| (a) Purpose. The purpose of this section is to provide
authority for local governments to issue permits or certificates for
repairs to certain houses if any portion of the house is located seaward
of the boundary of the public beach.
(b) Definitions. In addition to the definitions contained
in §15.2 of this title (relating to Definitions), the following
words and terms shall have the following meanings:
(1) Beach debris--Anything that is not native to the
beach and beach/dune system, including, but not limited to, pilings,
concrete, fibercrete, rebar, riprap, boulders, automobile parts, rubble
mounds, damaged dune walkovers, garbage, septic systems, and other
objects, that may pose a hazard to public health and safety and/or
no longer serve the purpose for which they were originally intended.
(2) Boundary of the public beach--The landward edge
of the public beach, as described in §15.3(b) of this title (relating
to Administration) or an order issued under §15.12(e) of this
title (relating to Temporary Orders Issued by the Land Commissioner).
For purposes of this section, the location of the natural line of
vegetation shall be determined by the General Land Office on a case-by-case
basis.
(3) Habitable--The condition of the premises which
permits the inhabitants to live free of serious hazards to health
and safety.
(4) House--A single or multi-family structure that
serves as permanent, temporary, or occasional living quarters for
one or more persons or families.
(c) Eligible houses. To find a house eligible for a
permit or certificate to make repairs under this section, the Land
Office must determine that:
(1) The line of vegetation establishing the boundary
of the public beach has moved as a result of erosion or a meteorological
event;
(2) The house was located landward of the line of vegetation
before the erosion or meteorological event occurred;
(3) No portion of the house is located seaward of the
boundary of coastal public land;
(4) The house was not damaged more than 50 percent
or destroyed as the result of a meteorological event; and
(5) The house does not present an imminent threat to
public health and safety.
(d) For a house eligible under this section, a local
government may issue a certificate or permit authorizing repair of
an eligible house if the local government determines that the repair:
(1) is solely to make the house habitable including
reconnecting the house to utilities;
(2) does not increase the footprint of the house;
(3) does not include the use of impervious material,
including, but not limited to, concrete or fibercrete, seaward of
the boundary of the public beach;
(4) does not include the construction of an enclosed
space below the base flood elevation and seaward of the boundary of
the public beach;
(5) does not include the repair, construction, or maintenance
of an erosion response structure seaward of the boundary of the public
beach;
(6) does not occur seaward of the boundary of coastal
public land; and
(7) does not include construction underneath, outside
or around the house other than for reasonable access to or structural
integrity of the house, provided that such repair does not create
an additional obstruction to public use of and access to the beach.
(e) Debris removal. Debris on the public beach creates
a hazard to public health and safety and can threaten Gulf-facing
properties. A local government shall coordinate with owners of eligible
houses to remove personal property and beach debris related to the
structure from the public beach and dune complex as soon as possible.
The local government may require debris removal as a condition of
the issuance of a certificate or permit under this section. All beach
debris collected from the public beach shall be removed from the beach/dune
system and disposed of in an appropriate landfill.
(f) Sand placement. Only beach-quality sand may be
placed underneath the footprint of an eligible house and in an area
up to five feet seaward of the house, provided that the sand may not
be placed seaward of mean high tide except as part of an approved
beach nourishment project. The beach-quality sand must remain loose
and unconsolidated and cannot be placed in bags or other formed containment.
In addition, the beach-quality sand must be an acceptable mineralogy
and grain size when compared to the sediments found in the beach/dune
system. The use of clay or clayey material is not allowed.
(g) Land Office review. A local government shall submit
the certificate or permit application for repair of an eligible house
under this section to the commissioner for review and determination
of eligibility as provided in subsections (b)(2) and (c) of this section.
If the commissioner does not object to or otherwise comment on the
application within 10 working days of receipt of the 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 an affirmative determination regarding a permit
or certificate for repairs. Local governments may require more information,
but they shall submit to the Land Office the following information:
(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) 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;
and,
(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.
(h) Monitoring. A local government is responsible for
monitoring the repair of an eligible house under this section. A local
government may conduct a monitoring program to study the effects of
permitting repairs to an eligible house 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.
(i) 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 §61.085 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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