| local government's modification to their beach access and use plan
based upon the General Land Office's affirmative finding that such
modifications preserve or enhance the public's right to use and access
the public beach.
(1) For the purposes of this subchapter, beach access
and use is presumed to be preserved if the following criteria are
met.
(A) Parking on or adjacent to the beach is adequate
to accommodate one car for each 15 linear feet of beach.
(B) Where vehicles are prohibited from driving on and
along the beach, ingress/egress access ways are no farther apart than
1/2 mile.
(C) Signs are conspicuously posted which explain the
nature and extent of vehicular controls, parking areas, and access
points, including access for persons with disabilities.
(2) A local government shall have an adopted, enforceable,
written policy prohibiting the local government's abandonment, relinquishment,
or conveyance of any right, title, easement, right-of-way, street,
path, or other interest that provides existing or potential beach
access, unless an alternative equivalent or better beach access is
first provided by the local government consistent with its dune protection
and beach access plan and this subchapter.
(3) This provision does not apply to any existing local
government traffic regulations enacted before the effective date of
this subchapter, and the former law is continued in effect until the
regulations are amended or changed in whole or in part. New or amended
vehicular traffic regulations enacted for public safety, such as establishing
speed limits and pedestrian rights-of-way, are exempt from the certification
procedure but must nevertheless be consistent with the Open Beaches
Act and this subchapter.
(4) This subchapter does not prevent a local government
from using its existing authority to close individual beach access
points for emergencies related to public safety. However, the standards
and procedures for such emergency closures shall be included in its
state-approved dune protection and beach access plan. The GLO must
be notified by the local government as soon as practicable of any
emergency closures.
(5) A local government may not restrict vehicular traffic
from a public beach unless it preserves or enhances beach access for
persons with disabilities. For the purposes of vehicular restrictions
only, beach access for persons with disabilities is presumed to be
preserved if the following criteria are met:
(A) Where vehicles are prohibited from driving to mean
high tide, at least one access way with a stable, slip-resistant surface
to the approximate high tide line is provided in each jurisdiction
and signs identifying the accessible beach access route are conspicuously
posted at the landward terminus of the access route.
(i) Where a local government can demonstrate that providing
and maintaining a stable, slip-resistant surface to the approximate
high tide line is not practicable, local governments shall provide
an alternate means of access for persons with disabilities, such as
beach wheelchairs.
(ii) In areas where vehicular access is prohibited,
local governments have until December 31, 2023 to come into compliance
with the above provisions.
(B) In areas where vehicles are prohibited from driving
on and along the beach, golf carts must also be prohibited. However,
the local government must allow the use on the beach of a golf cart,
as defined by §551.401, Texas Transportation Code, if:
(i) the golf cart is being operated by or for the transportation
of a veteran with disabilities or a person with a physical disability;
and
(ii) a disabled parking placard issued under §681.004,
Texas Transportation Code, is displayed in a conspicuous manner on
the golf cart.
(C) The local government must provide at least one
ingress/egress access way accessible to golf carts for each area of
the beach where vehicles are prohibited.
(D) A local government may limit the use of golf carts
for the transportation of a person with a physical disability to electric
powered golf carts.
(E) In this section, "golf cart" has the meaning assigned
by §331.401, Texas Transportation Code and "public highway" has
the meaning assigned by §502.001, Texas Transportation Code.
(i) Request for General Land Office approval of beach
access plans. When requesting approval of or an amendment to a beach
access plan, a local government shall submit a new or amended plan
to the General Land Office providing the information and following
procedures outlined in §15.3(o) of this title (relating to Administration)
and the following information:
(1) a current description and map of the entire beach
access system within its jurisdiction;
(2) a detailed status of beach access demonstrated
through evidence such as photographs, surveys, and statistics regarding
the number of beach users;
(3) a detailed description of the proposed beach access
plan replacing the existing beach access system. Such description
shall demonstrate the method of providing equivalent or better access
to and from the public beaches, including access for persons with
disabilities; and
(4) a vehicular control plan, if the local government
proposes either new or amended vehicular controls for the public beach.
The vehicular control plan must include, at a minimum, the following
information:
(A) an inventory and description of all existing vehicular
access ways to and from the beach and existing vehicular use of the
beach;
(B) all legal authority, including local government
ordinances that impose existing vehicular controls;
(C) a detailed description of any proposed changes
to vehicular access;
(D) a statement of short-term or long-range goals for
restricting or regulating vehicular access and use;
(E) an analysis and statement of how the proposed vehicular
controls are consistent or inconsistent with the state standards for
preserving and enhancing public beach access set forth in this subchapter;
and
(F) a description of how vehicular management relates
to beach construction management, beach user fees, and dune protection
within the jurisdiction of the local government.
(j) Integration of vehicular control plan and other
plans. The vehicular control plan may be a part of a local government's
beach access and use plan required under the Texas Natural Resources
Code, §61.015, any beach user fee plan required under the Texas
Natural Resources Code, §61.022, and any dune protection program
required under the Texas Natural Resources Code, Chapter 63. The General
Land Office encourages local governments to combine and integrate
these various plans and programs.
(k) General Land Office approval of vehicular control
plan adopted or amended after the effective date of this subchapter.
A local government shall submit the vehicular control plan to the
General Land Office no later than 90 working days prior to taking
any action on the plan. This provision does not prevent a local government
from exercising its existing authority over vehicular controls in
emergencies. The standards and procedures for such emergency vehicular
controls shall be submitted to the state in the vehicular control
portion of a local government's dune protection and beach access plan.
A plan may be approved if the vehicular controls are found to be consistent
with the Open Beaches Act and with this subchapter. Prior to final
adoption or implementation of a new or amended vehicular control ordinance,
the local government shall obtain state certification of the plan
for vehicular control pursuant to the Open Beaches Act, Texas Natural
Resources Code, §61.022.
(l) If the General Land Office determines that existing
beach access or proposed changes to vehicular controls are not consistent
with state standards, the local government shall prepare a plan for
achieving consistency within a period of time to be determined by
the General Land Office. This plan shall include a detailed description
of the means and methods of upgrading the availability of public parking
and access ways, including funding for such improvements.
(m) Maintaining the public beach. Local governments
shall prohibit beach maintenance activities unless maintenance activities
will not materially weaken dunes or dune vegetation or reduce the
protective functions of dunes. Local governments shall prohibit beach
maintenance activities which will result in the significant redistribution
of sand or which will significantly alter the beach profile or the
line of vegetation. All sand moved or redistributed due to beach maintenance
activities shall be returned to the area between the line of vegetation
and mean high tide. The General Land Office encourages the removal
of litter and other debris by handpicking or raking and strongly discourages
the use of machines (except during peak visitation periods which disturb
the natural balance of gains and losses in the sand budget and the
natural cycle of nutrients.
Cont'd... |
