| (k) Shoreline protection project repairs. Except for
the general prohibition on maintaining or repairing erosion response
structures in §15.6(d) of this title, a local government may
authorize repairs to an existing shoreline protection project, subject
to the following limitations:
(1) Repairs to existing shoreline protection projects
may be permitted to minimize further damage to coastal residences
and littoral property, provided the existing shoreline protection
project does not substantially restrict or interfere with the public
use and access of the beach at normal high tide;
(2) A local government shall not authorize any person
to repair a shoreline protection project that is located below the
boundary of coastal public land; and
(3) The existing shoreline protection project must
conform to the policies of the General Land Office promulgated in §26.26(b)
of this title (relating to Policies for Construction in the Beach/Dune
System).
(l) Prohibition on certain materials. A local government
shall not allow any person to undertake dune restoration projects
or temporary shoreline protection projects using any of the following
methods or materials:
(1) Materials such as bulkheads, riprap, concrete (including
sprayed concrete), or asphalt rubble, building construction materials,
and any non-biodegradable items;
(2) Sediments containing the hazardous substances listed
in Appendix A to §302.4 in Volume 40 of the Code of Federal Regulations,
Part 302 in concentrations which are harmful to people, flora, and
fauna as determined by applicable, relevant, and appropriate requirements
for toxicity standards established by the local, state, and federal
governments; or
(3) Sand obtained by scraping or grading dunes, or
from beaches in eroding areas.
(m) Repair of sewage or septic systems. If the Texas
Commission on Environmental Quality or its designated local authority,
the Texas Department of State Health Services, or a local health department
has made a determination that a sewage or septic system located on
or adjacent to the public beach poses a threat to the health of the
occupants of the property or public health, safety, or welfare, and
requires removal of the sewage or septic system, the sewage or septic
system shall be located in accordance with §15.5(b)(1) of this
title (relating to Beachfront Construction Standards) and §15.6(b)
and (e)(1) of this title.
(n) Authorized beach maintenance practices. If a material
change in conditions occurs, such as significant beach erosion caused
by a declared or natural disaster, the commissioner may require a
local government affected by an order issued under this section to
suspend the authority of a permittee to scrape a beach under a previously
issued beach maintenance permit. The local government may require
a permittee to obtain a new permit incorporating beach maintenance
practices consistent with the changed conditions. The commissioner
shall be given an opportunity to comment on any such new permit application.
(o) Removal of beach debris. The GLO is responsible
for clearing debris from the public beach in accordance with Texas
Natural Resources Code, §61.067. While an order issued under
this section is in effect, a local government with the duty to clean
and maintain the public beach shall coordinate with the GLO and, where
appropriate, littoral property owners to remove beach debris from
the public beach as soon as possible. All beach debris collected from
the public beach shall be removed from the beach/dune system and disposed
of in an appropriate landfill.
(p) GLO review. A local government shall submit the
certificate or permit applications for recovery repair, recovery dune
restoration, or any other activity authorized under this section to
the commissioner for review. If the commissioner does not object to
or otherwise comment on the application within 10 working days of
receipt of an application, the local government may act on the application.
Local governments shall require that all permit and certificate applicants
fully disclose in the application all items and information necessary
for the local government to make a determination regarding a permit
or certificate for repairs. Local governments may require more information,
but the following information shall be submitted to the GLO:
(1) the name, address, phone number, and, if applicable,
electronic mail address of the applicant, and the name of the property
owner, if different from the applicant;
(2) a complete legal description of the tract and a
statement of its size in acres or square feet including the location
of the property lines and a notation of the legal description of adjoining
tracts;
(3) the floor plan, footprint or elevation view of
the house identifying the proposed repairs;
(4) color photographs of the site which clearly show
the current conditions of the site; and
(5) an accurate map, site plan, plat, or survey of
the site identifying:
(A) the site by its legal description, including, where
applicable, the subdivision, block, and lot;
(B) the location of the property lines and a notation
of the legal description of adjoining tracts, and the location of
any roadways, driveways and landscaping that currently exist on the
tract;
(C) the location of any seawalls or any other erosion
response structures on the tract and on the properties immediately
adjacent to the tract;
(D) the location of the house and the distance between
the house and mean high tide, mean low tide, and the line of vegetation;
(E) if known, the location and extent of any man-made
vegetated mounds, restored dunes, fill activities, or any other pre-existing
human modifications on the tract; and
(F) if the proposed action includes a recovery dune
restoration project, grading and layout plan identifying existing
contours of the project area (including the location of dunes and
swales), and proposed contours for final grade.
(6) the source of any sand and vegetation used for
a recovery dune restoration project; and;
(7) any other information requested by the local government
or the GLO that is necessary to determine whether the application
is consistent with this section.
(q) Monitoring. A local government is responsible for
monitoring a recovery stabilization, recovery repair, recovery dune
restoration project, or shoreline protection project repair under
this section. A local government may conduct a monitoring program
to study the effects of such projects on the public's access to and
use of the public beach. Expenses related to the monitoring program
are considered beach-related services for the purpose of this subchapter.
(r) Effect on actions for removal. This section does
not create a property right of any kind in the littoral property owner.
Houses eligible for repairs to maintain habitability under this section
may also be encroachments on and interferences with the public beach
easement. Except as provided in an unexpired temporary order issued
by the commissioner under §61.0185 of the Texas Natural Resources
Code, the commissioner, the attorney general, a county attorney, district
attorney, or criminal district attorney may file suit under Texas
Natural Resources Code §61.018(a) to obtain a temporary or permanent
injunction, either prohibitory or mandatory, to remove a house from
the public beach without regard to whether the house is eligible for
repairs under this section.
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