| (a) Purpose. The purpose of this section is to provide
standards and procedures after a meteorological event for the temporary
suspension under §61.0185 of the Texas Natural Resources Code
of enforcement of the prohibition against encroachments on and interferences
with the public beach easement and suspension under §61.0171
of the Texas Natural Resources Code of line of vegetation determinations
where the natural line of vegetation has been obliterated. This rule
is promulgated under the authority of §61.011(d) of the Texas
Natural Resources Code.
(b) 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) or this section, or an order issued under this
section or §15.13 of this title (relating to Disaster Recovery
Orders).
(3) Habitable--The condition of the premises, as described
in §15.11(b) of this title.
(4) House--A single or multi-family structure, as described
in §15.11(b) of this title.
(c) Any order issued by the commissioner under subsection
(d) or (e) of this section shall be:
(1) posted on the General Land Office's Internet Web
Site, www.glo.texas.gov;
(2) published by the General Land Office as a miscellaneous
document in the Texas Register; and:
(3) filed by the General Land Office in the real property
records of the county in which the structure is located if the order
is for suspension of enforcement under subsection (d) of this section.
(d) Orders suspending enforcement of the prohibition
against encroachments on and interferences with the public beach easement.
(1) An order for temporary suspension of enforcement
under §61.0185 may be issued for a period of three years. While
an order issued under this section is in effect, a local government
may issue a certificate or permit authorizing repair of a house subject
to the order if the local government determines that the repair:
(A) is solely to make the house habitable including
reconnecting the house to utilities;
(B) does not increase the footprint of the house;
(C) does not include the use of impervious material,
including, but not limited to, concrete or fibercrete, seaward of
the natural line of vegetation;
(D) does not include the construction of an enclosed
space below the base flood elevation and seaward of the natural line
of vegetation;
(E) does not include the repair, construction, or maintenance
of an erosion response structure seaward of the natural line of vegetation;
(F) does not occur seaward of the boundary of coastal
public lands; and
(G) 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
and additional obstruction to public use of and access to the beach.
(2) Debris on the public beach creates a hazard to
public health and safety and can threaten Gulf-facing properties.
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.
(3) While an order issued under this section is in
effect, only beach-quality sand may be placed underneath the footprint
of the house and in an area up to five feet seaward of the house.
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.
(4) While an order issued under this section is in
effect, a local government shall submit the certificate or permit
application for repair of a house 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 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:
(A) 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;
(B) 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;
(C) the floor plan, footprint, or elevation view of
the house identifying the proposed repairs;
(D) photographs of the site that clearly show the current
conditions of the site; and
(E) an accurate map, site plan, plat, or survey of
the site identifying:
(i) the site by its legal description, including, where
applicable, the subdivision, block, and lot;
(ii) 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;
(iii) the location of any seawalls or any other erosion
response structures on the tract and on the properties immediately
adjacent to the tract;
(iv) the location of the house and the distance between
the house and mean high tide, mean low tide, and the line of vegetation;
and
(v) 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.
(5) While an order issued under this section is in
effect, a local government is responsible for monitoring the repair
of the house under this section. Any permit or certificate issued
by a local government under this order expires automatically on the
date the order expires. Except as provided in §15.11 of the title,
local governments may not issue permits or certificates for repairs
to houses located on the public beach easement that are not subject
to an order issued under this section.
(e) Orders suspending line of vegetation determinations
where the line of vegetation has been obliterated as a result of a
meteorological event.
(1) The commissioner may, by order, suspend action
on conducting a line of vegetation determination for a period of up
to three years from the date the order is issued if the commissioner
determines that the line of vegetation was obliterated as a result
of a meteorological event.
(2) For the duration of the order, the public beach
shall not extend inland further than 200 feet from the seaward line
of mean low tide as established by a licensed state land surveyor.
(3) While an order issued under this section is in
effect, a local government may issue a certificate or permit based
upon the boundary of the public beach.
(4) Following the expiration of an order issued under
this section, the commissioner shall make a determination regarding
the line of vegetation in accordance with Texas Natural Resources
Code, §61.016 and §61.017, taking into consideration the
effect of the meteorological event on the location of the public beach
easement. The commissioner may consult with the Bureau of Economic
Geology of The University of Texas at Austin or a licensed state land
surveyor and consider other relevant factors when making a determination
under this subsection regarding the annual erosion rate for the area
of beach subject to the order issued under this section.
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