Section 15.12 - Temporary Orders Issued by the Land Commissioner(a) Purpose. The purpose of this section is to provide standards and procedures after a meteorological event for the temporary suspension under § 61.0185 of the Texas Natural Resources Code of enforcement of the prohibition against encroachments on and interferences with the public beach easement and suspension under § 61.0171 of the Texas Natural Resources Code of line of vegetation determinations where the natural line of vegetation has been obliterated. This rule is promulgated under the authority of § 61.011(d) of the Texas Natural Resources Code.(b) Definitions. In addition to the definitions contained in § 15.2 of this title (relating to Definitions), the following words and terms, as used in this section, shall have the following meanings:(1) Beach debris--Anything that is not native to the beach and beach/dune system, as described in § 15.11(b) of this title (relating to Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach).(2) Boundary of the public beach--The landward edge of the public beach, as described in § 15.3(b) of this title (relating to Administration) or this section, or an order issued under this section or § 15.13 of this title (relating to Disaster Recovery Orders).(3) Habitable--The condition of the premises, as described in § 15.11(b) of this title.(4) House--A single or multi-family structure, as described in § 15.11(b) of this title.(c) Any order issued by the commissioner under subsection (d) or (e) of this section shall be:(2) published by the General Land Office as a miscellaneous document in the Texas Register; and:(3) filed by the General Land Office in the real property records of the county in which the structure is located if the order is for suspension of enforcement under subsection (d) of this section.(d) Orders suspending enforcement of the prohibition against encroachments on and interferences with the public beach easement. (1) An order for temporary suspension of enforcement under §61.0185 may be issued for a period of three years. While an order issued under this section is in effect, a local government may issue a certificate or permit authorizing repair of a house subject to the order if the local government determines that the repair: (A) is solely to make the house habitable including reconnecting the house to utilities;(B) does not increase the footprint of the house;(C) does not include the use of impervious material, including, but not limited to, concrete or fibercrete, seaward of the natural line of vegetation;(D) does not include the construction of an enclosed space below the base flood elevation and seaward of the natural line of vegetation;(E) does not include the repair, construction, or maintenance of an erosion response structure seaward of the natural line of vegetation;(F) does not occur seaward of the boundary of coastal public lands; and(G) does not include construction underneath, outside or around the house other than for reasonable access to or structural integrity of the house, provided that such repair does not create and additional obstruction to public use of and access to the beach.(2) Debris on the public beach creates a hazard to public health and safety and can threaten Gulf-facing properties. The GLO is responsible for clearing debris from the public beach in accordance with Texas Natural Resources Code, § 61.067. While an order issued under this section is in effect, a local government with the duty to clean and maintain the public beach shall coordinate with the GLO and, where appropriate, littoral property owners to remove beach debris from the public beach as soon as possible. All beach debris collected from the public beach shall be removed from the beach/dune system and disposed of in an appropriate landfill.(3) While an order issued under this section is in effect, only beach-quality sand may be placed underneath the footprint of the house and in an area up to five feet seaward of the house. The beach-quality sand must remain loose and unconsolidated, and cannot be placed in bags or other formed containment. In addition, the beach-quality sand must be an acceptable mineralogy and grain size when compared to the sediments found in the beach/dune system. The use of clay or clayey material is not allowed.(4) While an order issued under this section is in effect, a local government shall submit the certificate or permit application for repair of a house under this section to the commissioner for review. If the commissioner does not object to or otherwise comment on the application within 10 working days of receipt of the application, the local government may act on the application. Local governments shall require that all permit and certificate applicants fully disclose in the application all items and information necessary for the local government to make an affirmative determination regarding a permit or certificate for repairs. Local governments may require more information, but they shall submit to the Land Office the following information:(A) the name, address, phone number, and, if applicable, electronic mail address of the applicant, and the name of the property owner, if different from the applicant;(B) a complete legal description of the tract and a statement of its size in acres or square feet including the location of the property lines and a notation of the legal description of adjoining tracts;(C) the floor plan, footprint, or elevation view of the house identifying the proposed repairs;(D) photographs of the site that clearly show the current conditions of the site; and(E) an accurate map, site plan, plat, or survey of the site identifying:(i) the site by its legal description, including, where applicable, the subdivision, block, and lot;(ii) the location of the property lines and a notation of the legal description of adjoining tracts, and the location of any roadways, driveways, and landscaping that currently exist on the tract;(iii) the location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract;(iv) the location of the house and the distance between the house and mean high tide, mean low tide, and the line of vegetation; and(v) if known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract.(5) While an order issued under this section is in effect, a local government is responsible for monitoring the repair of the house under this section. Any permit or certificate issued by a local government under this order expires automatically on the date the order expires. Except as provided in §15.11 of the title, local governments may not issue permits or certificates for repairs to houses located on the public beach easement that are not subject to an order issued under this section.(e) Orders suspending line of vegetation determinations where the line of vegetation has been obliterated as a result of a meteorological event.(1) The commissioner may, by order, suspend action on conducting a line of vegetation determination for a period of up to three years from the date the order is issued if the commissioner determines that the line of vegetation was obliterated as a result of a meteorological event.(2) For the duration of the order, the public beach shall not extend inland further than 200 feet from the seaward line of mean low tide as established by a licensed state land surveyor.(3) While an order issued under this section is in effect, a local government may issue a certificate or permit based upon the boundary of the public beach.(4) Following the expiration of an order issued under this section, the commissioner shall make a determination regarding the line of vegetation in accordance with Texas Natural Resources Code, § 61.016 and § 61.017, taking into consideration the effect of the meteorological event on the location of the public beach easement. The commissioner may consult with the Bureau of Economic Geology of The University of Texas at Austin or a licensed state land surveyor and consider other relevant factors when making a determination under this subsection regarding the annual erosion rate for the area of beach subject to the order issued under this section.31 Tex. Admin. Code § 15.12
The provisions of this §15.12 adopted to be effective November 23, 2003, 28 TexReg 10234; amended to be effective August 30, 2006, 31 TexReg 6777; amended to be effective June 12, 2014, 39 TexReg 4482; Amended by Texas Register, Volume 48, Number 18, May 5, 2023, TexReg 2343, eff. 5/8/2023