TITLE natural-resources-and-conservation

Part I. General Land Office

Chapter 15. Coastal Area Planning

Subchapter A. Management of the Beach/Dune System

31 TAC §15.11

The General Land Office (Land Office) adopts an amendment to §15.11, relating to the Certification Of Local Government Dune Protection And Beach Access Plans (plan). The amendment is being adopted to certify the establishment of a beach user fee in the Matagorda County plan. The Land Office adopts this amendment without changes to the proposed text as published in the June 4, 1999 issue of the Texas Register (24 TexReg 4178). The text will not be republished.

On March 15, 1999, the Matagorda County Commissioners Court adopted by order the inclusion of a $6.00 annual beach user fee to the county's plan. In the amendment to §15.11(a)(6), the Land Office certifies that the county's initiation of the beach user fee is consistent with state law in that the county will have sufficient funds in order to establish and maintain beach-related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of the public beaches by the public.

The adopted amendment to certify the county's beach user fee is subject to the Texas Coastal Management Program (CMP), §505.11(a)(1)(J) of this title, relating to the Actions and Rules Subject to the Coastal Management Program, and must be consistent with the applicable CMP goals and policies under §501.14(k) of this title, relating to Construction in the Beach/Dune System. The Land Office has reviewed this action for consistency with the CMP goals and policies in accordance with the Coastal Coordination Council. The action is consistent with the Land Office beach/dune regulations that the council has determined to be consistent with the CMP. Consequently, the Land Office has determined that the proposed action is consistent with the applicable CMP goals and policies.

No comments were received regarding the proposed amendment to this rule.

The Land Office has prepared a takings impact assessment for the adoption of this amendment and has determined that adoption of this amendment will not result in a taking of private property. To receive a copy of the takings impact assessment, please send a written request to Ms. Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78707-1495, facsimile number (512) 463-6311.

The amendment is adopted under Texas Natural Resources Code, §§61.011, 61.015(b) and §61.022(c) which provide the Land Office with the authority to preserve and enhance the public's right to use and have access to and from Texas' public beaches.

Texas Natural Resources Code, Chapter 61, Subchapter B, §61.011, §61.015(b), and §61.022(c) are affected by the adoption of the amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 16, 1999.

TRD-9905122

Larry R. Soward

Chief Clerk

General Land Office

Effective date: September 5, 1999

Proposal publication date: June 4, 1999

For further information, please call: (512) 305-9129