| (i) State assistance in the establishment of local
government dune protection lines. The General Land Office may assist
and advise local governments in establishing or modifying a dune protection
line. Pursuant to the Dune Protection Act, §63.013, local governments
shall notify the General Land Office of the establishment of dune
protection lines and any subsequent change in a line. Upon such notification,
the General Land Office shall review the location of the line by examining
the map or description of the line submitted to the state and by conducting
field inspections, as necessary. The General Land Office will review
the location of the line to determine whether the line meets the geographic
standard of being located landward of all critical dune areas. If
the General Land Office is satisfied that the line meets that geographic
standard, the General Land Office will notify the local government
of this finding in writing. If the line does not meet that geographic
standard, the General Land Office will assist and advise the local
government in adjusting the line.
(j) State review of dune protection line location.
Each local government shall submit the information regarding the location
of the dune protection line, as required in subsection (h) of this
section, to the General Land Office as part of its dune protection
and beach access plan. In determining whether to approve the local
plan, the General Land Office will review the various components of
the plan, including the adequacy of the location of a local government's
dune protection line (with respect to the protection of critical dune
areas), based on the geographic standards provided in subsection (i)
of this section.
(k) Local government review of dune protection line
location. Each local government shall review its dune protection line
every five years to determine whether the line is adequately located
to achieve the purpose of preserving critical dune areas. In addition
to the five-year review, each local government shall review the adequacy
of the location of the line within 90 days after a tropical storm
or hurricane affects the portion of the coast in its jurisdiction.
(l) Provisions for public hearings on dune protection
lines. Local governments shall provide notice of a public hearing
to consider establishing or modifying a dune protection line by publishing
such notice at least three times in the newspaper with the largest
circulation in the county. The notice shall be published not less
than one week nor more than three weeks before the date of the hearing.
Notice shall be given to the General Land Office not less than one
week nor more than three weeks before the hearing. In the notice to
the General Land Office, local governments shall also include the
information described in subsection (h) of this section.
(m) Local government authority. Local governments shall
include in the plans submitted to the General Land Office citations
of all statutes, policies, and ordinances which demonstrate the authority
of the local government to implement and enforce the plan in a manner
consistent with the requirements of this subchapter. Local government
plans shall also demonstrate the coordination, on the local level,
of the dune protection, beach access, erosion response, and flood
protection programs (if participating in the National Flood Insurance
Program under the National Flood Insurance Act). Each local government
shall integrate these programs into one plan for the management of
the beach/dune system within its jurisdiction.
(n) Content of local government dune protection and
beach access plans. Local government plans shall contain procedural
mechanisms and substantive requirements necessary for compliance with
this subchapter, the Dune Protection Act, the Open Beaches Act and
Texas Natural Resources Code §33.607. Local governments shall
attach copies of this subchapter, the Dune Protection Act, and the
Open Beaches Act to their plans, and their plans shall state that
these state laws are incorporated into the plans. A local government
shall also state in its plan that any person in violation of the incorporated
state laws is in violation of its local plan.
(o) Consultation on and submission of local government
plans to the General Land Office. Local governments shall submit dune
protection plans, beach access plans, erosion response plans under
Texas Natural Resources Code Chapter 33, and 31 TAC §15.17, and
any amendments to those plans to the General Land Office for review,
comment, and certification as to compliance with this subchapter,
the Dune Protection Act, and the Open Beaches Act.
(1) A local government's governing body must formally
approve the plan or amendments to the plan prior to submission to
the General Land Office for certification. Prior to formally approving
its plan, a local government may consult with or request legal and
technical advice from the General Land Office on meeting the requirements
for state agency approval. The General Land Office will provide written
guidance on the form and content of the plan or amendment prior to
formal approval upon request by a local government.
(2) Review of plan and amendments. The General Land
Office shall either grant or deny certification of a local government's
formally approved dune protection and beach access plan or any amendments
within 90 days of receipt of the plan.
(A) Depending upon the degree or complexity of modifications
contained in the plan amendment, the local government may request
a review period shorter than 90 days based on the following guidelines:
(i) An expedited review period of 30 days may be requested
for review of a plan amendment that is administrative in nature and
does not contain variances nor substantially alter beach access or
dune protection.
(ii) A standard review period of 60 days may be requested
for review of a plan amendment that does not contain any changes to
beach user fees, beach access points, changes to vehicular access,
nor substantially alter beach access or dune protection.
(iii) The local government shall provide a reasoned
justification with any request for a review period of less than 90
days. It must include a detailed description of the proposed changes
that will result from the amendment.
(iv) The General Land Office will make a determination
on the eligibility of an amendment for a shortened review period and
notify the local government of the determination within 10 working
days (to run concurrently with the applicable review period) from
the date the request and complete package of information regarding
the proposed amendment is received. Review of plan amendments that
do not qualify for a shortened review period will be completed by
the General Land Office within the allowed 90 day period.
(B) In the event of denial, the General Land Office
shall send the plan back to the local government with a statement
of specific objections and the reasons for denial of certification,
along with suggested modifications. On receipt, the local government
shall revise and resubmit the plan for review.
(3) The General Land Office's certification of local
government plans shall be by adoption into the rules authorized under
the Texas Natural Resources Code, §61.011. The rules adopted
by the General Land Office to certify plans will consist of state
approval of the plans, but the text of plans will not be adopted by
the General Land Office.
(4) A local government may adopt a new or amend their
dune protection and beach access plan by submitting the plans or proposed
changes to the General Land Office for review, comment, and certification.
A request for approval of a plan or any amendments to a plan must
include the governing body's formal approval, a description of all
major proposed changes, and a version of the plan identifying all
proposed changes.
(5) A local government may request General Land Office
certification of a plan or a plan amendment that includes a variance
regarding any requirement or prohibition of this chapter; however,
the local government must include in writing a reasoned justification
and clearly demonstrate to the General Land Office and public how
the variance is equal to or more protective of the goals and policies
contained in §15.1 of this title (relating to Policy).
(p) Submission deadline for dune protection and beach
access plans. Local governments shall submit dune protection and beach
access plans to the General Land Office no later than 180 days from
the effective date of this subchapter. If the General Land Office
does not approve a plan, the local government shall submit revisions
of the plan until the plan is approved. However, any local government
that submits a revised plan that has not been modified to address
the state comments regarding the statutory requirements and the minimum
standards identified in this subchapter is presumed to be in violation
of this subchapter, the Open Beaches Act, and the Dune Protection
Act. Local governments that fail to submit plans within 180 days of
the effective date of this subchapter will be liable for penalties
as provided in §15.9 of this title (relating to Enforcement,
Penalties and Remedial Orders). Further, local governments that fail
to submit plans by that deadline will not be authorized to permit
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