31 TAC §15.11
The General Land Office (Land Office) proposes an amendment
to §15.11(a)(12), relating to Certification of Local Government Dune
Protection and Beach Access Plans (plans). The amendment is being proposed
to certify the Nueces County Mustang Island Episcopal Conference Center master
plan.
On January 31, 2000, the Nueces County Commissioners Court adopted by order
the Mustang Island Episcopal Conference Center master plan, which is an amendment
to the county's dune protection plan. In the amendment to §15.11(a)(12),
the Land Office certifies that the dune protection section of the Mustang
Island Episcopal Conference Center master plan is consistent with state law.
Ashley K. Wadick, Deputy Commissioner for the Resource Management Program,
has determined that for the first five-year period the rule is in effect the
fiscal implications for state or local government as a result of enforcing
or administering the rule will be a decrease in cost because all impacts to
dunes and dune vegetation are considered at one time, with no additional permit-by-permit
review.
Ms. Wadick has also determined that for each year of the first five-year
period the rule is in effect the public benefit as a result of enforcing or
administering the rule will be predictable, effective and economical administration
of the development of the geographic area encompassed in the Mustang Island
Episcopal Conference Center master plan. Ms. Wadick has further determined
that there will be a decrease in cost to small and large businesses and individuals
affected by the Mustang Island Episcopal Conference Center master plan because
there will be no individual dune protection permits required for impact to
dune and dune vegetation. The state and Nueces county will benefit from the
certification of the Mustang Island Episcopal Conference Center master plan
because all impacts within the geographic scope of the master plan are considered
at one time, with no individual permits required.
The Land Office has prepared a takings impact assessment for the proposed
rule and has determined that the rule will not result in a taking of private
real property. To receive a copy of the takings impact assessment, please
send a written request to Ms. Melinda Tracy, Texas Register Liaison, P.O.
Box 12873, Austin, Texas, 78711-2873, melinda.tracy@glo.state.tx.us, facsimile
(512) 463-6311.
Comments may be submitted in writing to Ms. Melinda Tracy. To be considered,
comments must be received no later than 5:00 p.m., July 16, 2000.
The amendment is proposed under Texas Natural Resources Code §§63.121,
61.011, and 61.015(b), which provide the Land Office with the authority to
identify and protect critical dune areas; preserve and enhance the public's
right to use and have access to and from Texas' public beaches; protect the
public easement from erosion and reduction caused by development or other
activities on adjacent land; and other minimum measures needed to mitigate
for any adverse effects on public access and dune areas.
The amendment is also proposed pursuant to Texas Natural Resources Code, §33.601,
which provides the Land Office with the authority to adopt rules on erosion,
and Texas Water Code, §16.321, which provides the Land Office to adopt
rules relating to coastal flood protection.
Texas Natural Resources Code, Chapter 61, Subchapter B, §61.011, and §61.015(b),
and Texas Natural Resources Code, Chapter 63, Subchapter E, §63.121,
are affected by the proposed amendment.
§15.11.Certification of Local Government Dune Protection and Beach Access Plans.
(a)
Certification of local government plans. The following
local governments have submitted plans to the General Land Office which are
certified as consistent with state law:
(1)-(11)
(No change.)
(12)
Nueces County
(A)-(C)
(No change.)
(D)
Mustang Island Episcopal Conference Center
master plan. 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.
(b)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 26, 2000.
TRD-200003790
Larry Soward
Chief Clerk
General Land Office
Earliest possible date of adoption: July 16, 2000
For further information, please call: (512) 305-9129