| (a) Development on submerged lands shall comply with
the policies in this section.
(1) Marinas shall be designed and, to the greatest
extent practicable, sited so that tides and currents will aid in flushing
of the site or renew its water regularly.
(2) Marinas designed for anchorage of private vessels
shall provide facilities for the collection of waste, refuse, trash,
and debris.
(3) Marinas with the capacity for long-term anchorage
of more than ten vessels shall provide pump-out facilities for marine
toilets, or other such measures or facilities that provide an equal
or better level of water quality protection.
(4) Marinas, docks, piers, wharves and other structures
shall be designed and, to the greatest extent practicable, sited to
avoid and otherwise minimize adverse effects on critical areas from
boat traffic to and from those structures.
(5) Construction of docks, piers, wharves, and other
structures shall be preferred instead of authorizing dredging of channels
or basins or filling of submerged lands to provide access to coastal
waters if such construction is practicable, environmentally preferable,
and will not interfere with commercial navigation.
(6) Piers, docks, wharves, bulkheads, jetties, groins,
fishing cabins, and artificial reefs (including artificial reefs for
compensatory mitigation) shall be limited to the minimum necessary
to serve the project purpose and shall be constructed in a manner
that:
(A) does not significantly interfere with public navigation;
(B) does not significantly interfere with the natural
coastal processes which supply sediments to shore areas or otherwise
exacerbate erosion of shore areas; and
(C) avoids and otherwise minimizes shading of critical
areas and other adverse effects.
(7) Facilities shall be located at sites or designed
and constructed to the greatest extent practicable to avoid and otherwise
minimize the potential for adverse effects from:
(A) construction and maintenance of other development
associated with the facility;
(B) direct release to coastal waters and critical areas
of pollutants from oil or hazardous substance spills or stormwater
runoff; and
(C) deposition of airborne pollutants in coastal waters
and critical areas.
(8) Where practicable, pipelines, transmission lines,
cables, roads, causeways, and bridges shall be located in existing
rights-of-way or previously disturbed areas if necessary to avoid
or minimize adverse effects and if it does not result in unreasonable
risks to human health, safety, and welfare.
(9) To the greatest extent practicable, construction
of facilities shall occur at sites and times selected to have the
least adverse effects on recreational uses of CNRAs and on spawning
or nesting seasons or seasonal migrations of terrestrial and aquatic
wildlife.
(10) Facilities shall be located at sites which avoid
the impoundment and draining of coastal wetlands. If impoundment or
draining cannot be avoided, adverse effects to the impounded or drained
wetlands shall be mitigated in accordance with the sequencing requirements
of §26.23 of this title (relating to Policies for Development
in Critical Areas). To the greatest extent practicable, facilities
shall be located at sites at which expansion will not result in development
in critical areas.
(11) Where practicable, piers, docks, wharves, bulkheads,
jetties, groins, fishing cabins, and artificial reefs shall be constructed
with materials that will not cause any adverse effects on coastal
waters or critical areas.
(12) Developed sites shall be returned as closely as
practicable to pre-project conditions upon completion or cessation
of operations by the removal of facilities and restoration of any
significantly degraded areas, unless:
(A) the facilities can be used for public purposes
or contribute to the maintenance or enhancement of coastal water quality,
critical areas, beaches, submerged lands, or shore areas; or
(B) restoration activities would further degrade CNRAs.
(13) Water-dependent uses and facilities shall receive
preference over those uses and facilities that are not water-dependent.
(14) Nonstructural erosion response methods such as
beach nourishment, sediment bypassing, nearshore sediment berms, and
planting of vegetation shall be preferred instead of structural erosion
response methods.
(15) Major residential and recreational waterfront
facilities shall to the greatest extent practicable accommodate public
access to coastal waters and preserve the public's ability to enjoy
the natural aesthetic values of coastal submerged lands.
(16) Activities on submerged land shall avoid and otherwise
minimize any significant interference with the public's use of and
access to such lands.
(17) Erosion of Gulf beaches and coastal shore areas
caused by construction or modification of jetties, breakwaters, groins,
or shore stabilization projects shall be mitigated to the extent the
costs of mitigation are reasonably proportionate to the benefits of
mitigation. Factors that shall be considered in determining whether
the costs of mitigation are reasonably proportionate to the cost of
the construction or modification and benefits include, but are not
limited to, environmental benefits, recreational benefits, flood or
storm protection benefits, erosion prevention benefits, and economic
development benefits.
(b) To the extent applicable to the public beach, the
policies in this section are supplemental to any further restrictions
or requirements relating to the beach access and use rights of the
public.
(c) The GLO and the SLB, in governing development on
state submerged lands, shall comply with the policies in this section
when approving oil, gas, and other mineral lease plans of operation
and granting surface leases, easements, and permits and adopting rules
under the Texas Natural Resources Code, Chapters 32, 33 and 51 - 53,
and Texas Water Code, Chapter 61.
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