| (i) the name, address, phone number, and, if applicable,
electronic mail address of the applicant, and the name of the property
owner, if different from the applicant;
(ii) a complete legal description of the tract and
a statement of its size in acres or square feet;
(iii) a description of the proposed structures, the
number of structures, and whether the structures are amenities or
habitable structures;
(iv) a statement written by the applicant affirming
that the construction, the completed structure, and use of or access
to and from the structure will not adversely affect the public beach
or public beach access ways or exacerbate erosion;
(v) the approximate duration of the construction;
(vi) a description (including location) of any existing
dune walkovers and walkways, and design plans and elevation views
for any proposed walkways or dune walkovers on the tract;
(vii) current color photographs of the site which clearly
show the current location of the vegetation line and any dunes on
the tract which are seaward of the dune protection line;
(viii) an accurate map, site plan, survey, or plat
of the site identifying:
(I) the site by its legal description, including, where
applicable, the subdivision, block, and lot;
(II) the location of the property lines and a notation
of the legal description of adjoining tracts;
(III) the location of the proposed construction and
the distance between the proposed construction and mean high tide,
the line of vegetation, the dune protection line, and the landward
limit of the beachfront construction area;
(IV) the location of proposed and existing structures,
and the size (in acres or square feet) of the proposed project area;
(V) proposed roadways and driveways;
(VI) proposed landscaping activities within 200 feet
of the line of vegetation, including the installation of fencing;
and
(VII) the location of any retaining walls, seawalls,
or erosion response structures on the tract and on the properties
immediately adjacent to the tract and within 100 feet of the common
property line.
(C) Permit and certificate applications for large-scale
construction. For all proposed large-scale construction, local governments
shall require applicants 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 subdivision certified by a licensed surveyor,
(if the area is located within an unplatted tract, a survey will suffice)
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 proposed 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.
(D) Submission of readily available information with
permit and certificate applications. For all proposed construction
(large- and small-scale), if applicants already have the following
items and information, local governments shall require them to be
submitted in addition to the other information required:
(i) the most recent local historical erosion rate data
(as determined by the University of Texas at Austin, Bureau of Economic
Geology) and the activity's potential impact on coastal erosion; and
(ii) a copy of the FEMA "Elevation Certificate."
(E) Submission of information by local governments.
For all proposed construction (large- and small-scale), local governments
shall provide to the General Land Office 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;
(iv) a description as to 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 plan'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; and
(v) copies of aerial photographs of the proposed construction
site with a delineation of the footprint of the proposed construction.
(F) Dissemination of erosion data and other technical
information. For all proposed construction (large- and small-scale),
the General Land Office shall be the state contact for erosion rate
data questions and supply available technical information to a local
government, upon request.
(6) Master plan. Local governments may adopt separate
ordinances or county commissioners court orders authorizing master
plans located within the geographic scope of this subchapter. These
ordinances and orders shall be consistent with and address the dune
protection and beach access requirements of this subchapter, the Dune
Protection Act and Open Beaches Act. The ordinances and orders shall
be submitted to the General Land Office for review and approval to
ensure consistency with this subchapter. When considering approval
of a master planned development or construction plans and setting
conditions for operations 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 development;
and
(C) whether any component of the master plan, such
as installation of 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 construction
certificate. If a dune protection permit or beachfront construction
certificate will be necessary, the local government shall require
the developer to apply for the permit and/or certificate as part of
the master plan approval process. This requirement 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.
(7) General Land Office comments.
(A) A person proposing to conduct an activity for which
a permit or certificate is required shall submit a complete application
to the appropriate local government. The local government shall forward
the complete application, any associated material, and, where applicable,
notice of public hearing to the General Land Office. The application,
hearing notice, any documents associated with the application, and
information as to when the decision will be made must be received
by the General Land Office no later than 10 working days for small-scale
construction and 30 working days for large-scale construction before
the date of the local government's public hearing on the application
or when the local government is first scheduled to act on the permit
or certificate. A local government may act on such applications following
the public hearing or a decision by the commissioner's court or municipal
governing body if the General Land Office received the application
within the proper time frame and the General Land Office provides
comments or does not submit comments on the application to the local
government.
(B) The General Land Office may submit comments on
the proposed activity to the local government. The review period for
comments of 10 working days for small-scale construction and 30 working
days for large-scale construction is initiated only after the receipt
by the General Land Office of all information required by this section.
(8) Local government review. When determining 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,
including the dune protection and beachfront construction standards
contained in both;
(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
Cont'd... |
