conditions of a license shall operate as an immediate termination
and revocation of all rights conferred in or claimed under the license.
(b) The termination and revocation of the license is not effective
until notice is delivered by mail to the address of the licensee listed
on the application for the license.
§ 61.173. Maximum Territorial Limits
(a) If territorial limitations are applied uniformly to all applicants
seeking to operate mobile business establishments in the territory, the
department may establish maximum territorial limits over which mo-
bile business establishments may operate.
(b) A license to sell or lease only surfboards and related equip-
ment may not be limited as to the territory over which the mobile
business establishment may operate.
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PUBLIC DOMAIN
§ 61.174. Additional Standards
In addition to other standards provided in this subchapter. it is the
intention of the legislature that the department exercise the authority
delegated to it under this subchapter according to the following con-
siderations:
(1) that the number of mobile business establishments li-
censed by the department should not constitute a substantial in-
terference with the free and unrestricted rights of ingress and
egress of the public provided in this subchapter:
(2) that the number of licenses issued by the department un-
der this subchapter are sufficient to ensure free and unrestricted
competition in selling or leasing of commodities to the public:
and
(3) that no person should be allowed to operate any mobile
business establishment on any public beach in restraint of trade
or competition by which the person controls all or substantially
all the business establishments on the public beach licensed by
the department.
§ 61.175. Eales, Procedures, and Conditions
The department may establish additional rules, procedures, and
conditions necessary or appropriate to carry out the purposes of this
subchapter.
§ 61.176. areas Exempt From Subchapter
This subchapter does not apply to a public beach that :s within the
boundaries of a state park designated by the department or to a re-
mote beach on any island or peninsula which is not accessible by pub-
lic road or common carrier ferry facility as long as that condition ex-
ists.
§ 61.177. Penalty
A person, who for himself or on behalf of or under the direction of
another person. operates any business establishment, whether mobile
or at a fixed or permanent location, on any public beach outside the
boundaries of any incorporated city without first obtaining a license
to operate the business establishment from the department shall be
fined not less than $10 nor more than $200.
[Sections 61.178 to 61.210 reserved for expansion]
SUBCHAPTER F. REMOVAL OF SAND, MARL,
GRAVEL, AND SHELL
§ 61.211. Fludings
The legislature finds that the unregulated excavation, taking, re-
moval, and carrying away of sand, marl, gravel, and shell from is-
lands and peninsulas bordering on the Gulf of Mexico and from the
public Peaches of the state constitute a substantial interference with
public enjoyment of Texas beacnes and a Hazard to life and property.
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Title 2
PUBLIC DOMAIN Title 2
§ 61.212. Exemptions From Subchapter
(a) The provisions of this subchapter do not apply:
(1) to excavating, taxing, removing, or carrying away sand,
marl. gravel. or shell made for the purvose of constructing im-
provements on reai property if the Int— ovements are constructed
on the property on which the excavating, taking, removing. or
carrying away ccct rs ;
(2) to any landowner who deF s to shift sand. marl. gravel,
or shell from one location to an: aer on land wholly owned by
him; or
(3) to any agency of the federal or state goverrreat or any
county, city, or other political subdivision or any of agents
or officers acting in their official capacities.
(b) Any person who holds a lease that was issued by the state un-
der Chapter 377, Acts of the 57th Legislature, Regular Session. 1961
(Article 5415e, Vernon's Texas Civil Statutes), before it was repealed
shall be treated as an owner of the land and shall be entitled to exca-
vate. take, remove. and carry away sand, marl, gravel. or shell for the
purposes provided in Subsection (a) of this section wr ` -taining
a permit from the commissioners court.
§ 61.213. .application
Before a person excavates. takes. removes. or carries away sand.
marl, gravel, or shell from land located on an exposed island or penin-
sula bordering on the Gulf of Mexico or from land located within
1,500 feet of a mainland public beach that is located outside the
boundaries of an incorporated city, town, or village, he must submit a
written application to the commissioners =curt of the county in which
the excavation, taking, removal, or carrying away is to take place.
§ 61.214. Contents of Application
The application shall include:
(1) the name of the applicant;
(2) the location and dimensions of the proposed excavation;
(3) the property interest or contractual rght that enables the
applicant to excavate. take, remove, or carry away sand, marl,
gravel, or shell; and
(4) certification by the county treasurer, or other official ex-
ercising similar authority if there is no county treasurer, that
the applicant has deposited a filing fee of $50.
§ 61.215. Prerequisites to Issuance of Permit
No permit may be issued by the commissioners court under this
subchapter to excavate, take, remove, or carry away sand, marl, grav-
el, or shell from land owned by the state, public beach, or privately
owned land that is subject to this subchapter and that is not located
on a public beach, unless the applicant is the owner of the land on
which the proposed er•avating, taking, removing, or carrying away is
to take place or unless the applicant is acting with the knowledge and
consent of the owner.
PUBLIC DOMAIN Title 2
§ 61.216. Nothie of Applications Received
(a) The commissioners court shall give public notice of all appiica-
tions received for permits to excavate. take. remove. or carry away
sand. marl. gravel. or shell.
(b) The notice shall be published once in a newspaper of general
circulation in the county.
(c) The notice shall include the name of the applicant and the loca-
tion and dimensions of the proposed activity.
§ 61.217. Public Hearing
(a) The commissioners court shall hold a public hearing if the
hearing is requested by any citizen within 10 days after notice is pub-
lished under Section 61.216 of this code.
(b) The hearing may not be held less than 30 days from the date
of the first publication of notice under Section 61.218 of this code.
§ 61.218. Notice of Public Hearing
Notice of the public hearing shall be published at least once a week
for at (east two weeks in a newspaper of general circulation in the
county.
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PUBLIC DOMAIN Title 2
§ 61.219. Issuance of Permit
(a) On a finding that the proposed excavating, taking, removing,
or carrying away would not create hazardous conditions or irnperii
lives or property by exposing the island or peninsula or public beach
to the ravages of storm water. the commissioners court may issue a
permit to the applicant. and it shall be valid for six months from the
date of its issuance.
(b) The decision to issue a permit shall be made with the advice
and counsel of the county engineer in counties in which the commis-
sioners court employs a county engineer.
(c) None of the provisions of this subchapter prohibit a commis-
sioners court from issuing a permit to a person who holds a right-of-
way easement granted by the commissioner for a pipeline to cross
state land. provided the applicant complies with the provisions of this
subchapter relating to the issuance of permits.
§ 61.220. Return of Filing Fee
I! the commissioners court refuses to issue the permit, the appli-
cant may recover his filing fee from the county treasurer or other of-
va avarriainv similar authority if there is no county treasurer.
§ 61.221. Assignment of Permits
No permit may be assigned without the approval of the commis-
sioners court.
PUBLIC DOMAIN
§ 61.222. Termination and Revocation of Permit h the terms and
Failure or refusal of the permittee to compiy
conditions of the permit operates as an immediate termination and
revocation of all rights conferred by or claimed under the permit.
§ 61.223. Suits for Orders and Injunctions
The attorney general. any county attorney, district attorney, or
criminal district attorney of the state shall file in a district court in
the county in which the conduct takes place. a suit seeking temporary
or permanent court orders or injunctions to prohibit any excavating,
taking, removing, or carrying away of any sand. marl, gravel, or shell
from land located on an exposed island or peninsula bordering on the
Gulf of Mexico or from land located within 1,500 feet of a public
beach of this state if the land is located outside the boundaries of an
incorporated city, town, or village in violation of the provisions of
this subchapter.
Title 2
§ 61.224. Penalty
A person who for himself or on behalf of or under the direction of
another person excavates, takes removes. or carries away sand. marl,
gravel. or shell from land located on an exposed island or peninsula
bordering on the Gulf of Mexico or from land located within 1,500
feet of a public beach of this state, if the land is located outside the
boundaries of any incorporated city, town, or village, in violation of
the provisions of this subchapter shall be fined not less than $10 nor
more than $200. Each day a violation occurs constitutes a separate
offense.
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PUBLIC DOMAIN
Title 2
§ 61.225. Sand. Mari. Gravel, or Shell From Public Beaches
Within Incorporated Cities, Towns, or Villages
No incorporated city, town. or village having within its boundaries
a public beach may authorize a person to excavate. take; remove, or
carry away any sand. marl. gravel. or shell from the public beach ex-
cept for the construction of a publicly owned and operated recreation-
al facility or for the construction of a shoreline protection structure.
§ 61.226. Application of Subchapter to Certain
Peninsulas
The provisions of this subchapter do not apply to any
ninsula that is not accessible by a public road or common
facility as long as that condition continues.
Islands and
island or pe -
carrier ferry
§ 61.227. Authority of Parks and Wildlife Department
None of the provisions of this subchapter may be construed to re-
peal or modify the provisions of Chapter 86, Parks and Wildlife
Code, which relate to the powers and duties of the Parks and Wildlife
Department over matters pertaining to the sale, taking, carrying
away, or disturbing of sand, marl, gravel, or shell of commercial val-
ue and gravel, shells, mud shell, and oyster beds and their protec-
tion from free use and unlawful disturbing or appropriation, nor may
PUBLIC DOMAIN
Title 2
chis suocnapter pie construed to create additional or suopiementai re-
quirements or procedures to those provided in Chapter 86. Paris and
Wildlife Code.
SUBCHAPTER G. BEACH STUDY COMMITTEE
Acts 1359, Stith Leg., Ind C.S. p. 108, ch. 19, 4 7, as amended classified as
Vernon'' Ann. CiaSt art. 5415d, 4 7, was repealed by 4 2(b) of Acts 1983. 68th
Lag., p. 102,. ch. 235, art. 5, which by 4 2(a) thereof incorporated the provi-
sions of 1 7 of the 1359 Act into the Natural Resources Code by adding this
Subchapter G, consisting of 44 61.351 to 61.253.
§ 61.251. Beach Study Committee
(a) A committee of the legislature may study Tens beaches.
(b) The committee is composed of three state representative appointed by the speaker
of the house of representatives and three state senators appointed by the lieutenant
governor.
(e) The commissioner of the General Land Office oratative appointed by the
land cammiuiooer. the state engineer director of the State t of Highways and
Public Transportation or a representative appointed by the engineer director. and one
other parson who is aeitisauof the state and who is appointed by the governor with the
thrice and eonamt of the- senate are entitled to serve on the committee u ex officio
members.
} 61.252. Expenses
The expense incurred by a legislative member of the committee in performing a
committee duty is payable u follows:
(1) one-half of the expense is payable from the contingent expense fund of the house:
and
PUBLIC DOMAIN Title 2
2) one-naii Di :,e eroense cavaoie it m :ce _onnngent arnense :.na _. the
senate.
) 61.253. Committee Duties
(a) The committee shall examine the special conditions prevailing as to the Texas
shoreline and shall file its report to the legislature. whether in special or regular session.
at the earliest time compatible with the performance of,its duties.
(b) The report shall include recommendations for legislation. including the following
subjects:
(1) the most practical method of procuring the right-of-way necessary for cotuurac-
don of essential parallel highways and for vehicular parking areas (to facilitate access
to the beach) all to be situated landward and above the beach:
(2) the method of procuring easements for egress and ingress between parking areas
and the beach:
(8) the procedure for negotiation and execution of cooperative agreements between
the state and affected landowner for acquisition by gift or purchase of rightsof-way
and easements:
(4) the recognition of rights of landowner to construct works. including groins. for
the protection of their property and meeting the standards to be prescribed in the
legislation:
(5) the method of negotiations with landowner for additional easementa or deeds for
park areas adjacent to the beach. for the use and pleasure of the public, if the lands or
easements can be obtained without coat to the state;
(6) any change necessary to bring general legislation into conformity with the fixed
procedures applicable to National Seashore Ansa, to the extent that lands along the
coast may be designated to a National Seashore Area: and
(7) any other related matters as in the opinion of the interim committee should be
inehtded in the report so u to facilitate the development of Texas beaches as public
recreational areas and to further their development as tourist attractions.
APPENDIX XIII
CHAPTER 63. DUNES
SUBCHAPTER A. GENERAL PROVISIONS
Section
63.001. Findings of Fact.
63.002. Definitions.
63.003. Effect of Chapter.
[Sections 63.004 to 63.010 reserved for expansion]
SUBCHAPTER 13. DUNE PROTECTION LINE .
63.011. Establishing Dune Protection Line.
63.012. Location of Dune Protection Line.
63.013. Notice.
63.014. Map and Description of Dune Protection Line.
63.015. Dune Protection Line Prohibited.
[Sections 63.016 to 63.050 reserved for expansion j
SUBCHAPTER C. PERMITS
63.051. Permit Requirement.
63.052. Permit Not Required.
63.053. Fee.
63.054. Grant of Application.
63.055. Terms and Conditions of Permit.
63.056. Notice to and Comments of Commissioner on Permits.
63.067. Permit for Recreational Vehicle Prohibited.
[Sections 63.058 to 63.090 reserved for expansion]
SUBCHAPTER D. PROHIBITIONS
63.091. Conduct Prohibited Between the Texas -Louisiana State Line and
Aransas Paas. _ _
63.092. Conduct Prohibited Between Aransas Pass and Mansfield Ship
Channel.
63.093. Prohibited Operation of Recreational Vehicles.
[Sections 63.094 to 63.120 reserved for expansion]
SUBCHAPTER E. CRITICAL DUNE AREAS
63.121. Identification of Critical Dune Areas.
63.122. Notice to Counties.
[Sections 63.123 to 63.150 reserved for expansion]
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1-
Ch. 63
BEACHES AND DUNES 3 63.001
SUBCHAPTER F. APPEALS
Section
63.151. Appeai by Littorai Owner.
63.152. Appeai by Commissioner.
[Sections 63.153 to 63.180 reserved for expansion
SUBCHAPTER G. PENALTIES
63.181. Penalty.
SUBCHAPTER A. GENERAL PROVISIONS
4 63.001. Findings of Fact
The legislature fends and declares:
(i) that the mainland gulf shoreline, barrier islands, and peninsulas of this state
contain asignifuant portion of the state's human, natural, and recreational resources:
4 ire
'a�
(2) that these tress are and bistoeieaEy have been wholly or in part protected from
the action of the water of the Gulf of Yeaco and storms on the Gulf by a system of
vegetated and =vegetated sand dunes -that provide a protective barrier for adjacent
land and Inland water and -land avast the action of sand, wind, and water,
(S) that certain persons have from time tome mo fieri or destroyed the effective-
• of the protective barriers and caused environmental damage in the process of
. the shoreline for various purposes;
• !4 . , _ the apeeatran of Yacreatramal"iehsdrsand other activities over these dunes
her datsoyed the nstaaal vep !!i°° cm ti-<=
(8) that these prseticn l no= threats to the safety of adjacent properties,
constitute
to pab&e highways, to the taxable bas's of adjacentproperty and a real
danger to natural resources and to the health, safety, and welfare of persons living,
Asps&or sojourning is the area; - -
"!a) that it is necessary to protect these done as provided in this chapter because
stabilised, vegetated dtmes otter the best natural defense against storms and are areas
d -dg not biologsn► d[venitn - c;:
that vegetated stabilised dunes help preserve state-owned beaches and shores by
peoMyog against erosion of the shoreline; and
in areas of the coast are ed bydunes of various types and
values, �all off � should be afforded protection.
§ 63.001
PUBLIC DOMAIN Title 2
§ 63.002. Definitions
In this chapter:
(1) "Commissioner" means the Commissioner of the General
Land Office.
(2) "Barrier island" means an island bordering on the Gulf of
Mexico and entireiy surrounded by water.
(3) "Peninsula" means an arm of land bordering on the Gulf
of Mexico surrounded on three sides by water.
(4) "Recreational vehicle" means a dune buggy, marsn buggy,
minibike, trail bike, jeep, or any other mechanized vehicle that is
being used for recreational purposes. but does not include any
vehicle not being used for recreational purposes.
(6) "Mainland shoreline" mew all shoreline fronting on the open Gulf of Mexico that
is not located on a barrier island or a peninsula.
§ 63.003. Effect of Chapter
The provisions of this chapter do not apply to any dune area not accessible by public
road or common carrier ferry facility for u long u that condition exists.
Amended by Acta 1986. 69th Leg., ch. 814, f 8, eft. Aug. 26, 1986.
[Sections 63.004 to 63.010 reserved for expansionj
SUBCHAPTER E. :UNE PROTECTION SNE
63.011. Establishing Dune Protection Line
(a) After notice and hearing; the commissioners court of each county that has within its
oounciaries mainland shoreline, a barrier island. or a peninsula Located on the seaward
shore of the Gulf of Mexico shall establish a dune protection line on any such
shodunes.
island, or peninsula within its boundaries for the purpose of preserving
sand(b) A county may 'J'ow a municipality within the county to administer this chapter
within its corporate iLnits and extraterritorial jurisdiction. On delegation by a county, a
municipality may adopt and apply any appropriate ordinances within its extraterritorial
jurisdiction to effect the purposes of this chapter.
(c) Municipalities and counties may enter into interlocal cooperation contracts for the
administration of dune permit programs under The interlocal Cooperation Act (Article
4413(32c), Vernon's Texas Civil Statutes). itiea in establishing or
(tip The Ian— ooffice may assist and advise counties and municipal
altering dune protection lines
§ 63.012. Location of Dune Protection Line
The dune protection line shall not be located further landward than
a line drawn parallel to and 1.000 feet landward of the line of mean
high tide of the Gulf of Mexico.
§ 63,013. Notice
(a) Notice of a hearing to consider establishing the dune protec-
tion line shall be published at least three times in the newspaper with
the largest circulation in the county. The notice shall be published
not less than one week nor more than three weeks before the date of
the hearing.
(b) Notice shall be given to the commissioner not less than one
week nor more than three weeks before the hearing.
63.013
:'UBL:C COMAIN Title
§ 63.014. Map and Description of Dune Protection Line
(a) The commissioners court or governing body of each municipality in establishing a
dune protection line shall define the line by presenting it on a map or drawing, by making
a written description, or by both. Each shall be designated appropriately and filed with
the clerk of the county or municipality establishing the line and with the commissioner.
(b) Notice of alterations in the dune protection line shall be filed with the clerk and with
the commissioner and the appropriate changes shall be made on the map, drawing, or
description.
§ 63.015. Dune Protection Line Prohibited
No dune protection line may be established within a state or national park ares, wildlife
refuge, or other designated state or national natural area provided, however, any state-
owned or other public land not specifically exempted by this section shall be subject to the
same requirements u private lands except as provided in Sections 31.161 through 31.167
of this code.
[Sections 63.016 to 63.050 reserved for expansion]
SUBCHAPTER C. PERMITS
SUBCHAPTER C. PERMITS
63.051. Permit Requirement
An owner of land ora person holding an interest in land under the owner who desires
to perform or allow any of the acts prohtb{ted in Section 68.081 of this code must apply
far a permit from the appropriate commissioners court or municipal governing body.
§ 63.052. Permit Not Recitured
`;o permits required for :ne following
(1.) grazing livestock:
(2) production of oil and gas: and
(3) recreational activity other than :^:e operation of ._ :ecrea-
ionai eaicie.
§ 63.053. Fees
(a) The commissioners court or governing body of the municipality may require a
reasonable fee to accompany the application.
(b) Any commissioners court or governing body of a municipality that has adopted a
done protection line and is administering this chapter and that has a certified beach access
plan as 'cackled for in Section 6L015 of this code is hereby authorized, subject to all
regyQaments of Chapter 61 of this code, to charge reasonable fees that do not exceed the
cast far the provision and maintenance of public beach related facilities and services
necessary to implement such plans, including but not limited to parking, public health and
safety, envfonmentai protection and matters contained in the certified beach access
plans, and that do not unfairly limit access to and use of such beaches.
1.63.054. Review
.thil commissioner court or governing body of the municipality shall evaluate the
*mit application and if the mmmitome . court or governing body of the municipality
iloda as a fact after full investigation that the particular conduct proposed will not
matatiaIly weaken the dune or materially damage vegetation on the dune or reduce its
"r;�. materially..
atlecttveoess as a means of protecuon from the effects of high wind and water. it may
grana permit n
_determmmg whether or not to grant the permit the commissioner courtor
body of the mnaicipality mall consider the height, width, and slope of the dune,
> _�nttant eavironmeatal"feature of the dune, the feasibility and desirability of
rotmafim of vegetation. and camalative impacts and shall consider requirements for
petitaetba ad t:itical dune arra.. ..•
rcounty or m lity 'dmmistering this chapter shall establish procedures
}rots governing thb. review and approval of dune permits. and these prace-
datm and requirement shall be submitted to the commissioner and attorney general for
thea comments. -
OJ.VJ'h t bLi'.
§ 63.055. Terms and Conditions of Permit
The commissioner court or governing body of the municipality may include in a permit
the terms and conditions it finds necessary to assure the protection of life. natural
resources, and property.
§ 63.066. Notice to and Comments of Commissioner on Permits
(a) After receiving an application for a permit to perform any of the acts prohibited in
Section 63.091 of this code. the commissioner court or the governing body of the
municipality shall notify the commissioner by sending, not less than 1.0 working days
before the public hearing on the application, notice of the hearing and a copy of the
application
-
(b) The commissioner may submit any written or oral comments
regarding the effect of the proposed activity on the dunes that pro-
tect state-owned land, shores, and submerged land.
63.057. Permit for Certain Activity Prohibited
(a) No permit may be issued that allows the operation of a recreational vehicle on a
sand dune seaward of the dune protection line.
(b) No permit may be issued that allows any activity in a critical dune area inconsistent
with rules promulgated by the commissioner for protection of critical dune areas.
Amended b7 Acts 1991, 72nd Leg., eh 296, 4 21, eff. June 7, 1991:
[Sections 63.058 to 63.090 reserved for expansion]
r
Ch. 63
3EACHES AND DOES § 63.092
SUBCHAPTER D. PROHIBITIONS
§ 63.091. Conduct Prohibited
Unless a permit is properly issued authorizing the conduct, no person may damage.
destroy, or remove a sand dune or portion of a sanddune
seawardove nof
a dune manner any protectionline or o�on
withinpawing sand dune seaward of a critical dune area or a dime destroy, or line or within a critical duns area.
§ 63.092. Repealed by Acts 1991, 72nd Leg., eh. 295, § 29, eff. June 7, 1991
r
§ 63.093. Prohibited Operation of Recreational Vehicles
No person may operate a recreational vehicle on a sand dune sea-
ward of the dune protection line in any county in which a dune pro-
tection line has been established.
[Sections 63.094 to 63.120 reserved for expansion]
SUBCHAPTER. E. CRITICAL DUNE AREAS
§ 63.121. Identification of Critical Dune Areas
The commissioner, in his role as trustee of the public land of this state. shall identify
the critical dune areas within 1,000 feet of mean high tide that are essential to the
protection of state-owned land, public beaches, and submerged land. The commissioner
shall promulgate riles for • the identification and protection of critical dune areas.
4 63.122. Notice to Counties
After the commissioner has identified the critical dune areas, notice of the critical dune
areas and the rules for their protecdon shall be given to the commissioners court of each
county and the governing body of each municipality in which one or more of these areas is
located.
T
[Sections 63.123 to 63.150 reserved for expansion]
.;17C-TLET= Z. 2PEAL.E.
§ 63.151. Appeal by Littoral Owner
A littoral owner aggnevea by a decision oi the commissioners court 3r governing 'Daly
of the municipality under chis chapter may appeal to a distnct court •.n that county.
63.152. Appeal by Commissioner T.-
Thai eommimioner may appeal to a district court of that county any decision of the
commissionets court or governing body of the municipality that the commissioner deter
mineto). s violation of this chapter.
[Sections 63.153 to 63.180 reserved for expansion]
SUB
°FLUTER G. PENALTITh
tog ),
- •
2c.
..;;,trils11311113Theaterint*40rneyEnforcnnengnaakittornat wndus4i,:crisiat4gearrirequnt ett *attoineyaceshanthecommisasioner,arsi.
ar at file indistrict court
of Trail Canty or igi Ojai! ,
_ - - the violation liana suit to obtain either
mgorary or permanent court order or to prohibit and remedy any violation of
or any rat chapter and to collect damages to
rras;estMrilio end to ...a einl penalties.
• Wiled
this chapter or any rule, permit, or order under this chapter a
is liable for a civil penalty of not len than $50 nor more than 51,000. Each day that
violation occurs or couthituts sixteenmo a separate offense.
APPENDIX XIV
FOUNDING POLICIES
The regulations promulgated herein are based partially on the Comprehensive Plan including but not
limited to the following policies:
GENERAL POLICIES (as extracted from 31 TAC Chapter 15, Coastal Area Planning)
1. Protect the public health and safety, and in doing so, to protect, preserve, restore, and
enhance coastal natural resources of the barrier islands, bordering the Gulf of Mexico, and the
floodplains, beaches, and dunes located there.
2. Aid coastal landowners and governmental entities in using beachfront property in a
manner compatible with preserving public and private property, protecting the public's right to benefit
from the protective and recreational functions of a healthy beach/dune system, conserving the
environment, conserving flora and fauna and their habitat, ensuring public safety, and minimizing loss
of life and property due to inappropriate coastal development and the destruction of protective
coastal natural features.
3. Foster mutual respect between public and private property owners and to coordinate with
and assist other local and state governments in managing the Texas coast so that the interests of both
the public and private landowners are protected.
4. Promote dune protection and ensure that adverse effects on dunes and dune vegetation are
avoided whenever practicable. If such adverse effects cannot be avoided and have been minimized,
every effort must be made to repair, restore, and rehabilitate existing dunes and dune vegetation.
5. Prevent the destruction and erosion of public beaches and other coastal public resources,
to encourage the use of environmentally sound erosion response methods, and to discourage those
methods such as rigid shorefront structures which can have a harmful impact on the environment and
public and private property.
6. Aid populated areas located on the barrier islands bordering the Gulf of Mexico which are
extremely vulnerable to flooding and property damage due to violent storms by working to reduce
flood losses, by minimizing any waste of public funds in the national flood insurance program, and
by ensuring that the insurance remains available and affordable.
7. Protect the public's right of access to, use of, and enjoyment of the public beach and
associated facilities and services as established by state common law and statutes. The public has
vested property rights in Texas' public beaches, and free use of and access to and from the beaches
are guaranteed. The Open Beaches Act requires local governments to preserve and enhance use of
public beaches and access between the beaches and public roads. If an access point must be closed,
then existing law requires it to be replaced with equal or better access consistent with the appropriate
local dune protection and beach access plan. Whenever practicable, public beach use and access shall
be enhanced.
95NH2850.3kx.njh (aar)
2-21-95
50
8. Provide coordinated, consistent, responsive, timely, and predictable governmental decision
making and permitting processes.
9. Recognize that the beach/dune system contains resources of statewide value and concern,
which local governments are in the best position to manage on a daily basis.
10. Educate the public about coastal issues such as dune protection, beach access, erosion,
and flood protection, and to provide for public participation in the protection of the beach/dune
system and in the development and implementation of the Texas Coastal Management Program.
LOCAL ACTION POLICIES
1. The City of Corpus Christi will pursue park dedication as required through the Platting
Ordinance for unplatted areas and those areas which have platted properties and the park dedication
commitment has not been fulfilled. Parkland dedication will be accepted in land, money -in -lieu -of -
land, or any appropriate combination emphasizing public parking and access to the beach.
2. The City will actively support the establishment of the Dune Protection Line at the
easternmost line of the North Padre Island Seawall.
3. The City will actively seek funding through the General Land Office, other federal and
state agencies, and other public sources to purchase and develop an area landward of the Seawall to
provide a minimum of 300 public parking spaces. Subsequent to purchase and development of the
parking area landward of the seawall, the City will take action to close permanently the beach
seaward of the Seawall to vehicular traffic for safety purposes.
4. The City will actively seek funding through the General Land Office, other federal and
state agencies and other public sources for the purchase and development of six off -beach parking
and beach access parks within the area between the Mustang Island State Park and the Port Aransas
City Limits and east of S.H. 361.
5. The City recommends that Nueces County establish a definitive policy to temporarily
prohibit vehicular movement on the beach to protect beach users in the area seaward of the Seawall.
Specifically, the City recommends that a safety corridor be established between the bottom of the
Seawall and the waters edge of a minimum 75 foot width or vehicular traffic will be prohibited from
driving on the beach at the Seawall.
6. In order to increase access to the beach seaward of the Seawall, the City will aggressively
pursue the permanent dedication of Beach Access Road No. 3-A and the two existing private
pedestrian walkways currently owned by private interests.
7. The City will request the General Land Office and the Texas Parks and Wildlife
Department to provide public access points at a minimum of one mile intervals within any lands
controlled by respective State agencies which are located adjacent to the Gulf Beach. The City will
95NH2850.3kxnjh (aar)
2-21-95
• 51
encourage the GLO and the TPWD to provide additional recreational vehicle sites within State lands
on Padre and Mustang Islands. The City will request the Department of Interior to provide public
access points at a minimum of one mile intervals within any lands controlled by the federal
government which are located adjacent to the Gulf Beach. The City will encourage the Department
of Interior and National Park Service to provide additional recreational vehicle sites within federal
lands on Padre and Mustang Islands.
8. The City encourages the retention of access to the public beach through the means of
private easements to accommodate all property between S.H. 361 and the public beach should current
beach access be restricted through future sub -division of these properties.
9. Where the developer is proposing public roadways, the City will encourage the use of
paralleling roadways and alternative street standards included in the Plan.
95NH2850.3kx.njh (aar)
2-21-95
T
That the foregding ordinance was read for the first time and passed to its second reading on
+vl , 19 Q,') , by the following vote:
this the 21 day of { 2hVv�A
Mary Rhodes `J Edward A. Martin aP
Dr. Jack Best
Dr. David McNichols Q/
Melody Cooper �' . Clif Moss
Cezar Galindo David Noyola
Betty Jean Longoria
That the foregoing ordinance was ead for the second time and passed finally on this the 2'day
of CyI , 19 Q I, by the following vote:
Mary Rhodes Edward A. Martin
Dr. Jack Bestn( Dr. David McNichols
Melody Cooper ClifMoss n,bQn�l
l�Y
Cezar Galindo David Noyola "�kl�
Betty Jean Longoria l 'ahe 0,J
PASSED AND APPROVED, this thejS day of R(.�YIP2-1 19q.
ATTEST:
Armando Chapa, City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED AS TO FORM THIS 9TH DAY OF FEBRUARY, 1995:
JAMES R. BRAY, JR., CITY ATTORNEY
ert J. Hart, Assis y Attorney
95NH2850.3kx.njh (aar)
2-21-95
022164
State of Texas, }
County of Nueces }
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad #44800
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President & Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo,
Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio,
Victoria, and Webb Counties, and that the publication of PUBLIC HEARING
TRANSPORTATION PLAN AMENDMENTS AN ELEMENT OF THE
COMPREHENSIVE PLAN NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL
OF THE CITY which the annexed is a true copy, was published in the Corpus Christi Caller -
Times on the 11THday(s) of December. 1994.
ONE (1)Time(s)
$66.30
Vice -President & C
financial Officer
Subscribed and sworn to before me this 28TH day
December. 1994.
fyl
Notary Public, Nueces County, Texas
My commission expires on 5/14/97.
Sunday. Norte 11, MN Corpus Christi t r -t /F7
PUBUC HEARING
TRANSPORTATION
PLAN AMENDMENTS
AN ELEMENT OF THE
COMPREHENSIVE PLAN
Notice is hereby given that
the City Council of the City of
Corpus Christi will conduct a
public hearing on proposed
charges to the Corpus Christi
Transportation Plan at 2:00
p.m., Tuesday, December 13.
1994 in the City Council
Chambers, City Hall, 1201
Leopard St., Corpus Christi.
Texas. These changes and
additions pertain to the street
networks of the Mustang-Ps-
dre Island and the Dune
Protection and Beach Access
ares, and the North Central,
Oso Parkway, Port/Air-
port/Violet, South Central,
Southaide, and Westside ar-
eas; adopting new street
cross sections; and adopting
pedestrian beach access
cross sections for the Mus-
tang -Padre Island and Dune
Protection and Beach Access
areas.
Information may be ob-
tained by calling the Planning
Department at 880-3580, or
react at 1201 L17
/s/ Armard s.
City S.orwy,
City of Corp.., Christi
State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 67062
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who
being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said
County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim
Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patrick), Victoria,
and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO.
022164 AMENDING THE DUNE PROTECTION AND BEACH ACCESS PLAN. AN
ELEMENT which is the annexed is a true copy, was published in the Corpus Christi Caller -
Times on the 6th day(s) of MARCH. 1995.
ONE (1) Time(s)
$ 37:40
'% 14
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 20TH day of
MARCH. 1995.
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
r
Christi CiMIn-Tim 8, 1995
N CE F PASSAGE
ORDINANCE NO. 022184
TECTON
MENDING THE DUNE PIU -
AND BEACH
ACCESS HMI, AN ELS
CIP TOE atv OF anus
CHRISTI COMPREHENSIVE'..
PLAN; AMENDING THE
CITY'S DEVELOPMENT OB-
JECTIVES, POLICIES, AND
PROGRAMS FOR AFFECTED
AREAS ON MUSTANG AND
PADRE ISLANDS; PROVIDING
FOR SEVERANCE.
The ordinance was passed
and approved by the City
Council of the City of
Corpus Christi on the 28th
day of February, 1885..
/q Areyty4{
rtvOwOty al Corpus Cher
T'