| (d) The ERP must be submitted to the General Land Office for review and approval as a dune protection and beach access plan amendment following the procedures outlined in §15.3(o) of this title (relating to Submission of Local Government Plans to the General Land Office). (1) A local government's governing body must formally approve the ERP prior to submission to the General Land Office. The General Land Office must either grant or deny certification of the local government's ERP within 90 days from receipt, as outlined in §15.3(o) of this title. Certification will be based upon the following criteria: (A) If the local government adopts an ERP consistent with the provisions of this section, it is presumed that the plan will reduce public expenditures due to erosion and storm damage. (B) The local government may adopt an ERP with variances from this section, provided that the plan clearly demonstrates that the variances will reduce public expenditures due to erosion and storm damage losses. If the ERP includes a variance from other requirements or prohibitions of this chapter, the local government must provide a reasoned justification for the variance in accordance with §15.3(o)(6) of this title. (C) Construction prohibitions, exemptions, and requirements of the ERP should be incorporated into the local government procedures for reviewing and approving permit applications. (2) In the event of denial, the General Land Office must send the ERP back to the local government with a statement of specific objections and the reasons for denial of certification, along with suggestions for modifications. On receipt of the denial, the local government must revise and resubmit the ERP for General Land Office review in accordance with §15.3(o) of this title. (3) A local government implementing an ERP pursuant to this section must ensure that the ERP is consistent with other provisions of its dune protection and beach access plan through appropriate amendments and incorporate the ERP into the local government dune protection and beach access plan as a separate appendix that clearly identifies portions of the dune protection and beach access plan that implements the ERP. The ERP must be updated concurrent with each review of the DPL required in §15.3(k) of this title. (4) In order to be fully considered by the General Land Office for an expenditure from the coastal erosion response account (Account) pursuant to Texas Natural Resources Code, §33.605(b)(6)(B), a local government must adopt and submit the ERP or any amendments to the General Land Office for certification no later than December 31 immediately preceding the state fiscal biennium in which funding is sought. Provided, however, for consideration by the General Land Office for an expenditure from the Account in the state fiscal biennium beginning September 1, 2011, a local government must submit a draft ERP to the General Land Office no later than July 1, 2011. |
