| (E) any other information the local government may
consider useful to determine consistency with the local government's
dune protection and beach access plan, including resource information
made available to them by federal and state natural resource entities
and landowners immediately adjacent to the tract. A local government
shall not issue a dune protection permit 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, amendment, and renewal of permits and certificates.
(1) A local government's dune protection permits or
beachfront construction certificates shall be valid for no more than
three years from the date of original issuance, unless additional
time has been provided by a renewal.
(2) Prior to the expiration of a certificate or permit,
a local government may renew a dune protection permit or beachfront
construction certificate allowing proposed construction to continue
if there are no material changes to the site or proposed activities
and the activity in the application for renewal meets the applicable
state and local standards.
(A) As part of a renewal request, the permittee shall
supplement the information provided in the original permit or certificate
application materials with a statement describing the absence of or
any changes to the site, project plans, or any other original information
provided by the permittee.
(B) For the purpose of maintaining administrative records,
local governments shall keep all original application and renewal
materials submitted by any applicant as provided in subsection (u)
of this section.
(C) Each renewal of a permit and certificate allowing
construction shall be valid for no more than 90 days.
(D) 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.
(3) Local governments that choose to authorize master
plans may adopt a different term limit for permits and certificates
only if the master plans are authorized under a separate, General
Land Office-approved ordinance or county commissioner's court order.
Each master plan 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.
(4) Any dune protection permit or beachfront construction
certificate allowing beachfront construction issued by a local government
pursuant to its dune protection and beach access plan shall be voidable
by the local government under the following circumstances.
(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 permit or certificate
is issued.
(C) A permittee fails to disclose any material fact
in the application.
(5) In the event of a material change to the site conditions
or the proposed construction since approval of the original application,
a local government shall require that an applicant or permittee amend
an application for a permit or certificate, or obtain a new permit
or certificate. All information relevant to the material changes,
such as site conditions, project plans, and required changes to mitigation
or compensation, must be disclosed by the applicant or permittee to
the local government. The local government will submit the amended
application for a permit or certificate or new application to the
General Land Office for review and comment.
(6) A permit or certificate automatically terminates
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 construed 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 maintain an
administrative record which demonstrates the basis for each final
decision made regarding the issuance of a dune protection permit or
beachfront construction certificate. The administrative record shall
include copies of the following:
(A) the permit, certificate, and any other relevant
authorization that was issued in response to the application or in
connection with the permit or certificate issued;
(B) all materials the local government received from
the applicant as part of or regarding the permit or certificate application
or any association renewal or amendment;
(C) the transcripts, if any, or the minutes and recordings
of the local government's meeting during which a final decision regarding
the permit or certificate was made; and
(D) all comments and other correspondence sent or received
by the local government regarding the permit or certificate.
(2) Local governments shall keep the administrative
record for a minimum of four years from the expiration date of a permit
or certificate.
(A) Local governments shall send to the General Land
Office upon request a copy of those portions of the administrative
record that were not originally sent to the General Land Office for
permit or certificate application review and comment. The record must
be received by the General Land Office no later than 10 working days
after the local government receives the request.
(B) The General Land Office shall notify 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 Note: The provisions of this §15.3 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective September 25, 1997, 22 TexReg 9476; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective February 23, 2015, 40 TexReg 819; amended to be effective May 8, 2023, 48 TexReg 2343 |
