| (1) A local government may issue a certificate or permit
for persons to construct clay core dunes and dunes created solely
with beach quality sand landward of the public beach and seaward of
the boundary of the public beach in the restoration area. A local
government shall ensure that the restoration area shall follow the
natural meander or migration of the post-storm boundary of the public
beach. A local government may issue permits and certification to allow
the restoration of dunes on the public beach only under the following
conditions:
(A) Restored dunes may be located farther seaward than
the restoration area only to the limited extent necessary to minimize
further damage to coastal residents and littoral property, provided
such dunes shall not substantially restrict or interfere with the
public use of the beach at normal high tide.
(B) A local government shall not allow any person to
restore dunes, even within the restoration area, if such dunes would
effectively prohibit access to or use of the public beach at normal
high tide.
(2) Under no circumstances may sand or other materials
be placed below mean high tide without the consent of the commissioner.
(h) Authorized methods and materials for recovery dune
restoration. A local government may allow the following methods or
materials for recovery dune restoration:
(1) Dune restoration methods or materials allowed in §15.7(e)(6)
of this title (relating to Local Government Management of the Public
Beach);
(2) Clay core dunes; provided, that clay or sandy clay
used for this purpose must be covered with beach-quality sand, to
a depth of at least 24 inches, and such sand cover must be maintained;
provided, if clay is exposed, it must be recovered with sand to maintain
the minimum 24-inch cover or removed; and
(3) Recovery dunes constructed under this section must
not:
(A) result in increased flooding to the site or adjacent
property;
(B) aggravate erosion;
(C) result in adverse effects to dune hydrology;
(D) increase the vulnerability to washouts or blowouts;
or
(E) interfere with the public's access to the beach
at normal high tide.
(4) A local government shall require persons using
vegetation to restore dunes to use indigenous dune vegetation.
(i) Review of dune protection line. A local government
having the authority to set the dune protection line shall review
the dune protection line within one year from the date of the disaster
recovery order issued under this section rather than 90 days required
under §15.3(k) of this title. All other requirements of §15.3(k)
of this title shall apply.
(j) Authorized beach access and dune protection measures.
(1) In areas within 200 feet of the line of vegetation
in an eroding area, the local government may:
(A) use the landward toe of a restored dune for determining
the area in which the use of fibercrete is allowed unless natural
dunes form further landward. In eroding areas where there is no dune
or the dune has been obliterated by the disaster that precipitated
the order, the provisions of §15.6(f)(5) of this title (relating
to Concurrent Dune Protection and Beachfront Construction Standards)
apply until a restored dune has been established in the area as determined
by a local government.
(B) allow construction underneath, outside, or around
the house that includes fibercrete or other materials necessary to
restore reasonable access to a house for disabled persons; provided
that such access existed prior to the disaster that is the subject
of an order under this section. This provision also applies to a house
that has become located on the beach or where there is no dune.
(2) A local government may provide temporary access
to beaches from off-beach parking areas by directing the public to
the nearest existing pathways to minimize the effects on dunes and
dune vegetation until dunes and walkovers are re-established or rebuilt.
Temporary pathways shall be conspicuously marked as beach access paths.
(3) A local government may, without a plan amendment,
temporarily close beach access points damaged beyond repair or temporarily
blocked by emergency shore protection projects to prevent damage to
infrastructure. In order to comply with this rule a local government
must notify the commissioner in writing of the temporary closure of
such damaged beach access point within 10 calendar days and specify
the duration of the closure. The local government must ensure that
the period of limited beach access in that area does not exceed the
duration of the disaster recovery order and must submit to the commissioner
a timeline for amending the local plan or a remedy to restore access
no later than six months prior to the expiration of the disaster recovery
order issued under this section.
(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 Cont'd... |
