| (a) Any easement granted to a littoral owner will not
be construed as recognition of a right existing in the littoral owner
incident to the ownership of littoral property.
(b) Permits from other agencies. In the event the activity
for which the easement is sought requires the littoral owner to seek
one or more permits from any other agency or department of government
of the state, the board may agree with such agency or department to
issue a single document incorporating all rights and privileges of
the applicant.
(c) Mineral or surface interest owner. The board may
grant a channel easement to any surface or mineral interest holder
for purposes necessary or appropriate to the use of such interests.
(d) Consideration of application.
(1) Unless otherwise authorized by these sections,
the board will hold a meeting to evaluate, consider, and hear testimony
on an application. Upon receipt of an application and all requested
information, the board may issue, deny, or issue with qualifications,
an easement contract.
(2) Upon receipt of all necessary application information,
the board or the commissioner, as provided by subsection (e) of this
section, may issue, deny, or issue with qualifications, an easement
contract.
(e) The commissioner may approve an easement application
without board approval if the application is for any of the following
activities but not for commercial/industrial activity and is consistent
with the criteria for decision as set forth in subsection (f) of this
section:
(1) existing fill and associated bulkhead, riprap,
dredged areas, groins, breakwaters, or other similar existing projects;
(2) existing piers, docks, boatlifts, or other similar
existing projects;
(3) proposed piers, docks, boatlifts, or other similar
projects provided such projects have been determined by the General
Land Office (GLO) staff to have minimal unavoidable environmental
impacts;
(4) proposed fill and associated riprap or bulkheads
provided such fill impacts less than two hundred (200) square feet;
(5) proposed riprap which impacts the minimum amount
of coastal public land to prevent erosion;
(6) renewals or assignments of previously approved
projects provided the project has not been altered;
(7) habitat creation and/or living shorelines that
are less than 500 linear feet and not associated with another project
on coastal public land; or
(8) pipelines, fiber optic lines, electric lines, and
other uses authorized under Texas Natural Resources Code, Chapter
51.
(f) Criteria for decision. Project proposals will be
evaluated in accordance with the following factors.
(1) Fill projects for the sole purpose of land reclamation
will not be approved; and
(2) Any project that is determined by the board or
the commissioner as unsafe or contrary to the established policies
of the board and/or the GLO will not be approved.
(3) Adverse impacts to coastal natural resource areas
must be avoided to the extent practicable and minimized where unavoidable.
Applicants may be required to provide appropriate mitigation, as set
forth in subsection (b) of this section, for those impacts which are
unavoidable. Where impacts to coastal natural resource areas are minimal,
the payment of a resource impact fee may be required in lieu of undertaking
a physical mitigation project where such project is not practicable.
(4) Docks, piers, and watercraft storage facilities.
(A) Piers, docks, and watercraft storage facilities
will be limited to the minimum size necessary to serve the purpose
of the project and will be constructed in a manner that does not interfere
with navigation or other authorized uses.
(B) Piers, docks, and watercraft storage facilities
will be designed and constructed in a manner that avoids existing
marshes, oyster reefs, seagrass vegetation or shallow water capable
of supporting these habitats to the extent practicable. Impacts to
sensitive habitat that cannot be avoided will be minimized to the
extent practicable.
(C) When constructed for private/residential use, only
one pier or dock, with normal appurtenances, two watercraft storage
facilities (limited to one boathouse), and one additional personal
watercraft slip may extend from each defined parcel of littoral property.
Piers, docks, and watercraft storage facilities shall extend perpendicular
from a point on the shoreline which is not less than ten feet from
the adjacent littoral owner's property line, unless such a design
would obstruct navigation or would unreasonably interfere with an
adjoining littoral property owner's use of the waterfront.
(D) In addition to the authorization granted by subparagraph
(C) of this paragraph, the board may, in its discretion, authorize
the construction of additional watercraft storage facilities for use
in connection with a private residence. Any such authorization must
be consistent with subparagraph (A) and (B) of this paragraph and
will be subject to the fee structure outlined in §155.15 of this
title (relating to Fees).
(5) Dredged areas.
(A) Propwashing is an unacceptable method of dredging
and will not be approved.
(B) Projects shall be limited to the minimum size necessary
to serve the project purpose. Joint use of access channels by multiple
littoral property owners is preferred and encouraged rather than individual
channels.
(C) Extension of piers into deeper water is preferred
to the dredging of access channels or basins whenever practical.
(D) A channel or basin should be designed to insure
adequate flushing and should prevent the creation of conditions which
are likely to cause stagnant water pockets.
(E) The alignment of a channel or canal should make
maximum use of a natural or existing channel. Design and alignment
should minimize disruption of natural sheetflow, water flow, and drainage
systems.
(F) A channel proposed to be dredged through highly
productive coastal public lands is discouraged and will be approved
only in unusual circumstances.
(G) Dredging should be conducted in a manner that minimizes
turbidity and dispersal of dredged material.
(6) Dredged material disposal area.
(A) All dredged material should be placed on and contained
within suitable upland sites of relatively low productivity above
mean high water and where adverse effects of such disposal are minimized.
(B) Dredge material containing hazardous substances
that presents a threat to public health, safety or the environment,
shall be disposed of only in compliance with federal, state and local
laws and regulations; further
(i) dredge material shall not be disposed of in any
place where such disposal would adversely affect municipal water supplies,
shellfish beds, fishery areas (including spawning and breeding areas),
wildlife, or recreational areas; and
(ii) disposal of dredge material shall be in accordance
with §501.25 of this title (relating to Policies for Dredging
and Dredged Material and Placement).
(C) Open water disposal shall comply with subparagraph
(B) of this paragraph and shall be considered only if upland alternatives
are not available. Any disposal in open waters must be in compliance
with all federal, state and local laws and regulations and shall be
consistent with the goals and policies of the Texas Coastal Management
Program.
(D) Consideration of habitat creation and improvement
should be made when environmental damage results.
(7) Jetty, groin, and breakwater.
(A) No new jetties or groins will be authorized except
under the most compelling circumstances upon request by a city, county,
or other public entity for a public purpose.
(B) Plans for construction of a jetty, groin, or breakwater
must be analyzed to insure that the structure does not create adverse
sediment transportation patterns that induce erosion or undesirable
shoaling in adjacent areas.
(C) Existing but unauthorized jetties or groins may
be authorized to remain in place until such jetties or groins are
destroyed or damaged in excess of fifty percent under the following
conditions:
(i) no significant erosion of adjacent property has
occurred or is occurring as a result of the presence of the jetties
or groins;
(ii) no significant adverse impacts to sensitive habitats
have occurred nor are sensitive habitats threatened by the presence
of the jetties or groins;
(iii) no unnatural accumulation resulting in the deposition
of sediments greater than five square feet per linear foot of the
affected shoreline; and
Cont'd... |
