| 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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| Source Note: The provisions of this §15.13 adopted to be effective April 9, 2009, 34 TexReg 2239; amended to be effective June 12, 2014, 39 TexReg 4482; amended to be effective May 8, 2023, 48 TexReg 2343 |
