| (5) Master plan. Local governments may adopt separate
ordinances or county commissioners court orders authorizing master
plans located within the geographic scope of this subchapter. These
ordinances and orders shall be consistent with and address the dune
protection and beach access requirements of this subchapter, the Dune
Protection Act and Open Beaches Act. The ordinances and orders shall
be submitted to the General Land Office for review and approval to
ensure consistency with this subchapter. When considering approval
of a master planned development or construction plans and setting
conditions for operations under such plans, local governments shall
consider:
(A) the plan's potential effects on dunes, dune vegetation,
public beach use and access, and the applicant's proposal to mitigate
for such effects throughout the construction;
(B) the contents of the master planned development;
and
(C) whether any component of the master plan, such
as installation of roads or utilities, or construction of structures
in critical dune areas or seaward of a dune protection line, will
subsequently require a dune protection permit or a beachfront construction
certificate. If a dune protection permit or beachfront construction
certificate will be necessary, the local government shall require
the developer to apply for the permit and/or certificate as part of
the master plan approval process. This requirement only applies if
the local government is authorizing activities impacting critical
dune areas and public beach use and access under its dune protection
and beach access plan.
(6) General Land Office comments.
(A) A person proposing to conduct an activity for which
a permit or certificate is required shall submit a complete application
to the appropriate local government. The local government shall forward
the complete application, notice of public hearing, and any associated
material to the General Land Office. The application, hearing notice,
any documents associated with the application, and information as
to when the decision will be made must be received by the General
Land Office no later than ten working days for small scale construction
and 30 working days for large scale construction before the date of
the local government's public hearing on the application or when the
local government is first scheduled to act on the permit or certificate.
A local government may act on such applications following the public
hearing or a decision by the commissioner's court or municipal governing
body if the General Land Office received the application within the
proper time frame and the state provides comments or does not submit
comments on the application to the local government.
(B) The General Land Office may submit comments on
the proposed activity to the local government. The review period for
comments of ten working days for small scale construction and 30 working
days for large scale construction is initiated only after the receipt
by the General Land Office of all information required by this section.
(7) Local government review. When determining whether
to approve a proposed activity, a local government shall review and
consider:
(A) the permit or certificate application;
(B) the proposed activity's consistency with this subchapter
and the local government's dune protection and beach access plan,
including the dune protection and beachfront construction standards
contained in both;
(C) any other law relevant to dune protection and public
beach use and access which affects the activity under review;
(D) the comments of the General Land Office; and
(E) any other information the local government may
consider useful to determine consistency with the local government's
dune protection and beach access plan, including resource information
made available to them by federal and state natural resource entities
and landowners immediately adjacent to the tract. A local government
shall not issue a dune protection permit or beachfront construction
certificate that is inconsistent with its plan, this subchapter, and
other state, local, and federal laws related to the requirements of
the Dune Protection Act and Open Beaches Act.
(t) Term and renewal of permits and certificates.
(1) A local government's dune protection permits or
beachfront construction certificates shall be valid for no more than
three years from the date of issuance. A local government may renew
a dune protection permit or beachfront construction certificate allowing
proposed construction to continue if the activity as proposed in the
application for renewal meets the applicable state and local standards
and the permittee supplements the information provided in the original
permit or certificate application materials with additional information
indicating any changes to the original information provided by the
permittee. For the purpose of maintaining administrative records for
permits, certificates, and renewals, if any, local governments are
required to keep all original application materials submitted by any
applicant for three years, as provided in subsection (u) of this section.
Each renewal of a permit and certificate allowing construction shall
be valid for no more than 90 days. A local government shall issue
only two renewals for each permit or certificate. After the local
government issues two renewals, the permittee must apply for a new
permit or certificate. In addition, local governments shall require
a permittee to apply for a new permit or a certificate if the proposed
construction is changed in any manner which causes or increases adverse
effects on dunes, dune vegetation, and public beach use and access
within the geographic scope of this subchapter.
(2) Local governments that choose to authorize master
plans may adopt a different term limit for permits and certificates
only if the master plans are authorized under a separate, state-approved
ordinance or county commissioner's court order. Each master plan will
be deemed to be a new local ordinance or county commissioners court
order subject to state approval regarding effects on dunes, dune vegetation,
and public beach use and access.
(3) Any dune protection permit or beachfront construction
certificate allowing beachfront construction issued by a local government
pursuant to its dune protection and beach access plan shall be voidable
under the following circumstances.
(A) The permit or certificate is inconsistent with
this subchapter or the local government's plan at the time the permit
or certificate was issued.
(B) A material change occurs after the permit or certificate
is issued.
(C) A permittee fails to disclose any material fact
in the application.
(4) A local government shall require that a permittee
apply for a new permit or certificate in the event of any material
changes. A local government shall require that an applicant modify
an application disclosing all information relevant to the material
changes, if such changes occur before the local government issues
the permit or certificate.
(5) A permit or certificate automatically terminates
in the event the certified construction comes to lie within the boundaries
of the public beach by artificial means or by action of storm, wind,
water, or other naturally influenced causes. Nothing in the certificate
shall be construed to authorize the construction, repair, or maintenance
of any construction within the boundaries of the public beach at any
time.
(u) Administrative record.
(1) Local governments shall compile and maintain an
administrative record which demonstrates the basis for each final
decision made regarding the issuance of a dune protection permit or
beachfront construction certificate. The administrative record shall
include copies of the following:
(A) all materials the local government received from
the applicant as part of or regarding the permit or certificate application;
(B) the transcripts, if any, or the minutes and/or
tape of the local government's meeting during which a final decision
regarding the permit or certificate was made; and
(C) all comments received by the local government regarding
the permit or certificate.
(2) Local governments shall keep the administrative
record for a minimum of three years from the date of a final decision
on a permit or certificate. Local governments shall send to the General
Land Office upon request a copy of those portions of the administrative
record that were not originally sent to the General Land Office for
permit or certificate application review and comment. The record must
be received by the General Land Office no later than ten working days
after the local government receives the request. The General Land
Office shall notify the appropriate permittee of the request for a
copy of the administrative record from the local government. Upon
request of the permittee, a local government shall provide to the
permittee copies of any materials in the administrative record regarding
the permit or certificate which were not submitted to the local government
by the permittee (i.e., the permit application) or given to the permittee
by the local government (i.e., the permit).
|
| Source Note: The provisions of this §15.3 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective September 25, 1997, 22 TexReg 9476; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective February 23, 2015, 40 TexReg 819 |
