| (a) Issuance. The board may issue permits authorizing
limited continued use of previously unauthorized structures, as defined
in subsection (b) of this section, on coastal public lands, where
such use is sought by one claiming an interest in any such structure
but is not incident to the ownership of littoral property. This section
is not intended to limit the authority granted to the commissioner
or the board in the management of the surface estate in coastal public
lands, or to be the exclusive means by which the commissioner or board
may grant permission for the use of coastal public lands.
(b) Definition. A structure under this section shall
be defined as any housing, capable of residential use or which otherwise
would typically be considered an improvement on real property, which
is in any manner attached or affixed to coastal public land and is
not associated with the ownership of littoral property.
(c) Criteria. The board may not:
(1) grant any permit which would be in violation of
the public policy of this state as expressed in these sections and
regulations;
(2) grant more than one permit per person, immediate
family, organization, company, or group; or
(3) grant any permit for dilapidated or derelict structures.
This provision shall not prohibit the issuance of a new contract for
a previously abandoned structure, provided that the permit holder
agrees to rebuild or relocate the structure within one year of contract
issuance.
(d) Interest claim. Any person seeking to obtain an
interest in a structure shall apply to the board for a permit. The
application shall be accompanied by the appropriate fees, as set forth
in §155.15 of this title (relating to Fees), and any documentation
requested by the board.
(e) Board approval. The board may approve, deny, or
approve with qualifications an application for a permit. If an application
is approved by the board, the appropriate contract forms and related
materials shall be forwarded to the applicant for completion. The
board may include in its approval any provisions deemed necessary
to protect the state's interest in coastal public lands and the public
welfare.
(f) Renewal. The board may, at its discretion, renew
a permit upon receipt of a renewal request and the required fees from
the current permit holder if all previous contractual conditions have
been met. The commissioner may approve a permit renewal request without
board approval if the request is consistent with the criteria as set
forth in subsection (c) of this section, provided that the permit
holder has not made or proposed modifications to the permitted structure(s)
that constitute major repairs other than a modification that reduces
the dimensions of the structure(s). If the commissioner approves a
renewal request, the appropriate contract forms and related materials
shall be forwarded to the permittee for completion. The commissioner
may include in his approval any provisions deemed necessary to protect
the state's interest in coastal public lands and the public welfare.
(g) Transfer. The board may, at its discretion, approve
the transfer of a permit upon receipt of a transfer request, provided
that all required fees have been paid and all previous contractual
conditions have been met.
(h) Major repairs. Any action which alters the square
footage of an existing permitted structure shall be considered a major
repair and shall require prior approval from the board. The board
may approve, deny, or approve with qualifications a request for major
repairs to, or for the rebuilding of, a permitted structure. Examples
of major repairs include, but are not limited to:
(1) modification or renovation work which alters the
dimensions of structures currently in existence;
(2) the addition of any structure to an existing permitted
facility;
(3) the relocation of any structure or facility from
its permitted location; or
(4) any activity requiring dredging or filling.
(i) Minor repairs. Minor repairs may be made to a permitted
structure without prior approval of the board. Minor repairs shall
include routine repairs to existing docks, piers, and the structure,
and other normal maintenance required to maintain a structure in a
safe and secure manner but which does not alter the authorized dimensions.
Examples of minor repairs include, but are not limited to:
(1) replacement of tin or shingles on roofs, boards
on floors, walls, walkways, or decks when the structural dimensions
are not increased;
(2) replacement of pilings or other structural members
that do not require dredging or filling;
(3) painting and maintenance activities; and
(4) addition of windows, doors, or rails to an existing
structure.
(j) Abandoned structures. Structures determined by
the board to be abandoned may be removed from coastal public lands
or permitted to an interested party through a competitive bid process
approved by the board. Structures may be considered abandoned if:
(1) no response is received to a notice posted on the
structure citing the Act which requires board authorization for the
structure, and containing a request that the interest holder contact
the General Land Office (GLO) within a specified period of time;
(2) the interest holder in an unpermitted structure
fails to complete the permit application process within 60 days after
contact with the GLO has been made; or
(3) all reasonable attempts to contact a permit holder
at the last known address have failed.
(k) Issuance of permits to new permit holders for structures
determined to be abandoned or for which the permit was terminated
by the board for cause. Structures determined by the board to be abandoned
or for which the interest of the previous permit holder was terminated
for cause may be permitted to an interested party through a competitive
bid process approved by the board in accordance with this subsection.
(1) Nominations of structures for permitting. The board,
GLO staff, or persons seeking to obtain an interest in a specific
structure may nominate for permitting a structure determined by the
board to be abandoned or for which the interest of the previous permit
holder was terminated for cause. Nominated structures will be evaluated
by GLO coastal leasing staff as to suitability for permitting, including
consideration of such factors as location, impacts to natural resources,
and condition of the structure. GLO staff may recommend relocation
or rebuilding of a structure nominated for permitting.
(2) Advertising of availability of nominated structures
for permitting. The board will set the terms and conditions upon which
nominated structures will be offered for permitting. These terms will
be advertised and bids taken.
(3) Competitive bids for permitting of nominated structures.
Competitive bids may be received by the board. Anyone who notified
the GLO, in writing, of a desire to obtain an interest in a particular
nominated structure before the terms are advertised, will be furnished
a bid package at least 10 business days prior to the date set for
awarding of the permit for a nominated structure. Bid proposals for
permits for nominated structures must specify and describe the design
of the structure proposed and must be submitted with the prospective
bidder's payment of his bid offer for the bonus payment and filing
fee.
(4) Permit fees for nominated structures. The appropriate
filing fee, bonus payment, new contract issuance fee, and annual fee
for nominated structures will be determined as provided by §155.15
of this title (relating to Fees).
(5) Awards. After evaluation of all proposals, including
consideration of such factors as the prospective bidder's compliance
with the board's structure design guidelines and compliance history
relating to structures on coastal public land, the board may award
a permit for a nominated structure to the bidder submitting the proposal
determined by the board to be in the best interests of the state.
(6) Improvements. Any structure to be constructed in
accordance with a permit issued pursuant to this bid process is the
property of the State of Texas, as provided in the Texas Natural Resources
Code, §33.131.
(l) General provisions. Each permit issued by the board
or commissioner shall be subject to the following general provisions.
(1) The permit number must be displayed on the structure
in block numerals no less than 10 inches high. The numerals must be
readily visible from the normal route of access and should be of a
color that contrasts with the color of the structure. Decals, paint,
or metal numerals may be used.
(2) All structures on coastal public lands shall be
subject to inspection at any time by the board or its authorized representatives
without prior notice to the permit holder.
(3) All structures shall be maintained in good repair
and safe condition, and shall be kept in a clean and sanitary condition
acceptable to the state.
Cont'd... |
