| (52) Off-highway vehicle--Has the meaning assigned
by §551A.001, Transportation Code.
(53) Open Beaches Act--Texas Natural Resources Code, §§61.001,
et seq.
(54) Owner or operator--Any person owning, operating,
or responsible for operating commercial or industrial facilities.
(55) Permit or certificate condition--A requirement
or restriction in a permit or certificate necessary to assure protection
of life, natural resources, property, and adequate beach use and access
rights which a permittee must satisfy in order to be in compliance
with the permit or certificate.
(56) Permittee--Any person authorized to act under
a permit or a certificate issued by a local government.
(57) Person--An individual, firm, corporation, association,
partnership, consortium, joint venture, commercial entity, United
States Government, state, municipality, commission, political subdivision,
or any international or interstate body or any other governmental
entity.
(58) Pipeline--A tube or system of tubes used for the
transportation of oil, gas, chemicals, fuels, water, sewerage, or
other liquid, semi-liquid, or gaseous substances.
(59) Practicable--In determining what is practicable,
local governments shall consider the effectiveness, scientific feasibility,
and commercial availability of the technology or technique. Local
governments shall also consider the cost of the technology or technique.
(60) Production and gathering facilities--The equipment
used to recover and move oil or gas from a well to a main pipeline,
or other point of delivery such as a tank battery, and to place such
oil or gas into marketable condition. Included are pipelines used
as gathering lines, pumps, tanks, separators, compressors, and associated
equipment and roads.
(61) Project area--The portion of a site or sites which
will be affected by proposed construction.
(62) Public beach--As used in this subchapter, "public
beach" is defined in the Texas Natural Resources Code, §61.013(c).
(63) Recreational activity--Includes, but is not limited
to, hiking, sunbathing, and camping. As used in §15.3(s)(2)(C)
of this title (relating to Administration), recreational activities
are limited to the private activities of the person owning the land
and the social guests of the owner. Operation of recreational vehicles
is not considered a recreational activity, whether private or public.
(64) Recreational vehicle--A dune buggy, marsh buggy,
minibike, trail bike, jeep, off-highway vehicle as defined by §551A.001,
Transportation Code, or any other mechanized vehicle used for recreational
purposes, but does not include a vehicle that is not being used for
recreational purposes.
(65) Restoration--Repair or replacement of dunes or
dune vegetation, or restoring a site to compliance with applicable
requirements, including removal or abatement of unauthorized construction
or structures, as those terms defined in this section.
(66) Retaining wall--A structure designed to contain
or which primarily contains material or prevents the sliding of land.
Retaining walls may collapse under the forces of normal wave activity.
(67) Sand budget--The amount of all sources of sediment,
sediment traps, and transport of sediment within a defined area. From
the sand budget, it is possible to determine whether sediment gains
and losses are in balance.
(68) Seawall--An erosion response structure specifically
designed to or which will withstand wave forces.
(69) Seaward of a dune protection line--The area between
a dune protection line and the line of mean high tide.
(70) Small-scale construction--Construction activity
less than or equal to 5,000 square feet or habitable structures less
than or equal to two stories in height. Both the area beneath the
lowest habitable level of an elevated structure and a cupola (i.e.
"widow's walk") with an area of 400 square feet or less on the top
of the second habitable story are not considered stories for the purpose
of this section. Single-family habitable structures are typical of
this type of construction.
(71) Structure--Includes, without limitation, any building
or combination of related components constructed in an ordered scheme
that constitutes a work or improvement constructed on or affixed to
land.
(72) Swales--Low areas within a dune complex located
in some portions of the Texas coast which function as natural rainwater
collection areas and are an integral part of the dune complex.
(73) Unique flora and fauna--Endangered or threatened
plant or animal species listed pursuant to 16 United States Code Annotated, §1531
et seq., the Endangered Species Act of 1973, and/or the Parks and
Wildlife Code, Chapter 68, or any plant or animal species that a local
government has determined in their local beach/dune plan are rare
or uncommon.
(74) Washover areas--Low areas that are adjacent to
beaches and are inundated by waves and storm tides from the Gulf of
Mexico. Washovers may be found in abandoned tidal channels or where
foredunes are poorly developed or breached by storm tides and wind
erosion.
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| Source Note: The provisions of this §15.2 adopted to be effective February 17, 1993, 18 TexReg 661; amended to be effective April 16, 1996, 21 TexReg 3004; amended to be effective October 10, 2005, 30 TexReg 6447; amended to be effective January 31, 2010, 35 TexReg 489; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343 |
