Texas Register
(26 TexReg 2425).
The amendment as adopted certifies the dune protection and beach access
plan of the Village of Surfside Beach, adopted as Ordinance No. 2000-18 (Plan),
as consistent with state law. The adopted amendment also corrects minor grammatical
changes by deleting several obsolete and unnecessary conjunctions.
Pursuant to the Open Beaches Act (Texas Natural Resources Code, Chapter
61), the Dune Protection Act (Texas Natural Resources Code, Chapter 63), and
the Beach/Dune Rules (31 TAC §§15.1 through 15.11), a local government
with jurisdiction over public beaches fronting the Gulf of Mexico must submit
a plan to the Texas General Land Office. The General Land Office is required
to review such plans and certify by rule those plans which are consistent
with the Open Beaches Act, the Dune Protection Act, and the Beach/Dune Rules.
The Village of Surfside Beach (Village) received a conditional certification
of its plan (adopted December 3, 1993) with the requirement that it modify
its plan to comply with state law. On December 12, 2000, the city council
of the Village adopted as Ordinance No. 2000-18, the Dune Protection and Beach
Access Plan of the Village of Surfside Beach. The Village modified its plan
in response to comments from the General Land Office and in accordance with
state law.
The justification for adoption of the amendment is that the approved plan
provides for preservation and enhancement of public beach use and increases
availability of resources dedicated to beach related services and facilities.
In addition, the plan is organized better and is easier for the members of
the public owning beach front property to understand. Denial of certification
would prohibit construction within the Village impacting critical dune areas.
No comments were received regarding the proposed amendment and there were
no requests for the Takings Impact Assessment prepared by the General Land
Office.
The amendment is adopted under the Texas Natural Resources Code, §§61.011,
61.015(b), and 61.022(c) which provide the Land Office with the authority
to adopt rules to preserve and enhance the public's right to use and have
access to and from the public beaches of Texas; and Texas Natural Resources
Code, §63.121 which provides the Land Office with authority to adopt
rules for the identification and protection of critical dune areas.
Texas Natural Resources Code, §§61.011, 61.015(b), 61.022(c),
and 63.121 are affected by the adopted 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)
Brazoria County (adopted August 9, 1993, amended September
27, 1993);
(2)
Chambers County (adopted August 9, 1993);
(3)
City of Port Aransas (adopted February 15, 1995);
(4)
City of Port Arthur (adopted April 12, 1993);
(5)
Jefferson County (adopted August 16, 1993, amended March
7, 1994);
(6)
Matagorda County (adopted February 13, 1995). The General
Land Office certifies that the Beach User Fees section of the Matagorda County
plan adopted by the Matagorda County Commission Court on March 15, 1999, is
consistent with state law.
(7)
Town of Quintana (adopted August 11, 1993);
(8)
Village of Jamaica Beach (adopted August 16, 1993, amended
December 6, 1993);
(9)
Town of South Padre Island (adopted October 5, 1994);
(10)
City of Corpus Christi (adopted August 10, 1993);
(11)
Cameron County:
(A)
Plan (adopted September 20, 1994). The 440-foot building
line established in the Cameron County plan, Section III.I, shall not be operative
unless it is landward of the line of vegetation. The line of vegetation shall
be established as required in the Open Beaches Act, Texas Natural Resources
Code, §61.017.
(B)
Padre Shore Ltd. Final Master Plan Amendment (adopted November
5, 1996).
(12)
Nueces County
(A)
Plan (adopted March 25, 1992, amended October 23, 1996).
(B)
La Concha master plan. 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)
Palms at Waters Edge master plan: 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)
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.
(13)
Village of Surfside Beach (adopted December 12, 2000).
(b)
Conditional certification of local government plans. The
following local governments have submitted plans to the General Land Office
which are conditionally certified as consistent with state law.
(1)
City of Galveston (adopted August 12, 1993, amended February
9, 1995, and amended June 19, 1997.).
(A)
This certification is valid for 180 days, during which
time the City of Galveston will modify its plan consistent with the General
Land Office comments submitted to the City of Galveston (October 14, 1993).
(B)
This certification includes a variance from §§15.4(c)(8),
15.5(b)(3), and 15.6(f)(3) of this title, (relating to Dune Protection Standards,
Beachfront Construction Standards, and Concurrent Dune Protection and Beachfront
Construction Standards). The City of Galveston's plan:
(i)
provides that paving or altering the ground below the lowest
habitable floor is prohibited in the area between the line of vegetation and
25 feet landward of the north toe of the dune;
(ii)
provides that paving used under the habitable structure
and for a driveway connecting the habitable structure and the street is limited
to the use of unreinforced fibercrete in 4 feet by 4 feet sections, which
shall be a maximum of four inches thick with sections separated by expansion
joists, or pervious materials approved by the City Department of Planning
and Transportation, in that area 25 feet landward of the north toe of the
dune to 200 feet landward of the line of vegetation;
(iii)
assesses a "Fibercrete Maintenance Fee" of $200.00 to
be used to pay for the clean-up of fibercrete from the public beaches, should
the need arise; and
(iv)
allows the use of reinforced concrete in that area landward
of 200 feet from the line of vegetation.
(2)
Galveston County (adopted August 16, 1993). This certification
is valid for 180 days, during which time Galveston County will modify its
plan consistent with the General Land Office comments submitted to Galveston
County (October 18, 1993).
(c)
Implementation of conditionally certified plans. Local
governments are required to implement conditionally certified plans consistent
with the Texas Natural Resources Code, Chapters 61 and 63, and the General
Land Office rules for management of the beach/dune system, §§15.1-15.10
of this title (relating to Management of the Beach/Dune System).
(d)
Removal of conditions of certification.
(1)
Local governments shall submit their modified plans on
or before the expiration of the 180-day time period. The General Land Office
shall provide to the pertinent local government a determination as to the
sufficiency of the modification(s) within 60 days of receipt of the plan.
The General Land Office will remove all conditions of the plan's certification
by amending this subsection. Such amendments will list the name of the pertinent
local government in subsection (a) of this section, and delete the same from
subsection (b) of this section. If the General Land Office determines that
modifications of plans are insufficient, the General Land Office shall provide
specific exceptions to the modifications. If those portions of the plan to
which the General Land Office has noted exceptions can be addressed through
further comment, plan revision and review, conditional certification will
be reissued pursuant to a General Land Office amendment to this subsection,
subject to further plan modification.
(2)
In the event that a local government chooses not to modify
its plan as requested in the General Land Office comments, the local government
shall provide in writing the scientific or legal justification as to why such
modifications are not feasible. The justification shall be submitted to the
General Land Office on or before the due date of the revised plan. The justification
will be reviewed by the General Land Office, and a determination as to the
sufficiency of the justification will be provided to the local government
within 60 days of receipt by the General Land Office. Local government plans
shall continue in effect under conditional certification until the sufficiency
of the justification is resolved or this section is amended.
(e)
Withdrawal of conditional certification. Conditional certification
of a local government plan shall be withdrawn by the General Land Office after
the 180-day time period if the pertinent local government does not submit
to the General Land Office either a formally adopted plan which has been modified
consistent with General Land Office comments or the written scientific or
legal justification as to why such modification is not feasible. In any event,
withdrawal of conditional certification shall only occur after the General
Land Office adopts an amendment to this subsection withdrawing conditional
certification, with accompanying specific reasons, and the General Land Office
has given the pertinent local government written notice of the withdrawal
of the conditional certification.
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 June 8, 2001.
TRD-200103211
Larry Soward
Chief Clerk
General Land Office
Effective date: June 28, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 305-9129