| (31) Effect or effects--"Effects" include: direct effects--those
impacts on public beach use and access, on critical dune areas, or
on dunes and dune vegetation seaward of a dune protection line which
are caused by an action and occur at the same time and place; and
indirect effects--those impacts on beach use and access, on critical
dune areas, or on dunes and dune vegetation seaward of a dune protection
line which are caused by an action and are later in time or farther
removed in distance than a direct effect, but are still reasonably
foreseeable. Indirect effects may include growth inducing effects
and other effects related to induced changes in the pattern of land
use, population density, or growth rate, and related effects on air
and water and other natural systems, including ecosystems. "Effects"
and "impacts" as used in this subchapter are synonymous. "Effects"
may be ecological (such as the effects on natural resources and on
the components, structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social, or health, whether
direct, indirect, or cumulative.
(32) Eroding area--A portion of the shoreline which
is experiencing an historical erosion rate of greater than two feet
per year based on published data of the University of Texas at Austin,
Bureau of Economic Geology. Local governments may establish an "eroding
area boundary" in beach/dune plans; this boundary shall be whichever
distance landward of the line of vegetation is greater: 200 feet,
or the distance determined by multiplying 50 years by the annual historical
erosion rate (based on the most recent data published by the University
of Texas at Austin, Bureau of Economic Geology).
(33) Erosion--The wearing away of land or the removal
of beach and/or dune sediments by wave action, tidal currents, wave
currents, drainage, or wind. Erosion includes, but is not limited
to, horizontal recession and scour and can be induced or aggravated
by human activities.
(34) Erosion response structure--A hard or rigid structure
built for shoreline stabilization which includes, but is not limited
to, a jetty, groin, breakwater, bulkhead, seawall, riprap, rubble
mound, revetment, or the foundation of a structure which is the functional
equivalent of these specified structures.
(35) FEMA--The United States Federal Emergency Management
Agency. This agency administers the National Flood Insurance Program
and publishes the official flood insurance rate maps.
(36) Fibercrete--Unreinforced concrete, consisting
of a combination of pulped paper, or other cellulose-based raw material,
and binders such as lime, cement, and/or clay.
(37) Foredune ridge--The high continuous line of dunes
which are usually well vegetated and rise sharply landward of the
foredune area but may also rise directly from a flat, wave-cut beach
immediately after a storm.
(38) Foredunes--The first clearly distinguishable,
usually vegetated, stabilized large dunes encountered landward of
the Gulf of Mexico. On some portions of the Texas Gulf Coast, foredunes
may also be large, unvegetated, and unstabilized. Although they may
be large and continuous, foredunes are typically hummocky and discontinuous
and may be interrupted by breaches and washover areas. Foredunes offer
the first significant means of dissipating storm-generated wave and
current energy issuing from the Gulf of Mexico. Because various heights
and configurations of dunes may perform this function, no standardized
physical description applies. Foredunes are distinguishable from surrounding
dune types by their relative location and physical appearance.
(39) Habitable structure footprint--The area of a lot
covered by a structure used or usable for habitation. The habitable
structure footprint does not include uncovered stairs and decks, incidental
projecting eaves, balconies, ground-level paving, landscaping, open
recreational facilities (for example, pools and tennis courts), or
other similar features.
(40) Habitable structures--Structures suitable for
human habitation including, but not limited to, single or multi-family
residences, hotels, condominium buildings, and commercial facilities.
Each building of a condominium regime is considered a separate habitable
structure, but if a building is divided into apartments, then the
entire building, not the individual apartments, is considered a single
habitable structure. Additionally, a habitable structure includes
porches or gazebos, and other attached improvements.
(41) Industrial facilities--Include, but are not limited
to, those establishments listed in Part 1, Division D, Major Groups
20 - 39 and Part 1, Division E, Major Group 49 of the Standard Industrial
Classification Manual as adopted by the Executive Office of the President,
Office of Management and Budget (1987 ed.). However, for the purposes
of this subchapter, the establishments listed in Part 1, Division
D, Major Group 20, Industry Group Number 209, Industry Numbers 2091
and 2092 are not considered "industrial facilities." These establishments
are listed in "Appendix I" attached to this section.
(42) Large-scale construction--Construction activity
greater than 5,000 square feet or habitable structures greater than
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.
Multiple-family habitable structures are typical of this type of construction.
(43) Line of vegetation--The extreme seaward boundary
of natural vegetation which spreads continuously inland. The line
of vegetation is typically used to determine the landward extent of
the public beach.
(44) Local government--A municipality, county, any
special purpose district, any unit of government, or any other political
subdivision of the state.
(45) Man-made vegetated mound--A mound, hill, or ridge
of sand created by the deliberate placement of sand or sand trapping
devices including sand fences, trees, or brush and planted with dune
vegetation.
(46) Master plan--A plan developed by the applicant
in consultation with the General Land Office, the applicant or applicants,
and the local government, for the development of an area subject to
the beach/dune rules, as identified in §15.3 of this title (relating
to Administration). The master plan shall fully describe in narrative
form the proposed development and all proposed land and water uses,
and shall include maps, drawings, and tables, and other information,
as needed. The master plan must, at a minimum, fully describe the
general geology and geography of the site, land and water use intensities,
size and location of all buildings, structures, and improvements,
all vehicular and pedestrian access ways, and parking or storage facilities,
location and design of utility systems, location and design of any
erosion response structures, retaining walls, or stormwater treatment
management systems, and the schedule for all construction activities
described in the master plan. The master plan shall comply with the
Open Beaches Act and the Dune Protection Act. The master plan shall
provide for overall compliance with the beach/dune rules, but may
vary from the specific standards, means and methods provided in the
beach/dune rules if the degree of dune protection and the public's
right to safe and healthy use of and access to and from the public
beach are preserved. If all impacts to dunes, dune vegetation and
public beach use and access are accurately identified, local governments
shall not require permits or certificates for construction on the
individual lots within the master plan area. Master plans are intended
to provide a comprehensive option for planning along the Texas coast.
(47) Material changes--Changes in project design, construction
materials, or construction methods or in the condition of the construction
site which occur after an application is submitted to a local government
or after the local government issues a permit or certificate. Material
changes are those additional or unanticipated changes which may have
caused or may cause adverse effects on dunes, dune vegetation, or
beach access and use, or exacerbation of erosion on or adjacent to
the construction site.
(48) Meteorological Event--Atmospheric conditions or
phenomena resulting in avulsion, erosion, accretion, or other impacts
to the shoreline that alter the location of the line of vegetation.
(49) Mitigation sequence--The series of steps which
must be taken if dunes and dune vegetation will be adversely affected.
First, such adverse effects shall be avoided. Second, adverse effects
shall be minimized. Third, the dunes and dune vegetation adversely
affected shall be repaired, restored, or replaced. Fourth, the dunes
and dune vegetation adversely affected shall be replaced or substituted
to compensate for the adverse effects.
(50) National Flood Insurance Act--42 United States
Code, §§4001, et seq.
(51) Natural resources--Land, fish, wildlife, insects,
biota, air, surface water, groundwater, plants, trees, habitat of
flora and fauna, and other such resources.
Cont'd... |
