| (iv) even if a jetty or groin causes significant unnatural
accumulation but the removal of the jetty or groin will cause severe
adverse impacts to sensitive natural resources, provided the boundary
between state-owned submerged land and the adjacent littoral property
is established by a Licensed State Land Surveyor. Non-compliance with
any of the conditions in this subparagraph will be sufficient cause
for denial or termination of authorization and for removal of a non-conforming
structure.
(D) In addition to minimizing adverse physical effects,
the owner of a jetty, groin, or breakwater must ensure that the structure
does not unduly interfere with public use of submerged land or the
shoreline.
(8) Shoreline stabilization projects.
(A) Living Shorelines and vegetative cover are the
preferred method of shoreline stabilization and shall be used where
practical. Impacts to sensitive habitat will be avoided whenever possible
and minimized and mitigated when unavoidable.
(B) Riprap is an acceptable method of shoreline stabilization
if composed of interlocking brick, rock large enough not to be displaced
by storms, or concrete rubble which is free of protruding rebar. Where
possible, sloping riprap should be used rather than a vertical seawall
or bulkhead. Riprap material may extend seaward from the shoreline
only as far as required to protect the shoreline.
(C) The use of tires, automobile bodies or parts, appliances,
trash and other unconsolidated material is not acceptable and shall
not be approved.
(D) Except in special circumstances, a bulkhead or
seawall should be located no further seaward than the mean of the
high water line, and, to the extent practicable, designed so that
reflected wave energy does not destroy stable marine bottom or constitute
a safety hazard.
(E) An application for the construction of a bulkhead
on a significant coastal public marsh or grassflat, where such will
lead to the destruction of this resource, will normally be denied.
To avoid this, extreme care should be taken as to the location and
type of construction planned for bulkheads in a wetland area.
(9) Marinas.
(A) Marinas should be located in areas where the least
dredging and maintenance will be required. Plans for a marina should
minimize the disruption of currents and the need for excavation of
the shore area. Dead end or deep canals without adequate flushing
should be avoided.
(B) Each marina shall provide adequate facilities to
its users for the reception of waste and/or garbage. Failure to insure
that the users of a marina have access to facilities necessary for
the proper and lawful disposal of waste and/or garbage on an ongoing
basis may subject the easement to termination and the easement holder
to any applicable civil and criminal penalties.
(10) Placement of fill.
(A) Placement of fill proposed in marshes and submerged
grass bed areas normally will be denied. Consideration will be given
to a fill proposal for a water dependent use or public use on relatively
unproductive coastal public lands.
(B) A shoreline fill should be designed and located
so that significant damage to existing ecological values or natural
resources, or alternation of natural currents will not occur.
(C) The perimeter of fills should be provided with
vegetation, retaining walls, riprap, or other mechanisms for erosion
prevention.
(D) Fill material should be of such quality that it
will not cause water quality degradation. Submerged land should not
be considered for a sanitary landfill or the disposal of solid waste.
(g) Mitigation sequence. An applicant is responsible
for identifying practicable alternatives or available sites for a
proposed project with the fewest adverse impacts. For projects requiring
mitigation for unavoidable adverse impacts to natural resources, review
shall be based on the following sequence:
(1) Avoidance. Projects must be designed to avoid critical
area impacts to the extent practicable. Critical areas include, but
are not limited to, a coastal wetland, an oyster reef, a hard substrate
reef, submerged vegetation, or tidal sand or mud flat.
(2) Minimization. Unavoidable impacts shall be minimized
to the extent practicable through the use of structural or non-structural
modifications.
(3) Mitigation and Compensation. Unavoidable impacts
or damages to coastal public land will require mitigation and/or a
resource impact fee as set forth in §155.15(b)(6) of this title.
Mitigation for impacts to coastal public land must occur on coastal
public land.
(h) Consideration of application by mineral interest
holder. The board will review and consider an application for a channel
easement to a mineral interest holder on coastal public lands to insure
conformity with the policies, practices, and procedures in these rules
and regulations. Environmental recommendations for certain development
and production activities will be provided to the mineral interest
holder on bay tracts and certain other tracts in the notice of bids
booklet published by the GLO. Updates of these recommendations will
be furnished on request. Development activities conforming with these
environmental recommendations normally will receive favorable consideration
by the GLO.
(i) Approval criteria. An easement, if granted by the
board, will be approved subject to these rules in addition to such
terms and conditions as may be prescribed in the contractual agreement.
The board may waive a rule at its discretion. All structures on coastal
public lands will be subject to inspection at any time by the board
or their authorized representatives. Any easement contract will be
for a specific purpose. If a change in the contractual agreement is
desired, an amendment application must be filed. An applicant, by
accepting an easement to occupy or otherwise place a structure on
coastal public lands or water surface areas, agrees and consents to
comply with the conditions of the contract.
|
| Source Note: The provisions of this §155.3 adopted to be effective January 1, 1976; amended to be effective June 17, 1983, 8 TexReg 1858; amended to be effective August 29, 1984, 9 TexReg 4455; amended to be effective October 12, 1988, 13 TexReg 4855; amended to be effective December 1, 1995, 20 TexReg 9574; 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 16, 2021, 46 TexReg 5900 |
