Part 4.
SCHOOL LAND BOARD
Chapter 155.
LAND RESOURCES
Subchapter A. COASTAL PUBLIC LANDS
31 TAC §155.1, §155.3
The School Land Board (Board) proposes amendments to §155.1,
relating to General Provisions, and §155.3, relating to Easements. These
amendments are primarily intended to streamline the process by which projects
on coastal public land are authorized.
Section 155.1 is amended, first, to remove general coastal easements as
a method of authorizing minor projects on coastal public land. It is replaced
by provisions in §155.3, relating to Easements, that give the Commissioner
of the General Land Office the authority to approve certain types of residential
projects without Board authorization. Second, definitions for sensitive habitat
and mitigation sequence are added. These are technical terms that appear in
the chapter, but were not previously defined in the rule. In addition, the
definition of the term "fill" is substituted for the term "landfill" and the
definition modified to make it more accurately reflect the activity. Finally,
this section is amended to include the provision that allows the Board to
delay a decision on an application to consider comments from the public on
a required Corps of Engineers permit. This provision currently applies only
to easements. However, Corps permits may also be required on projects that
require a lease or a permit. Consequently, incorporating it into the general
provisions makes it applicable to all forms of authorization covered by this
chapter.
The proposed amendments to §155.3, relating to Easements, first, delete
the language from the rule that duplicates the statutory provisions. The most
significant change to the rule, however, is that it allows the Commissioner
of the General Land Office the authority to grant easements for existing residential
structures and proposed residential structures that have minor environmental
impacts or no impacts at all. The authorization process for such projects
will be expedited by no longer requiring Board approval. In addition, it will
allow the Board to focus their limited time on commercial projects and other
large-scale projects. The proposed amendments also include a list of factors
the Board or the Commissioner shall consider when making decisions on an application,
including a mitigation sequence that applicants must consider and apply to
projects that may have an adverse impact on coastal natural resources. Finally,
the proposed amendments delete any superfluous language from the rule and,
when appropriate, reorganize subsections to make the rule more readable and
easier to follow.
Rene Truan, Deputy Commissioner of the Asset Inspection Division, has determined
that for the first five-year period these rules are in effect the fiscal implications
for the state or local government as a result of enforcing or administering
these rules will be a reduction in the effort required by the state to authorize
residential projects. This will in turn reduce the cost of administering the
Coastal Easement program and allow staff to concentrate on projects with greater
impact to coastal public lands.
Mr. Truan has also determined that for the first five-year period the rules
are in effect the public benefit anticipated as a result of implementing these
rules will be a reduction in the time and effort required to obtain authorization
for certain projects on coastal public land. Mr. Truan has determined that
there will be no adverse economic impact to small businesses or individuals.
The proposed amendments to §155.1 and §155.3 are subject to the
Texas Coastal Management Program (CMP) §505.11(a)(1)(F) of this title,
relating to Actions and Rules Subject to the CMP and must be consistent with
the applicable goals and policies under §501.14(h) of this title, relating
to Development in Critical Areas, §501.14(i) of this title, relating
to Construction of Waterfront Facilities and Other Structures on Submerged
Lands, and §501.14(j) of this title, relating to Dredging and Dredged
Material Disposal and Placement. The General Land Office reviewed these proposed
rules for consistency with the CMP goals and policies in accordance with the
regulations of the Coastal Coordination Council (Council). The General Land
Office has determined that the proposed rules are consistent with the applicable
CMP goals and policies.
Comments may be submitted in writing to Melinda Tracy, Legal Services Division,
General Land Office, P.O. Box 12873, Austin, Texas 78711, by no later than
30 days from the date of publication.
The General Land Office has prepared a takings impact assessment for the
adoption of these amendments and has determined that adoption of these amendments
will not result in the taking of private real property. To receive and copy
of the takings impact assessment, please send a written request to Ms. Tracy.
These amendments are proposed under Texas Natural Resources Code
Chapter 33, §33.064 which authorizes the Board to adopt procedural and
substantive rules necessary for the management of coastal public lands.
Texas Natural Resources Code §33.111 is affected by the proposed amendments.
§155.1.General Provisions.
(a)
(No change.)
(b)
Scope of rules. These rules set forth the practice and
procedure for administration by the board in granting a lease, easement, permit,
and the registration of a structure on coastal public lands. All grants of
interest are subject to these rules and regulations. The board may grant the
following interest in coastal public lands for the indicated purposes:
(1)
(No change.)
(2)
easements for purposes connected with ownership of littoral
property:
[(A)
a general coastal easement may be approved
by the board under which projects with minor or negligible natural resource
impacts may be authorized; ]
[(B)
approval or authorization of minor projects
provided above may be evidenced by the issuance of a letter of authorization
by the board or the commissioner in the manner provided in §155.3 of
this title (relating to Easements); ]
[(C)
general coastal easements and letters
of authorization may contain special conditions determined by the board to
be necessary or appropriate to protect natural resources; ]
(3)-(4)
(No change.)
(c)
If a Department of the Army Corps of Engineers
permit is required for a proposed project, the board may postpone a decision
on the application pending receipt of comments on the work described in the
Corps of Engineers public notice.
(d)
[
(1)
Board--The School Land Board of Texas.
(2)
Breakwater--A structure of timber, cement, or other material,
either fixed or floating, designed to protect beaches and harbor areas from
wave action.
(3)
Bulkhead and riprap--Structures of timber, steel, concrete,
rock, or similar substance erected parallel to the shoreline for erosion control
purposes.
(4)
Coastal area--Refers to the geographic area comprising
all the counties of Texas having any tidewater shoreline including that portion
of the bed and waters of the Gulf of Mexico within the jurisdiction of the
State of Texas.
(5)
Coastal public lands--All or any portion of the state-owned
submerged lands, the waters overlying those lands, and all state-owned islands
in coastal area.
(6)
Commercial structure--Any structure located on coastal
public lands which is used directly for the sale of goods, wares, services
on or property of any kind and includes any structure on coastal public lands
adjacent to littoral property used commercially when said structure is used
in conjunction with adjacent littoral commercial property.
(7)
Sensitive habitat--An area of submerged
or emergent vegetation or reefs.
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
Mitigation sequence--The series of steps
which must be taken if sensitive areas are adversely affected.
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(e)
[
§155.3.Easements.
(a)
Any easement granted to a littoral owner
[
(b)-(c)
(No change.)
[(d)
Texas Department of Transportation. The
board may grant an easement according to these rules to the Texas Department
of Transportation; however, each such easement will be negotiated on a case-by-case
basis.]
(d)
[
(e)
[
[(1)
Upon receipt of a complete application
form and additional information requested by the board, the board may circulate
it for review and comment to any member agency of the interagency council
on Natural Resources and the Environment.]
[(2)
If a Department of the Army Corps of
Engineers permit is required for the proposed work, the board may postpone
a decision on the easement application pending receipt of comments on the
work described in the Corps of Engineers public notice.]
(1)
[
[(4)
The decision on an application for an
easement which requires the payment of fees that do not exceed $600 per year,
which proposes no new dredging or filling, and to which there are no written
objections, and in which there is no commercial/industrial activity, may be
made by the commissioner or any staff member he designates without a meeting
of the board.]
(2)
[
(f)
The commissioner may approve an easement
application without board approval if the application is for any of the following
activities but not for commercial/industrial activity and is consistent with
the criteria for decision as set forth below in subsection (g) of this section;
(1)
existing fill and associated bulkhead, riprap, dredged
areas, groins, breakwaters, or other similar existing projects;
(2)
existing piers, docks, boatlifts, or other similar existing
projects;
(3)
proposed piers, docks, boatlifts, or other similar projects
provided such projects have been determined by the Land Office staff to have
minimal unavoidable environmental impacts;
(4)
proposed fill and associated riprap or bulkheads provided
such fill impacts less than two hundred (200) square feet;
(5)
proposed riprap which impacts the minimum amount of coastal
public land to prevent erosion;
(6)
renewals or assignments of previously approved projects
provided the project has not been altered; or
(7)
habitat creation not associated with another project on
coastal public land.
(g)
Criteria for decision. [
(1)
Fill projects for the sole purpose of
land reclamation will not be approved; and
(2)
Any project that is determined by the
board or the commissioner as unsafe or contrary to the established policies
of the board and/or the Land Office will not be approved.
(3)
[
(4)
[
(A)
Piers and docks will be limited to the minimum size necessary
to serve the purpose of the project and will be constructed in a manner that
does not interfere with navigation or other authorized uses.
(B)
Piers and docks will be designed and constructed in a manner
that avoids existing marshes, oyster reefs, seagrass vegetation or shallow
water capable of supporting these habitats to the extent practicable. Impacts
to sensitive habitats that cannot be avoided will be minimized to the extent
practicable.
(C)
When constructed for
private/residential use
[
(5)
[
(A)
Propwashing is an unacceptable method of dredging and will
not be approved.
(B)
Projects
shall be limited
[
(C)
Extension of piers into deeper water is preferred to the
dredging of access channels or basins whenever practical.
(D)
A channel or basin should be designed to insure adequate
flushing and
should
[
(E)
The alignment of a channel or canal should make maximum
use of a natural or existing channel. Design and alignment should minimize
disruption of natural sheetflow, water flow, and drainage systems.
(F)
A channel proposed to be dredged through highly productive
coastal public lands is discouraged and will be approved only in unusual circumstances.
(G)
Dredging should be conducted in a manner that minimizes
turbidity and dispersal of dredged material.
(6)
[
(A)
All dredged material should be placed on and contained
within suitable upland sites of relatively low productivity above mean high
water and where adverse effects of such disposal are minimized.
(B)
Dredge material containing hazardous substances
that
[
(i)
dredge material shall not be disposed of in any place where
such disposal would adversely affect municipal water supplies, shellfish beds,
fishery areas (including spawning and breeding areas), wildlife, or recreational
areas; and
(ii)
disposal of dredge material shall be in accordance with
§501.14
[
(C)
Open water disposal shall comply with subparagraph (B)
and shall be considered only if upland alternatives are not available. Any
disposal in open waters must be in compliance with all federal, state and
local laws and regulations and shall be consistent with the goals and policies
of the Texas Coastal Management Program.
(D)
Consideration of habitat creation and improvement should
be made when environmental damage results.
(7)
[
(A)
No new groins will be authorized except under the most
compelling circumstances upon request by a city, county, or other public entity
for a public purpose.
(B)
Plans for construction of a jetty, groin, or breakwater
must be analyzed to insure that the structure does not create adverse sediment
transportation patterns that induce erosion or undesirable shoaling in adjacent
areas.
(C)
Existing but unauthorized groins may be
authorized to remain in place until such groins are destroyed or damaged in
excess of fifty percent under the following conditions:
(i)
no significant erosion of adjacent property has occurred
or is occurring as a result of the presence of the groin;
(ii)
no significant adverse impacts to sensitive habitats have
occurred nor are sensitive habitats threatened by the presence of the groin;
(iii)
no unnatural accumulation resulting in the deposition
of sediments greater than five square feet per linear foot of the affected
shoreline; and
(iv)
non-compliance with any of the above conditions will be
sufficient cause for denial or termination of authorization and for removal
of a non-conforming structure.
(v)
If a groin causes significant unnatural accumulation but
the removal of the groin will cause severe adverse impacts to sensitive natural
resources the boundary between state-owned submerged land and the adjacent
littoral property must be established by a Licensed State Land Surveyor.
(D)
[
(8)
[
(A)
Vegetative cover is the preferred method of shoreline stabilization
and shall be used where its use is practical. Impacts to sensitive habitat
will be avoided whenever possible and minimized and mitigated when unavoidable.
(B)
Riprap is an acceptable method of shoreline stabilization
if composed of interlocking brick, rock large enough not to be displaced by
storms, or concrete rubble which is free of protruding rebar. Where possible,
sloping riprapping should be used rather than a vertical seawall or bulkhead.
Riprap material may extend seaward from the shoreline only as far as required
to protect the shoreline.
(C)
The use of tires, automobile bodies or parts, appliances,
trash and other unconsolidated material is not acceptable and shall not be
approved.
(D)
Except in special circumstances, a bulkhead or seawall
should be located no further seaward than the mean of the high water line,
and designed so that reflected wave energy does not destroy stable marine
bottom or constitute a safety hazard.
(E)
An application for the construction of a bulkhead on a
significant coastal public marsh or grassflat, where such will lead to the
destruction of this resource, will normally be denied. To avoid this, extreme
care should be taken as to the location and type of construction planned for
bulkheads in a wetland area.
(9)
[
(A)
Marinas should be located in areas where the least dredging
and maintenance will be required. Plans for a marina should minimize the disruption
of currents and the need for excavation of the shore area. Dead end or deep
canals without adequate flushing should be avoided.
(B)
Each marina shall provide adequate facilities to its users
for the reception of waste and/or garbage. Failure to insure that the users
of a marina have access to facilities necessary for the proper and lawful
disposal of waste and/or garbage on an ongoing basis may subject the easement
to termination and the easement holder to any applicable civil and criminal
penalties.
(10)
[
(A)
Deposition of fill
[
(B)
A shoreline fill should be designed and located so that
significant damage to existing ecological values or natural resources, or
alternation of natural currents will not occur.
(C)
The perimeter of fills should be provided with vegetation,
retaining walls, riprap, or other mechanisms for erosion prevention.
(D)
Fill material should be of such quality that it will not
cause water quality degradation. Submerged land should not be considered for
a sanitary landfill or the disposal of solid waste.
(h)
Mitigation sequence. An applicant is responsible
for identifying practicable alternatives or available sites for a proposed
project with the fewest adverse impacts. For projects requiring mitigation
for unavoidable adverse impacts to natural resources, review shall be based
on the following sequence:
(1)
Avoidance. Projects must be designed to avoid critical
area impacts to the extent practicable. Critical areas include, but are not
limited to, a coastal wetland, an oyster reef, a hard substrate reef, submerged
vegetation, or tidal sand or mud flat.
(2)
Minimization. Unavoidable impacts shall be minimized to
the extent practicable through the use of structural or non-structural modifications.
(3)
Mitigation and Compensation. Each project approved without
a separate mitigation requirement will be subject to a resource impact fee
as set forth in §155.15(b)(2)(F).
(i)
[
(j)
[
(1)
to keep the commissioner informed at all times of his or
her address, and if a corporation, of the address of its principal place of
business and the name and address of the officer or agent authorized to receive
service of notice;
(2)
that the allowance of the easement will be subject to the
express condition that the rights granted will not unduly prevent or interfere
in any way with the management, administration of, or the granting, either
prior or subsequent to the easement, of other rights by the board of any part
of the area included in the easement;
(3)
that the structure authorized under contract will be maintained
in proper order and will not be allowed to deteriorate to such a degree as
to become a hazard or public nuisance;
(4)
that all of the surface estate of coastal public lands
shall be worked, dredged, filled, or used in such a manner as to prevent pollution,
and in the event of pollution, the easement holder shall use all reasonable
means to recapture all pollutants which have escaped, whether by reason of
a sudden and accidental release or any other means. The easement holder shall
be responsible for all damage to public and private property which is the
result of pollution arising from any use of the easement including, but not
limited to, the easement holder's failure to provide adequate facilities for
the reception of waste and/or garbage;
(5)
that the disposal or discharge of any waste or garbage
into state waters from any marina, pier, dock, wharf, or any other structure
located on coastal public lands is strictly prohibited.
(k)
[
(l)
[
(m)
[
(1)
Upon termination of any easement, the grantee will, at
the option of the board, within 120 days from said termination, remove all
of its personal property and all structures and manmade improvements authorized
in the easement contract, provided all monies due have been paid. The grantee
shall take whatever measures as are necessary to restore the area involved
as nearly as practicable to the same condition that existed prior to placement
of any structures thereon, except as otherwise approved in writing by the
commissioner.
(2)
The board may consent to premature termination of all or
part of any contractual agreement.
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 April 23, 2001.
TRD-200102323
Larry R. Soward
Chief Clerk, General Land Office
School Land Board
Earliest possible date of adoption: June 3, 2001
For further information, please call: (512) 305-9129
Subchapter A. COASTAL PUBLIC LANDS
(c)
] Definitions. The following
words and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise.
(7)
] Commissioner--The commissioner
of the General Land Office.
(8)
] Dredged material disposal--The
deposition of sand, gravel, shell, or other material generated by a dredging
activity onto coastal public lands.
(9)
] Dredging--The moving of soil,
sand, gravel, shell or other materials from its natural setting and thereby
artificially altering the water depth, e.g., channels, basins, etc.
(10)
] Island--Any body of land
surrounded by the waters of a salt water lake, bay, inlet, estuary, or inland
body of water within the tidewater limits of this state and shall include
man-made islands resulting from dredging of other operations.
(11)
] Jetties and groins--Structures
of rock, concrete, steel, or other material designed to modify or control
sediment
[
sand
] movement along a shore.
(12)
]
Fill
[
Landfill
]--The
deposition
[
filling and creation of dry upland
by the depositing
] of soil, sand, gravel, shell,
or any
[
and
] other materials on coastal public lands[
contiguous to littoral
property, or the artificial alteration of waters levels for land reclamation
purposes
].
(13)
] Littoral owner--The owner
or leaseholder of any public or private upland bordered by or contiguous to
coastal public lands.
(14)
] Marina--A combination of
docks or piers floating or constructed on pilings, extending onto or over
coastal public lands, which is used for purposes of storing or docking boats,
pleasure crafts, shrimp boats, and similar structures and is available to
the public and charges are made for any of its services, and which do not
constitute wharves, docks, or piers as hereinafter defined.
(15)
] Person--Any individual, firm,
partnership, association, corporation (public or private, profit or nonprofit),
trust, or political subdivision or agency of the state.
(16)
] Pier and dock--Structures
of timber or other material built onto or over coastal public lands which
are used for fishing and recreational boating purposes and which do not constitute
a wharf or marina as hereinbefore defined.
(17)
] Seaward--The direction away
from the shore and toward the body of water bounded by such shore.
(18)
] Structure--Any structure,
work, or improvement constructed upon, affixed to, or worked upon coastal
public lands, including but not limited to, fixed to or floating piers, wharves,
docks, jetties, groins, breakwaters, artificial reefs, fences, posts, retaining
walls, levees, ramps, cabins, houses, shelters, landfills, excavations, land
canals, channels, and roads.
(19)
] Submerged lands--Any land
extending from the boundary between the lands of the state and littoral owners
seaward to the low water mark on any salt water lake, bay, inlet, estuary,
or inland water within the tidewater limits, and any land lying beneath such
a body of water, but (for the purposes of these rules only) excludes beaches
bordering on, and the waters of, the open Gulf of Mexico, and the lands lying
beneath such waters.
(20)
] Waste and/or garbage--Includes
discarded food, refuse, and unwanted man-made degradable and non-degradable
items such as containers, equipment, and other rubbish.
(21)
] Wharf--A structure of timber,
cement, masonry, earth, or other material built onto or over coastal public
lands, so that vessels can receive and discharge cargo, products, goods, any
paying passengers, etc. This definition applies only to structures or portions
thereof which are directly connected with and used for the loading and unloading
of water borne commerce but specifically excludes such structures used only
for commercial fishing purposes.
(d)
] Consistency with Coastal Management
Program. Except as otherwise provided in §16.1(c) of this title (relating
to Definitions and Scope), an action listed in §16.1(b) of this title
(relating to Definitions and Scope) taken or authorized by the GLO or SLB
pursuant to this chapter that may adversely affect a coastal natural resource
area, as defined in §16.1 of this title (relating to Definitions and
Scope), is subject to and must be consistent with the goals and policies identified
in Chapter 16 of this title (relating to Coastal Protection) in addition to
any goals, policies, and procedures applicable under this chapter. If the
provisions of this chapter conflict with and can not be harmonized with certain
provisions of Chapter 16 of this title, such conflicting provisions of Chapter
16 of this title (relating to Coastal Protection) will control.
Littoral owner. The board may grant easement rights to the owner of adjacent
littoral property authorizing the placement or location of a structure on
coastal public lands for purposes connected with the ownership of littoral
property. The granting of an easement pursuant to this rule, including the
waiver below,
] will not be construed as recognition of a right existing
in the littoral owner incident to the ownership of littoral property. [
The owner of littoral property may construct a pier which is not for commercial
purposes, which does not exceed 100 feet in length nor 25 feet in width, and
which requires no filling or dredging, without obtaining an easement from
the board; however, the location and dimensions of any pier must be registered
with the board as provided in §155.5 of this title (relating to Registration
of Structures).
]
(e)
] Application. An applicant desiring
an easement must submit an application to the General Land Office on forms
approved by the General Land Office, not less than 30 days prior to the desired
approval date. If shoreline alteration is proposed, a survey plat and field
notes may be required. In addition to submitting an application form, applicants
are encouraged to present reasons why the easement should be granted. It is
the responsibility of the applicant to demonstrate affirmatively that the
proposed structure is in the public interest. The board may request any additional
information it deems necessary. [
A nonrefundable filing fee made payable
to the General Land Office must accompany each application.
]
(f)
] Consideration of application.
(3)
] Unless otherwise authorized
by these sections, the board will hold a meeting to evaluate, consider, and
hear testimony on an application. Upon receipt of an application and all requested
information, the board may issue, deny, or issue with qualifications, an easement[
contract
].
(5)
] Upon receipt of all necessary
application information, the board
or
[
,
] the commissioner,
as provided by subsection (f) of this section
[
or a staff member
designated under paragraph (4) of this subsection
], may issue, deny,
or issue with qualifications, an easement contract.
An application for an easement
on coastal public lands will be reviewed to insure conformity with the policies,
practices, and procedures in these rules.
] Project proposals will be
evaluated in accordance with the following
factors
[
guidelines
].
(1)
] Adverse impacts to coastal
natural
resource areas
[
resources
] must be avoided to
the extent practicable and minimized where unavoidable. Applicants may be
required to provide appropriate mitigation
, as set forth in subsection
(b) of this section,
for those impacts which are unavoidable.
Where impacts to coastal natural resource areas are minimal, the payment of
a resource impact fee may be required in lieu of undertaking a physical mitigation
project where such project is not practicable.
(2)
] Docks and piers.
private/residentialuse
], only one pier or dock, with normal appurtenances,
may extend from each defined parcel of littoral property. A pier or dock shall
extend perpendicular from a point on the shoreline which is not less than
ten feet from the adjacent littoral owner's property line, unless such a design
would obstruct navigation or would unreasonably interfere with an adjoining
littoral property owner's use of the waterfront.
(3)
] Dredged areas.
are to be designed
and constructed
] to the minimum size necessary to serve the project
purpose. Joint use of access channels by multiple littoral property owners
is
preferred and encouraged rather than individual channels
[
to be preferred to individual channels and will be encouraged
].
to
] prevent the creation of conditions
which are likely to cause stagnant water pockets.
(4)
] Dredged material disposal area.
, and which
] presents a threat to public health, safety
or the environment, shall be disposed of only in compliance with federal,
state and local laws and regulations; further
§510.14
] of this title (relating to Texas
Coastal Management Program Policies for Specific Activities and Coastal Natural
Resource Areas).
(5)
] Jetty, groin, and breakwater.
(C)
] In addition to
minimizing
adverse physical effects,
the owner of
[
care must be
taken that
] a jetty, groin, or breakwater
must ensure that the
structure
does not unduly interfere with public use
of submerged
land or the shoreline
.
(6)
] Shoreline stabilization projects.
(7)
] Marinas.
(8)
]
Deposition of fill
[
Landfills
].
Landfills
] proposed
in marshes and submerged grass bed areas normally will be denied. Consideration
will be given to a
fill
[
landfill
] proposal for a water
dependent use or public use on relatively unproductive coastal public lands.
(h)
] Consideration of application
by mineral interest holder. The board will review and consider an application
for a channel easement to a mineral interest holder on coastal public lands
to insure conformity with the policies, practices, and procedures in these
rules and regulations. Environmental recommendations for certain development
and production activities will be provided to the mineral interest holder
on bay tracts and certain other tracts in the notice of bids booklet published
by the General Land Office. Updates of these recommendations will be furnished
on request. Development activities conforming with these environmental recommendations
normally will receive favorable consideration by the General Land Office.
(i)
] Approval criteria. An easement,
if granted by the board, will be approved subject to these rules in addition
to such terms and conditions as may be prescribed in the contractual agreement.
The board may waive a rule at its discretion. All structures on coastal public
lands will be subject to inspection at any time by the board or their authorized
representatives. Any easement contract will be for a specific purpose. If
a change in the contractual agreement is desired, an amendment application
must be filed. An applicant, by accepting an easement to occupy or otherwise
place a structure on coastal public lands or water surface areas, agrees and
consents to comply with and be bound by the following additional terms and
conditions:
(j)
] Renewals. A request for renewal
of an easement shall utilize the contract form, rate schedule, and adhere
to rules and regulations in effect at the time the renewal is made. Any person
requesting a renewal must submit an application form as required in this rule
and must include the easement number and date of expiration of the existing
easement.
(k)
] Assignment. Assignment may
be made of any interest rights granted in whole or in part subject to the
written approval of the commissioner. Any such assignment must be filed in
triplicate accompanied by a written request for approval in which the assignee
agrees to comply with all rules and regulations contained herein and in the
contractual agreement. A fee of $50 payable to the General Land Office must
accompany the application for approval of an assignment. No assignment is
effective to transfer any rights until approved by the commissioner, the grantee,
and the assignee.
(l)
] Termination. Failure to comply
with these rules and regulations
or the terms and conditions of the easement
shall subject
[
subjects
] the easement to termination by the
board.
Chapter 155.
LAND RESOURCES