| (a) Pursuant to Texas Natural Resources Code §33.132,
a littoral owner claiming any right in any structure, excluding a
fixed or floating pier, which as of August 27, 1973, is situated in
whole or in part on coastal public lands, shall have registered with
the General Land Office (GLO) the structure on or before January 1,
1974. Any structure not registered by January 1, 1974, shall require
an easement or lease.
(b) Pursuant to Texas Natural Resources Code §33.115,
any littoral owner desiring to register a pier shall register such
pier with the GLO by submitting a non-refundable registration fee
and an executed structure registration. The structure registration
shall be on a form provided by the GLO.
(c) New construction, reconstruction, or modification
of a pier pursuant to Texas Natural Resources Code §33.115 may
commence only upon receipt by the GLO of the following:
(1) a completed and executed structure registration
form; and
(2) the registration fee.
(d) The construction criteria for piers pursuant to
Texas Natural Resources Code §33.115 shall include the following:
(1) Consistency with residential pier construction
requirements established by the GLO, which are updated periodically
and available online at the GLO website.
(2) Only one pier may extend from each defined parcel
of littoral property.
(3) Appurtenances are limited to those established
by the GLO as normal appurtenances.
(4) A pier or dock shall extend perpendicular from
a point on the shoreline, which is not less than ten feet from the
adjacent littoral property line, unless such a design:
(A) would obstruct navigation; or
(B) would unreasonably interfere with an adjoining
littoral property owner's use of the waterfront.
(e) Notwithstanding the provisions of subsection (d)
of this section, the Commissioner, at his discretion, may authorize
the registration of non-commercial pier structures, pursuant to Texas
Natural Resources Code §33.115.
(f) Any person registering a structure or pier pursuant
to this section agrees and consents to the following:
(1) to maintain the structure or pier in the proper
condition and not allow it to deteriorate to such a degree as to become
a hazard or public nuisance;
(2) to notify the GLO upon a change of ownership, or
property interest, in the adjacent littoral property within 30 days
of such change;
(3) to comply with and be bound by all terms and conditions
of the structure registration form provided by the GLO; and
(4) to record the GLO provided memorandum in the County
Deed Records in which the littoral property lies.
(g) In the event a pier or structure has been registered
pursuant to subsection (a), (b), (d), or (e) of this section and the
littoral owner subsequently desires to make modifications or additions
or rebuild the pier or structure, the littoral owner shall obtain
either a new easement or lease, or a new registration pursuant to
Texas Natural Resources Code §33.115 in lieu of the prior registration.
(h) To the greatest extent possible, the littoral owner
shall construct a pier, pursuant to Texas Natural Resources Code §33.115,
in a manner that avoids existing marshes, oyster reefs, sea grass
or shallow water capable of supporting these habitats. Impact to sensitive
habitats that cannot be avoided shall be minimized to the greatest
extent possible.
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| Source Note: The provisions of this §155.5 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective October 23, 2005, 30 TexReg 6772; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective September 21, 2020, 45 TexReg 6595; amended to be effective July 3, 2022, 47 TexReg 3692 |
