| (a) Purpose. This section provides procedures for the
commissioner to adopt a disaster recovery order with temporary standards
for stabilization and repair of structures and dune restoration during
a period of recovery following a declared or natural disaster and
to assist local governments in restoring beach access and dune protection.
(b) Applicability. This section applies only to a local
government with a local dune protection and beach access plan within
a coastal county that has been included in a disaster declaration
made by the governor under §418.014, Texas Government Code or
in which a natural disaster has occurred, as determined by the commissioner.
(c) Disaster recovery orders. The commissioner may
issue a disaster recovery order pursuant to this section to authorize
temporary standards for stabilization and repair of structures, dune
restoration, and other minimum measures needed to mitigate for adverse
effects to the public beach, public access points, and dune areas
caused by a damaging declared or natural disaster. The temporary standards
authorized by this section shall be effective for a period of two
years from the date of the issuance of disaster recovery order by
the commissioner, unless a shorter period of recovery is specified
in the order.
(1) The disaster recovery order shall identify the
nature of the disaster, the name of the disaster and the time and
location of landfall (if applicable), any coastal county or counties
to which the order applies, the date of issuance, and the expiration
date. The order is effective upon issuance by the commissioner.
(2) Notice of the order issued under this section shall
be:
(A) posted on the General Land Office's (GLO) Internet
website;
(B) published by the GLO as a miscellaneous document
in the Texas Register; and
(C) sent to the governing body of a local government
to which the order applies.
(d) Conflict. The provisions of this section supplement
the Beach/Dune Rules (§§15.1 - 15.12 of this title). However,
if there is a conflict between this section and the provisions of
the Beach/Dune Rules, this section applies.
(e) Definitions. In addition to the definitions contained
in §15.2 of this title (relating to Definitions), the following
words and terms, as used in this section, shall have the following
meanings:
(1) Beach debris--Anything that is not native to the
beach and beach/dune system, as described in §15.11(b) of this
title (relating to Repairs to Certain Houses Located Seaward of the
Boundary of the Public Beach).
(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). For purposes of this section, the commissioner
may provide local governments with a temporary standard that includes
a demarcation of the landward boundary of the public beach based on
the standards set forth in Texas Natural Resources Code Ch. 61 when
issuing beachfront construction certificates and dune protection permits
in locations where the line of vegetation has been severely damaged
by the disaster that precipitated the recovery order.
(3) Coastal county--Any Texas county with a Gulf-facing
beach within its boundaries.
(4) Declared disaster--An event declared to be a disaster
by the governor under §418.014, Texas Government Code.
(5) Habitable--The condition of a premises, as described
in §15.11(b) of this title.
(6) House--A single or multi-family structure, as described
in §15.11(b) of this title.
(7) Natural disaster--An event or force of nature that
has catastrophic consequences, including, but not limited to, tropical
storms, hurricanes, extreme high tides, tsunamis, earthquakes, tornadoes,
and floods.
(8) Recovery dune restoration--Those response measures
that must be undertaken during a recovery period to construct a dune,
repair a damaged dune, or stabilize an existing dune in order to minimize
further threat or damage to coastal residents, structures and littoral
property.
(9) Recovery period--A period of time commencing with
the issuance of a disaster recovery order under this section and ending
with the expiration of the order, during which temporary standards
for stabilization and repair of structures and dune restoration are
in effect.
(10) Recovery repair--Those actions that must be undertaken
to render a structure habitable or to prevent further damage during
the recovery period. The term "recovery repair" does not include reconnecting
a house to utilities such as sewer, water, and electricity. Reconnection
to such utilities may only be made in accordance with other applicable
law or local ordinances.
(11) Recovery stabilization--Those actions that must
be undertaken to stabilize a residential structure that is subject
to collapse or substantial further damage as a result of erosion or
undermining caused by waves or currents of water exceeding normally
anticipated cyclical levels during a period of recovery from a disaster.
(12) Restoration Area--With respect to a dune restoration
project on the public beach, an area extending to the line of vegetation
as delineated by the commissioner in an order under this subsection
or an order issued under §15.12(e) of this title (relating to
Temporary Orders Issued by the Land Commissioner).
(13) Shoreline protection project repairs--Those response
measures that must be undertaken during a period of recovery from
a disaster to repair an existing shoreline protection project to a
condition that affords protection from subsequent storms or tidal
events or prevents accelerated damage to littoral property.
(f) Recovery repair and recovery stabilization of structures
on the public beach.
(1) A local government may issue a certificate or permit
in accordance with this section for recovery repair and recovery stabilization
of a structure that encroaches or may encroach on the public beach
to the extent necessary to prevent an immediate threat to public health,
safety, and welfare.
(2) A local government may authorize construction of
an enclosed space with breakaway or louvered walls at ground level
that is consistent with the local dune protection and beach access
plan and National Flood Insurance Program, if the foundation of the
structure is intact.
(3) A local government may grant authorization in accordance
with this section for recovery repair of a residential structure that
encroaches or may encroach on the public beach, but only if the structure
is an eligible house under §15.11 of this title and is not subject
to a pending enforcement action under this subchapter, the Open Beaches
Act (Texas Natural Resources Code, Chapter 61), or the Dune Protection
Act (Texas Natural Resources Code, Chapter 63). An enforcement action
includes the filing of a suit in district court, the referral of a
matter for enforcement to the attorney general or other public prosecutor,
the initiation of an enforcement action by the commissioner, or the
issuance of a citation by a local government for a violation of its
dune protection and beach access plan.
(4) A local government may authorize the placement
of beach-quality sand underneath the footprint of an eligible house
and in the area up to a distance of not more than five feet from the
structure's footprint where necessary to prevent further erosion due
to wind or water. The beach-quality sand must remain loose and cannot
be placed in bags.
(5) Clay or sandy clay may be placed to fill voids
under the footprint of a residential structure seaward of the line
of vegetation and beyond the footprint to the extent necessary to
restore a natural angle of repose up to a distance of not more than
five feet from the structure's footprint; provided, however, that
clay or sandy clay used for this purpose must be covered with beach
quality sand, where practicable, to a depth of at least 12 inches.
Such actions are authorized in situations where protection of the
land immediately seaward of a structure is required to prevent foreseeable
undermining of habitable structures in the event of such erosion.
(6) A local government may authorize the use of clay
or sandy clay to fill voids in order to protect public infrastructure;
provided, however, that clay or sandy clay sand used for this purpose
must be covered with beach quality sand, where practicable, to a depth
of at least 12 inches.
(7) Beach-quality sand, clay, or sandy clay must not
be placed seaward of mean high tide without the consent of the commissioner.
(g) Authorized recovery dune restoration.
Cont'd... |
