RAPID/Roadmap/13-TX-a

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Texas State Land Use Assessment (13-TX-a)

The Texas General Land Office (GLO) is in charge of making sure construction on the Texas coast that affects the beach and dunes is performed according to state law. Both the Open Beaches Act and the Dune Protection Act are designed to help local property owners and communities protect and preserve beaches so that all Texans have unrestricted access to the beach, while also maintaining an environmentally healthy beach/dune system. (GLO Beachfront Construction Website).


State Land Use Assessment Process

13-TX-a.1 - Will the Project Be Seaward of the Dune Protection Line?

A Dune Protection Permit is required if the proposed construction is seaward of the local dune protection line. This ensures the protection of dunes and dune vegetation. Local governments issue Dune Protection Permits. (GLO Beachfront Construction Website). (Local governments have the responsibility to establish dune protection lines for the purpose of preserving sand dunes within their jurisdiction. Beach Dune Rules Sec. 15.3(d)).

Note: Under the Beach Dune Rules Sec. 15.3(s)](2)(a) the exploration for and production of oil and gas is exempted from the Dune Protection permit requirement. If the GLO decides to include geothermal in the oil and gas regulatory scheme, the Dune Protection Permit may not apply to geothermal exploration and production.

13-TX-a.2 - Will the Project Be Within 1000 ft of Mean High Tide or between mean high tide and the nearest public road?

Local governments in conjunction with the GLO issue or review permits for coastal construction associated with the Open Beaches Act and the Dune Protection Act. This certificate is required if the proposed construction is within 1,000 feet landward from mean high tide or to the nearest public road, whichever is greater. This ensures that the construction does not restrict access to or use of the beach by the public. Local governments issue Beachfront Construction Certificates. (Beach Dune Rules Sec. 15.3(s)(3), GLO Beachfront Construction Website).

13-TX-a.3 - Continue with Project

13-TX-a.4 - Contact Local Permitting Authority to Apply for Dune Protection Permit and/or Beachfront Construction Certificate

Contact the local permitting authority (municipality, city or county) to apply for a Beachfront Construction Certificate and/or a Dune Protection Permit. (List of Local Permitting Authorities).

13-TX-a.5 - Dune Protection Permit and/or Beachfront Construction Certificate Application Materials

The GLO provides a Permit Requirement Checklist to help the developer compile the necessary information.

13-TX-a.6 - Review Application Materials

13-TX-a.7 - Completed Dune Protection Permit and/or Beachfront Construction Certificate

The local authority, after reviewing the application, submits the completed Beachfront Construction Certificate and Dune Protection Permit to the Land Office for review. (Beach Dune Rules Sec. 15.3(s)(6), GLO Beachfront Construction Website).

13-TX-a.8 - Review Permit/Application Materials

The GLO reviews the certificate/permit applications, and considers their consistency with: the Open Beaches Act, Dune Protection Act, Beach Dune Rules, and Local Dune Protection and Beach Access Plans.

13-TX-a.9 - Send Comments to Local Permitting Authority

The GLO provides comments to local authorities within a specified time depending on the scale of the construction.

13-TX-a.10 - Consider GLO Comments

The local authority considers the GLO comments and issues the Beachfront Construction Certificate and Dune Protection Permit to the applicant.

13-TX-a.11 - Does the GLO and the Local Permitting Authority Approve the Permit(s)?

13-TX-a.12 - Appeal

A littoral owner aggrieved by a decision of the commissioners court or governing body of the municipality under this chapter may appeal to a district court in that county. (Dune Protection Act Sec. 63.151).

13-TX-a.13 - Dune Protection Permit and/or Beachfront Construction Certificate




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