31 Tex. Admin. Code § 13.21 - State-Owned Riverbeds and Beds of Navigable Streams
(a) The commissioner may grant easements or
leases for commercial and non-commercial improvements constructed on, across,
through or under non-tidally influenced state-owned riverbeds and beds of
navigable streams in the public domain, for bridges and those structures and
purposes specifically enumerated in Texas Natural Resources Code §
51.291 and §
51.292.
(b) The fees for such instruments shall be
determined in accordance with §
13.17 of this title (relating to
Fees for Right-of-Way Easement) and §
13.18 of this title (relating to
Fees for Surface Leases for Certain Facilities).
(c) Certain private, non-commercial
improvements and structures which were constructed prior to September 1, 1993,
and which are located upon state-owned riverbeds or beds of navigable streams,
such as dams, low water crossings, docks, piers, groins, bulkheads, guy and
tie-down cables, boat houses or similar structures, are considered properly
permitted in accordance with the provisions of Texas Natural Resources Code §
51.302(a)
without further action on the part of the owner or payment of fee set forth in
this chapter.
(d) Any modification
of the improvements contemplated in subsection (c) of this section made after
September 1, 1993 which results in an expansion of the footprint occupied by
those improvements upon state land shall automatically void the permit granted
by that subsection, requiring the owner or possessor of such facility or
structure to obtain from the commissioner an easement, lease, permit or other
instrument in accordance with Texas Natural Resources Code Chapters 33 or 51,
and may subject the facility or structure to the provisions of Texas Natural
Resources Code §
51.302 and §
51.3021,
related to penalties for and the removal of unauthorized structures on state
lands.
(e) In an action under Texas
Natural Resources Code §
51.302 or §
51.3021, the
person who constructs or maintains the structure or facility has the burden of
demonstrating that it was constructed prior to September 1, 1993.
(f) Nothing contained in this section shall
be construed so as to limit the authority of the commissioner contained in
Texas Natural Resources Code Chapters 33 or 51.
Notes
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