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Home My WebLink AboutM1992-312 - 11/24/1992Motions- 11/24/92 Motion affirming the Landfill Site Selection Committee's recommendation. M92-312 Bold = additions Strike out = deletions Coastal Management Regulations Recommended Changes Preamble page 6418 column 1 paragraph 3 - Comment: The estimated costs are too low, and may not accurately reflect true costs. Reevaluation of these costs is recommended by the GLO. § 15.2 Definitions: Add the following definitions: "Be · achfront construction certificate or certificates" - ...finding by the local government that the construction comnlies with the local government's nlan for the ;>reservation and ~ publi-c access to the public-beach... - - Comment: The local government should not authorize construction which is in conflict with its plan. "Critical dune areas" - ...beach/dune system within 1,000 feet of mean high tide of the Gulf of Mexico that contain dune and dune complexes that are seaward of the dune ~rotection ~ protect the public... - Comment: Clarification of area "Industrial Facilities" - ... and landfills. This does not include all mun~icinal waste water ma m n fa ''ti . - Comment: This will allow the local governments to use their discretion when permitting municipal wastewater ponds in wetlands. Such projects, if well designed, can be beneficial to the environment. Also, "Industrial facilities" definition is inappropriate because it encompasses only waste facilities. Recommend that definition be changed to "Waste facility." § 15.3 (e) Notice of establishment of or cham, in~, the location of g dune protection fine. Local governments shall.., a public hearing to c-or~ider establishing or ehan~n? the loeafion of a dune protection line... Comment: Seems to indicate that the regulations don't give local government this authority but that we must already have it in local ordinances. Clarify that authority will come through SB 1053 upon certification and that ordinances will only be needed to support local regulations that go beyond SB 1053. § 15.3 (f) Local government plans shall also demonstrate the coordination on the local level of the dune protection, beach access, erosion response, and flood protection programs. 2 .~.~ gc;'c~-mcn~ ~"~" ,~*~*~ *~ ........... : ...... ~ and these programs shall be integrated into one plan. Comment: This will clarify that the integration is to be done within a single government and not intergovernmental. Furthermore. please clarify ff the local governments a~-c, sup_nosed to develoo and incoroorate a flood orotection oro~am into their Coastal § 15.3 (g) The General Land Office's certification...shall be by adoption of the local ~ into...Texas Natural Resources Code. Comment: Also, there should be a process which allows local government to amend its dune protection and beach access plans. § 15.3 (h) Comment: Recommended that local governments have 180 days after adoption of the finl~l rules by the GLO to submit plans. § 15.3 (1) (4) Comment: Concur with comments made by Joe Moseley which reflect a solution to various sized projects and associated time frames. (see Moseley letter, pages 4 - 6 of 16) § 15.3 (1) (4) B (viii) ... plan and elevation view § 15.3 (1) (4) (B) (xiv) ... elevation of the site and finished floor elevation: § 15.3 (1) (4) (I) (v)... the local historical erosion rate and the activity's impact on coastal erosion, as determined by the University of Texas Bureau of Economic Geolo~, § 15.3 (1) (5) Preliminary ... will subsequently require a dune protection permit and/or a beachfront construction certificate. § 15.3 (1) (6) (B) ... comments on the proposed activity to the local government. Thc re~ipt of ~e pub~c nofi~ ~d aoo~finn package ~hall ~ deemed a~mov~ ~ thai ~en~ of ~ a~on taken on ~e ~fion ~ ~e 1o~ ~ove~e,I. -- ~ 15.3 (m) (1) Cogent: Con~r ~th co~ents made by Joe Moseley w~ch refle~ len~h of pe~t, renew~ ti~e ff~es ~d ch~ges in correction matefi~s. (see Moseley letter, pages 6 - 7 of 16) ~ 15.3 (m) (2) ...if ~co~istent ~th the local gove~ent's pl~ at ~e ~e ~c ~t or ~ ~ · ... - Comment: Recommend that the word '~-^:-~" .... be changed to '¥oidable" to preclude undue hardships on property owners due to an administrative error by a local government. 3 15.3 (m) (2 & 3) Comment: Not allowing changes in construction methods and materials is not realistic. Reword to allow for realistic modifications which result during construction. 15.4 (b) (5) the local dune erosion rate and... Comment: For clarity the type of erosion rate needs to be specified here. § 15.4 (c) (2) depositing sand, soil, sediment, or dredge spoil which contains any of the toxic material...or is of a ~ different mineralogy of grain size than the sediment found on the site except for materials related to the installation or maint, enane~__ of public roads lalnning generally_ _tm _rpendicular to the beach § 15.4 (c) (10) ...detonating bombs, explosives, and discharging fireworks or firearms. unless it is a matter of public safety, § 15.4 (d) Mitigation. The mitigation...that an activity will result in any ..... ~,~ ac}verso affeqt to dunes or dune vegetation. § 15.4 (d) (1) (A) (ii) If a permittee.., to crossing_~_.~al dune areas...Add: P~g. PJl~e,l~ in wash out areas should be avoided, § 15.4 (d) (1) (B) (i) Local governments shall require permittees for constxuction seaward of the dune protection line to locate all construction as far as practicable landward of foredunes. § 15.4 (d) (1) (B) (iii) Local governments shall require permittees to route private pedestrian beach access to the public beach '~- ..... ~- ..... ~- ...... ~- .... ~ -- ..... o ...................... over elevated walkways. Local governments shall route public pedestrian beach access *~ ..... u ..... u ..... .......... ~o~ over elevated walkways. ** * Local governments shall ... excessive private access. (delete remainder of sentence.) In determining...shall consider size and scope of the development and encourage _ioint use of the walkover, Comments: Some washover channels may provide unique or valuable habitat or is likely to be washed out in a major storm. Deletion of much of fourth sentence will conform to intent of the last sentence. § 15.4 (d) (1) (D)...Local governments shall require ... when locating new channels and storm water retention [~a_qlng § 15.4 (g) (1) Initiation of compensation. Local governments shall require permittees to begin com_uensation damage to dunes and dune vegetation prior to or concurrent with commencement of the permitted actav~ .......... and ff comoensation is not completed prior to commencement the perminee .qhal! the local government with proof of financial re _spons~ili_ty in an amount equal to tbs.! necessary_ to complete the con_me_ n~tlon. This can be done in the form of an irrevocabl;. letter of cre0it or bond- 4 § 15.4 (g) (4)...dune vegetation varies with factors such as fim~, climate... § 15.5 (a)...affirmative finding by_ the zf a local government that .... § 15.5 (b)...shail not certify beachfront construction that ~ allows a permittee to: § 15.5 (c) (2) (A) Add: Exceptions will be ~anted only as provided for in 15.6 (d). § 15.6 (b) Location of construction. Local governments shall require permittees for construction seaward of the dune protection lin~ to locate all construction as far landward as is practicable and... § 15.6 (d) (2) failure to repair the structure will cause unreasonable flood hazard to a private dwelling ~' ........ ~: .... · .... :-- reapc, r.:e ~*--~' ....... -'" ~ .... ' ~ .... *~-* .^ .~ § 15.6 (g) and (h) Comment: Strike both paragraphs and add: Projects .qhall be designed to rnlnlmi~e impacts on natllral hydrology. § 15.7 (1) Local governments shall prohibit...result in the ~ redistribution... Comment: Recommend that use of machinery be permitted in appropriate circumstances. § 15.8 (c)...that proposes a new or amcna_.ed h~ed beach user fee. Also, collecting beach user fees by local government requires approval of a plan, including beach access and dune protection, as per SB 1054. This will require completion of a plan by the City. However, the local governments involved could develop one plan to address beach access and dune protection, as long as each entity's needs are met. § 15.8 (e) and § 15.10 (f) Comment: Revoking a perfectly good plan appears to be an inappropriate remedy for a violation when other remedies could be available. Recommend rewording these provisions in each section. § 15.8 (h)..Local governments shail..related to the public beach nor allow diseriminalion by any person .... § 15.8 Comments: several paragraphs in this section are perceived by some as being confusing and inconsistent as to what the beach user fee can be used for. Reword paragraphs 15.8 (b) (1), 15.8 (b) (3) (A), and 15.8 (e) to read more clearly and consistently. beachmgt.mm:jd29