| (27) Fill area--A structure, excluding riprap, concrete
stairs, breakwaters, jetties, and groins that permanently and fully
encumbers, and entirely displaces, the water covering the coastal
public land. The construction and maintenance of associated bulkheads
is considered part of the fill area.
(28) Fill formula--Encumbered state land multiplied
by the appraised market value of adjacent littoral property multiplied
by the return on investment.
(29) Homeowners association--An association whose individual
members, by virtue of holding full and exclusive title to the adjacent
littoral property area specifically defined in an easement application,
are entitled, as a group, to the privileges of an easement that may
be granted by the State of Texas for use of coastal public land.
(30) Industrial activity--A use of coastal public land
which involves one or more of the following:
(A) processing, manufacturing, or handling materials
or products predominantly from extracted or raw materials;
(B) storage, manufacturing, or materials handling processes
that involve flammable or explosive materials; or
(C) storage, manufacturing, or materials handling processes
that involve hazardous or commonly recognized offensive conditions.
(31) Island--Any body of land surrounded by the waters
of a salt water lake, bay, inlet, estuary, or inland body of water
within the tidewater limits of this state and shall include man-made
islands resulting from dredging of other operations. An island may
be coastal public land.
(32) Jetties and groins--Structures of rock, concrete,
steel, or other material built perpendicular to the shoreline and
are designed to modify or control sediment movement along a shore.
(33) Littoral owner--The owner or leaseholder of any
public or private upland bordered by or contiguous to coastal public
lands.
(34) Living shorelines--Alternatives to traditional
armoring shoreline stabilization techniques such as bulkheads. Living
shorelines incorporate substantial natural or nature-based features,
potentially combined with hard structural components as approved by
the Texas General Land Office, to provide shoreline protection and
stabilization while maintaining shoreline ecosystem functions.
(35) Maintenance dredging--Re-dredging an authorized
channel to a previously authorized depth. The same limitations and
conditions that applied to the initial dredging will apply to the
maintenance dredging.
(36) Marina--A combination of docks or piers floating
or constructed on pilings, extending onto or over coastal public lands,
which is used for purposes of storing or docking boats, watercraft,
shrimp boats, and similar structures and is available to the public
and charges are made for any of its services, and which do not constitute
wharves, docks, or piers as defined in this section.
(37) Mineral interest holder--Holder of a state mineral
lease who plans to dredge on coastal public land outside the state
leasehold tract to obtain access to the state leasehold tract.
(38) Mitigation sequence--The series of steps which
must be taken to prevent or reduce impacts to sensitive habitat while
planning or evaluating a project.
(39) New dredged area--An excavated area which is not
under current permit with the GLO. The new dredged area rate is charged
for the first year, and the fee for maintaining the dredged area is
charged for each subsequent year of the easement term.
(40) Oversized personal watercraft slip--A personal
watercraft slip that exceeds 120 square feet in overall area.
(41) Person--Any individual, firm, partnership, association,
corporation (public or private, profit or nonprofit), trust, or political
subdivision or agency of the state.
(42) Personal watercraft--A small boat or other craft
for water transportation or recreation typically made for use/occupancy
by no more than two people at one time.
(43) Personal watercraft slip--A small area designed
for the docking and/or storage of personal watercraft; includes boat
slips and boat skids; limited to a maximum of 120 square feet.
(44) Pier and dock--Structures of timber or other material
built onto or over coastal public lands which are used for fishing
and recreational boating purposes.
(45) Private non-profit use--A private activity which
does not contemplate the generation of any revenue.
(46) Public activity--Activity which is performed in
the public interest, as defined by the board, and is not designed
to enhance or accommodate a profit-making venture, nor is it primarily
associated with a revenue generating activity.
(47) Public entity--City, county, state agency, board
or commission, or any other political subdivision of the state.
(48) Residential use, Category I--One single-family
residential dwelling and accessory building(s) on one defined lot
or parcel of land; both land and improvements are typically under
the same ownership.
(49) Residential use, Category II--Multi-family residential
units per defined lot or parcel of land; land and individual units
may be separately owned; includes uses by condominium developments
and homeowners associations acting for and on behalf of owners of
a multi-family residential development, but does not include time-share
developments or any use that includes commercial activities.
(50) Residential use, Category III--One single family
residential dwelling and accessory building(s) on one defined lot
or parcel of land that is being used for (in part or whole) short-term
residential rental--i.e. daily, weekly, monthly, seasonal; both land
and improvements are typically under the same ownership.
(51) Resource Impact Fee--A one-time fee assessed for
proposed projects that impact seagrass, emergent marsh, or oyster
reef, for which there is no separate mitigation requirement.
(52) Return on investment--A number used in the basin,
fill, and industrial activity formulas that reflects a financial return
expectation. The return on investment rate will be set by the Board.
(53) Riprap--Hard substrate material placed seaward
of the shoreline to reduce wave energy.
(54) Seaward--The direction away from the shore and
toward the body of water bounded by such shore.
(55) Sensitive habitat--An area of submerged or emergent
vegetation or reefs.
(56) Sewage--Refuse liquids or waste (including human
waste) matter typically carried off by sewers or stored in septic
tanks.
(57) Shoreline stabilization project--Vegetative cover
or rip-rap consisting of concrete block, concrete rubble, rock, brick,
sack crete or similarly stable material approved by the GLO and utilized
to control shoreline erosion. Projects that consist of only shoreline
stabilization will be treated as a residential use, Category I project.
(58) Structure--As defined in §33.004, Texas Natural
Resources Code.
(59) Submerged lands--As defined in §33.004, Texas
Natural Resources Code.
(60) Submerged land discount--60% discount used in
formulas when the easement is commercial, 70% discount used in formulas
when the easement is industrial.
(61) Waste and/or garbage--Includes discarded food,
refuse, human waste, and unwanted man-made degradable and non-degradable
items such as containers, equipment, and other rubbish.
(62) Watercraft--A boat or other craft for water transport
or recreation. Included, but not limited to, motorboat, personal watercraft,
and sailboat.
(63) Watercraft storage facility--A boathouse, boatlift,
boat ramp, boat-skid, boat slip or personal watercraft slip to accommodate
long term or temporary watercraft use.
(64) Wharf--A structure of timber, cement, masonry,
earth, or other material built onto or over coastal public lands,
so that vessels can receive and discharge cargo, products, goods,
any paying passengers, etc. This definition applies only to structures
or portions thereof which are directly connected with and used for
the loading and unloading of water borne commerce but specifically
excludes such structures used only for commercial fishing purposes.
(e) Consistency with Coastal Management Program. Except
as otherwise provided in §16.1(c) of this title (relating to
Definitions and Scope), an action listed in §16.1(b) of this
title (relating to Definitions and Scope) taken or authorized by the
GLO or SLB pursuant to this chapter that may adversely affect a coastal
natural resource area, as defined in §16.1 of this title (relating
to Definitions and Scope), is subject to and must be consistent with
the goals and policies identified in Chapter 16 of this title (relating
to Coastal Protection) in addition to any goals, policies, and procedures
applicable under this chapter. If the provisions of this chapter conflict
with and can not be harmonized with certain provisions of Chapter
16 of this title, such conflicting provisions of Chapter 16 of this
title (relating to Coastal Protection) will control.
(f) An applicant desiring a lease, easement, or permit
in coastal public land must submit an application to the GLO on forms
approved by the GLO not less than 90 days prior to the desired approval
date. Applicants should present reasons why the lease, easement, or
permit should be granted. The GLO may request any additional information
it deems necessary.
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| Source Note: The provisions of this §155.1 adopted to be effective January 1, 1976; amended to be effective May 11, 1987, 12 TexReg 1418; amended to be effective October 12, 1988, 13 TexReg 4855; amended to be effective December 1, 1995, 20 TexReg 9574; amended to be effective December 18, 1995, 20 TexReg 10282; amended to be effective August 1, 2001, 26 TexReg 5664; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective September 21, 2020, 45 TexReg 6595; amended to be effective September 16, 2021, 46 TexReg 5900 |
