| (a) Nueces County has submitted to the General Land
Office a dune protection and beach access plan which is certified
as consistent with state law. The county's plan was adopted on March
25, 1992 and amended on October 23, 1996.
(b) The General Land Office certifies that the dune
protection portion of the La Concha master plan adopted by the Nueces
County Commissioners Court on March 20, 1996 is consistent with state
law.
(c) The General Land Office certifies that the dune
protection portion of the Palms at Waters Edge master plan adopted
by the Nueces County Commissioners Court on December 27, 1996, is
consistent with state law.
(d) The General Land Office certifies that the dune
protection section of the Mustang Island Episcopal Conference Center
master plan adopted by the Nueces County Commissioners Court on January
31, 2000 is consistent with state law.
(e) The General Land Office certifies as consistent
with state law the amendment to Nueces County plan that was adopted
by the Nueces County Commissioners Court on March 16, 2005, Order
No. 20050032. The order amended the plan to increase the beach user
fees imposed for parking on the beach in fee areas designated in the
plan.
(f) The General Land Office certifies as consistent
with state law the amendments to the Nueces County plan that were
adopted by the Nueces County Commissioners Court on December 7, 2005.
(g) The General Land Office certifies as consistent
with state law the following variances from §15.6(f)(3) of this
title (relating to Concurrent Dune Protection and Beachfront Construction
Standards) in the County's plan as amended on December 7, 2005. The
plan establishes special erosion and flood protection requirements
for dune protection permits providing that a permittee shall:
(1) locate residential and commercial structures permitted
after May 2000 at least 350 feet landward of the vegetation line unless
no practicable development alternatives are possible; and
(2) restrict development permitted after May 2000 in
the area between 350 feet and 200 feet landward of the vegetation
line to recreational amenities such as pools and picnic areas. In
any case, applicants must demonstrate that every attempt has been
made to minimize use of impervious surfaces in this zone.
(h) Compliance with the special erosion and flood protection
requirements for dune protection permits specified in subsection (g)
of this section establishes a rebuttable presumption that the permittee
has followed the mitigation sequence requirements in §15.4(f)
of this title for avoidance and minimization of effects on dunes and
dune vegetation. The variance certified in subsection (g) of this
section does not exempt a permittee from compliance with compensatory
mitigation requirements for unavoidable adverse effects on dunes and
dune vegetation.
(i) The special erosion and flood protection requirements
for dune protection permits specified in subsection (g) of this section
shall not apply to a previously platted subdivision lot that was the
subject of a prior dune protection permit, or that was part of a master
planned development, the plans for which were previously approved
and adopted by the Commissioners' Court, provided that the construction
authorized by a new permit is consistent with the prior permit or
master plan.
(j) The special erosion and flood protection requirements
for dune protection permits specified in subsection (g) of this section
shall not apply to areas within the jurisdiction of the City of Port
Aransas.
(k) The General Land Office certifies as consistent
with state law the amendments to the Nueces County plan that were
adopted by the Nueces County Commissioners Court on July 14, 2010.
(l) The General Land Office certifies as consistent
with state law the Joint Erosion Response Plan for Nueces County and
the City of Corpus Christi as an amendment to the Nueces County plan.
The Joint Erosion Response Plan for Nueces County and the City of
Corpus Christi was adopted by the Nueces County Commissioners Court
on June 27, 2012.
|
| Source Note: The provisions of this §15.33 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective December 8, 2005, 30 TexReg 8174; amended to be effective May 28, 2007, 32 TexReg 2869; amended to be effective January 18, 2011, 36 TexReg 143; amended to be effective February 26, 2013, 38 TexReg 1208 |
