| (a) Local government application of standards. This
section provides the standards local governments shall follow when
issuing, denying, or conditioning 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 both. The requirements of this section are in addition
to the requirements in §15.4 of this title (relating to Dune
Protection Standards), and §15.5 of this title (relating to Beachfront
Construction Standards).
(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
erosion.
(c) Prohibition of erosion response structures. Local
governments shall not issue a permit or certificate allowing construction
of an erosion response structure. Notwithstanding the general prohibition
on constructing erosion response structures, a local government may
authorize the construction of a structural shore protection project
that conforms with the policies of the General Land Office promulgated
in 31 TAC §26.26(b) of this title (relating to Policies for Construction
in the Beach/Dune System). However, a local government may issue a
permit or certificate authorizing construction of a retaining wall,
as defined in §15.2 of this title (relating to Definitions),
under the following 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 certificates authorizing
maintenance or repair of an existing erosion response structure seaward
of the line of vegetation or the enlargement or improvement of the
structure within 200 feet landward of the line of vegetation. Notwithstanding
the general prohibition on maintaining or repairing erosion response
structures, a local government may authorize the maintenance or repair
of a structural shore protection project that conforms with the policies
of the General Land Office promulgated in 31 TAC §26.26(b). Also
within 200 feet landward of the line of vegetation, local governments
shall not issue a permit or certificate allowing any person to maintain
or repair an existing erosion response structure if the structure
is more than 50% damaged, except under the following circumstances.
(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
landward 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 habitable
structure.
(e) Construction in flood hazard areas.
(1) A local government shall not issue a permit or
certificate that does not comply with FEMA's regulations governing
construction in flood hazard areas. FEMA prohibits man-made alteration
of sand dunes and mangrove stands within Zones V1-30, V, and VE on
the community's flood insurance rate maps which would increase the
potential for flood damage.
(2) A local government shall inform the General Land
Office and the FEMA regional representative 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-approved local ordinance or county commissioners court
order.
(f) Construction in eroding areas. Local governments
with jurisdiction over eroding areas shall follow the standards provided
in §15.4 of this title and §15.5 of this title. If there
is any conflict between this subsection, §15.4 of this title,
and §15.5 of this title, this subsection applies. The General
Land Office shall supply information for or assist a local government
in determining eroding areas and the landward boundary of 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 areas
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) allow a permittee to alter or pave only the ground
within the footprint of the habitable structure, not including amenities
(however, permeable materials such as brick pavers, gravel or crushed
limestone may be used to construct driveways) only if the alteration
or paving will be entirely undertaken, constructed, and located landward
of 200 feet from the line of vegetation or landward of an eroding
area boundary established in the local beach/dune plan, whichever
distance is greater; and
(4) Unless otherwise restricted by the local plan,
and if consistent with the requirements of National Flood Insurance
Program, local governments may permit the construction of a storage
area or areas with breakaway or louvered walls or for enclosures required
by local building or safety codes.
(5) Notwithstanding the provisions of paragraph (3)
of this subsection, a local government may allow a permittee to place
unreinforced fibercrete in 4 foot by 4 foot sections, 4 inches thick
separated by expansion joints beneath the footprint of the habitable
structure, as defined in Section 15.2 of this title, only if the fibercrete
is not structurally attached to the pilings. The placement of unreinforced
fibercrete will be entirely undertaken, constructed, and located at
least 25 feet from the landward toe of the foredunes. If no dunes
exist, placement of unreinforced fibercrete will only be undertaken,
constructed, and located at least 100 feet landward of the line of
vegetation, or landward of an eroding area boundary established in
the local dune protection and beach access plan, whichever distance
is greater. Gravel or crushed limestone may be used to construct driveways
and parking areas in the area 50 feet landward of the line of vegetation
to the Dune Protection Line.
(g) Construction of certain parking areas or walkways.
Notwithstanding the standards provided in §15.4(c)(8) of this
title, §15.5(b)(3) of this title, and subsection (f) of this
section, if parking areas or walkways for commercial facilities or
public beach access facilities are required to be accessible for persons
with disabilities and the use of permeable materials is not practicable,
a local government may allow a concrete slab or other impervious surface
whose area does not exceed 5.0% of the square footage of the property,
upon demonstration of necessity by the applicant. If there is any
conflict between this subsection, §15.4(c)(8) of this title, §15.5(b)(3)
of this title, and subsection (f) of this section, this subsection
applies.
(h) Construction affecting natural drainage patterns.
Local governments shall not issue a certificate or permit authorizing
construction unless the construction activities will minimize impacts
on natural hydrology. Such projects shall not cause erosion of adjacent
properties, critical dune areas, or the public beach.
(i) Construction of dune walkovers or similar structures.
Proliferation of dune walkovers shall be minimized as provided for
in 15.4(f)(2)(B) of this title. Local governments shall require permittees
to construct dune walkovers in the following manner:
(1) Dune walkovers shall be constructed to allow for
the growth of dune vegetation and the migration of dunes under the
walkovers.
(A) The width of a dune walkover or similar structure
is limited to 4 feet wide, where practicable. An increased width may
be permitted for public access walkovers, shared walkovers for three
or more residences, or for wheelchair or golf-cart use with approval
of the local government. The need for a dune walkover or similar structure
wider than 4 feet must be demonstrated during the permit application
process.
Cont'd... |
