31 Tex. Admin. Code § 15.2 - Definitions
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Affect--As
used in this subchapter regarding dunes, dune vegetation, and the public beach,
"affect" means to produce an effect upon dunes, dune vegetation, or public
beach use and access.
(2)
Amenities--Any non habitable major structure including, but not limited to,
swimming pools, decks, bathhouses, detached garages, cabanas, pipelines, piers,
canals, lakes, ditches, artificial runoff channels and other water retention
structures, sidewalks, roads, streets, highways, parking areas and other paved
areas (exceeding 144 square feet in area), underground storage tanks, and
similar structures.
(3)
Applicant--Any person applying to a local government for a permit and/or
certificate for any construction or development plan.
(4) Backdunes--The dunes located landward of
the foredune ridge which are usually well vegetated but may also be unvegetated
and migratory. These dunes supply sediment to the beach after the foredunes and
the foredune ridge have been destroyed by natural or human
activities.
(5) Beach access--The
right to use and enjoy the public beach, including the right of free and
unrestricted ingress and egress to and from the public beach.
(7) Beach/dune system--The
land from the line of mean low tide of the Gulf of Mexico to the landward limit
of dune formation.
(8) Beach
maintenance--The cleaning or removal of debris from the beach or redistribution
of seaweed on the beachfront by handpicking, raking, or mechanical
means.
(9) Beach profile--The shape
and elevation of the beach as determined by surveying a cross section of the
beach.
(10) Beach-related
services--Reasonable and necessary services and facilities directly related to
the public beach which are provided to the public to ensure safe use of and
access to and from the public beach, such as vehicular controls, management,
and parking (including acquisition and maintenance of off-beach parking and
access ways); sanitation and litter control; lifeguarding and lifesaving; beach
maintenance; law enforcement; beach nourishment projects; beach/dune system
education; beach/dune protection and restoration projects; providing public
facilities such as restrooms, showers, lockers, equipment rentals, and picnic
areas; recreational and refreshment facilities; liability insurance; and staff
and personnel necessary to provide beach-related services. Beach-related
services and facilities shall serve only those areas on or immediately adjacent
to the public beach.
(11) Beach
user fee--A fee collected by a local government in order to establish and
maintain beach-related services and facilities for the preservation and
enhancement of access to and from and safe and healthy use of public beaches by
the public.
(12) Beachfront
construction certificate or certificate--The document issued by a local
government that certifies that the proposed construction either is consistent
with the local government's dune protection and beach access plan.
(13) Blowout--A breach in the dunes caused by
wind erosion.
(14) Breach--A break
or gap in the continuity of a dune caused by wind or water.
(15) Bulkhead--A structure or partition built
to retain or prevent the sliding of land. A secondary purpose is to protect the
upland against damage from wave action.
(16) Coastal and shore protection project--A
project designed to slow shoreline erosion or enhance shoreline stabilization,
including, but not limited to, erosion response structures, beach nourishment,
sediment bypassing, construction of man-made vegetated mounds, and dune
revegetation.
(17) Coastal public
land--Has the meaning assigned by Texas Natural Resource Code,
§33.004.
(18) Commercial
facility--Any structure used for providing, distributing, and selling goods or
services in commerce including, but not limited to, hotels, restaurants, bars,
rental operations, and rental properties.
(19) Construction--Causing or carrying out
any building, bulkheading, filling, clearing, excavation, or substantial
improvement to or alteration of land or the size of any structure, or removal
or demolition of a structure. "Building" includes, but is not limited to, all
related site work and placement of construction materials on the site.
"Filling" includes, but is not limited to, disposal of dredged materials.
"Excavation" includes, but is not limited to, removal or alteration of dunes
and dune vegetation and scraping, grading, or dredging a site. "Substantial
improvements to or alteration of land or the size of any structure" include,
but are not limited to, creation of vehicular or pedestrian trails, landscape
work and fencing (that may adversely affect public access, dunes or dune
vegetation), and increasing the size of any structure.
(20) Coppice mounds--The initial stages of
dune growth formed as sand accumulates on the downwind side of plants and other
obstructions on or immediately adjacent to the beach seaward of the foredunes.
Coppice mounds may be unvegetated.
(21) Critical dune areas--Those portions of
the beach/dune system as designated by the General Land Office that are located
within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes
and dune complexes that are essential to the protection of public beaches,
submerged land, and state-owned land, such as public roads and coastal public
lands, from nuisance, erosion, storm surge, and high wind and waves. Critical
dune areas include, but are not limited to, the dunes that store sand in the
beach/dune system to replenish eroding public beaches.
(22) Cumulative impact--The effect on beach
use and access, on a critical dune area, or an area seaward of the dune
protection line which results from the incremental effect of an action when
added to other past, present, and reasonably foreseeable future actions
regardless of what agency or person undertakes such other actions. Cumulative
effects can result from individually minor but collectively significant actions
taking place over a period of time.
(23) Dedication--Includes, but is not limited
to, a restrictive covenant, permanent easement, and fee simple
donation.
(24) Dune--An emergent
mound, hill, or ridge of sand, either bare or vegetated, located on land
bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the
windward transport of sediment, but can also be created via man-made vegetated
mounds. Natural dunes are usually found adjacent to the uppermost limit of wave
action and are usually marked by an abrupt change in slope landward of the dry
beach. The term includes coppice mounds, foredunes, dunes comprising the
foredune ridge, backdunes, and man-made vegetated mounds.
(25) Dune complex or dune area--Any emergent
area adjacent to the waters of the Gulf of Mexico in which several types of
dunes are found or in which dunes have been established by proper management of
the area. In some portions of the Texas coast, dune complexes contain
depressions known as swales.
(26)
Dune Protection Act--Texas Natural Resources Code, §§
63.001, et
seq.
(27) Dune protection and beach
access plan or plan--A local government's legally enforceable program,
policies, and procedures for protecting dunes and dune vegetation and for
preserving and enhancing use of and access to and from public beaches, and for
reducing public expenditures for erosion and storm damage losses, as required
by Texas Natural Resources Code Chapters 61 and 63 and Texas Natural Resources
Code §
33.607.
(28) Dune protection line--A line established
by a county commissioners court or the governing body of a municipality for the
purpose of preserving, at a minimum, all critical dune areas identified by the
General Land Office pursuant to the Dune Protection Act, §63.011, and §
15.3(f) of this
title (relating to Administration). A municipality is not authorized to
establish a dune protection line unless the authority to do so has been
delegated to the municipality by the county in which the municipality is
located. Such lines will be located no farther than 1,000 feet landward of the
mean high tide of the Gulf of Mexico.
(29) Dune protection permit or permit--The
document issued by a local government to authorize construction or other
regulated activities in a specified location seaward of a dune protection line
or within a critical dune area, as provided in the Texas Natural Resources
Code, §
63.051.
(30) Dune vegetation--Flora indigenous to
natural dune complexes, and growing on naturally-formed dunes or man-made
vegetated mounds on the Texas coast and can include coastal grasses and
herbaceous and woody plants.
(31)
Effect or effects--"Effects" include: direct effects--those impacts on public
beach use and access, on critical dune areas, or on dunes and dune vegetation
seaward of a dune protection line which are caused by an action and occur at
the same time and place; and indirect effects--those impacts on beach use and
access, on critical dune areas, or on dunes and dune vegetation seaward of a
dune protection line which are caused by an action and are later in time or
farther removed in distance than a direct effect, but are still reasonably
foreseeable. Indirect effects may include growth inducing effects and other
effects related to induced changes in the pattern of land use, population
density, or growth rate, and related effects on air and water and other natural
systems, including ecosystems. "Effects" and "impacts" as used in this
subchapter are synonymous. "Effects" may be ecological (such as the effects on
natural resources and on the components, structures, and functioning of
affected ecosystems), aesthetic, historic, cultural, economic, social, or
health, whether direct, indirect, or cumulative.
(32) Eroding area--A portion of the shoreline
which is experiencing an historical erosion rate of greater than two feet per
year based on published data of the University of Texas at Austin, Bureau of
Economic Geology. Local governments may establish an "eroding area boundary" in
beach/dune plans; this boundary shall be whichever distance landward of the
line of vegetation is greater: 200 feet, or the distance determined by
multiplying 50 years by the annual historical erosion rate (based on the most
recent data published by the University of Texas at Austin, Bureau of Economic
Geology).
(33) Erosion--The wearing
away of land or the removal of beach and/or dune sediments by wave action,
tidal currents, wave currents, drainage, or wind. Erosion includes, but is not
limited to, horizontal recession and scour and can be induced or aggravated by
human activities.
(34) Erosion
response structure--A hard or rigid structure built for shoreline stabilization
which includes, but is not limited to, a jetty, groin, breakwater, bulkhead,
seawall, riprap, rubble mound, revetment, or the foundation of a structure
which is the functional equivalent of these specified structures.
(35) FEMA--The United States Federal
Emergency Management Agency. This agency administers the National Flood
Insurance Program and publishes the official flood insurance rate
maps.
(36) Fibercrete--Unreinforced
concrete, consisting of a combination of pulped paper, or other cellulose-based
raw material, and binders such as lime, cement, and/or clay.
(37) Foredune ridge--The high continuous line
of dunes which are usually well vegetated and rise sharply landward of the
foredune area but may also rise directly from a flat, wave-cut beach
immediately after a storm.
(38)
Foredunes--The first clearly distinguishable, usually vegetated, stabilized
large dunes encountered landward of the Gulf of Mexico. On some portions of the
Texas Gulf Coast, foredunes may also be large, unvegetated, and unstabilized.
Although they may be large and continuous, foredunes are typically hummocky and
discontinuous and may be interrupted by breaches and washover areas. Foredunes
offer the first significant means of dissipating storm-generated wave and
current energy issuing from the Gulf of Mexico. Because various heights and
configurations of dunes may perform this function, no standardized physical
description applies. Foredunes are distinguishable from surrounding dune types
by their relative location and physical appearance.
(39) Habitable structure footprint--The area
of a lot covered by a structure used or usable for habitation. The habitable
structure footprint does not include uncovered stairs and decks, incidental
projecting eaves, balconies, ground-level paving, landscaping, open
recreational facilities (for example, pools and tennis courts), or other
similar features.
(40) Habitable
structures--Structures suitable for human habitation including, but not limited
to, single or multi-family residences, hotels, condominium buildings, and
commercial facilities. Each building of a condominium regime is considered a
separate habitable structure, but if a building is divided into apartments,
then the entire building, not the individual apartments, is considered a single
habitable structure. Additionally, a habitable structure includes porches or
gazebos, and other attached improvements.
(41) Industrial facilities--Include, but are
not limited to, those establishments listed in Part 1, Division D, Major Groups
20 - 39 and Part 1, Division E, Major Group 49 of the Standard Industrial
Classification Manual as adopted by the Executive Office of the President,
Office of Management and Budget (1987 ed.). However, for the purposes of this
subchapter, the establishments listed in Part 1, Division D, Major Group 20,
Industry Group Number 209, Industry Numbers 2091 and 2092 are not considered
"industrial facilities." These establishments are listed in "Appendix I"
attached to this section.
(42)
Large-scale construction--Construction activity greater than 5,000 square feet
or habitable structures greater than two stories in height. Both the area
beneath the lowest habitable level of an elevated structure and a cupola (i.e.
"widow's walk") with an area of 400 square feet or less on the top of the
second habitable story are not considered stories for the purpose of this
section. Multiple-family habitable structures are typical of this type of
construction.
(43) Line of
vegetation--The extreme seaward boundary of natural vegetation which spreads
continuously inland. The line of vegetation is typically used to determine the
landward extent of the public beach.
(44) Local government--A municipality,
county, any special purpose district, any unit of government, or any other
political subdivision of the state.
(45) Man-made vegetated mound--A mound, hill,
or ridge of sand created by the deliberate placement of sand or sand trapping
devices including sand fences, trees, or brush and planted with dune
vegetation.
(46) Master plan--A
plan developed by the applicant in consultation with the General Land Office,
the applicant or applicants, and the local government, for the development of
an area subject to the beach/dune rules, as identified in §
15.3 of this title (relating to
Administration). The master plan shall fully describe in narrative form the
proposed development and all proposed land and water uses, and shall include
maps, drawings, and tables, and other information, as needed. The master plan
must, at a minimum, fully describe the general geology and geography of the
site, land and water use intensities, size and location of all buildings,
structures, and improvements, all vehicular and pedestrian access ways, and
parking or storage facilities, location and design of utility systems, location
and design of any erosion response structures, retaining walls, or stormwater
treatment management systems, and the schedule for all construction activities
described in the master plan. The master plan shall comply with the Open
Beaches Act and the Dune Protection Act. The master plan shall provide for
overall compliance with the beach/dune rules, but may vary from the specific
standards, means and methods provided in the beach/dune rules if the degree of
dune protection and the public's right to safe and healthy use of and access to
and from the public beach are preserved. If all impacts to dunes, dune
vegetation and public beach use and access are accurately identified, local
governments shall not require permits or certificates for construction on the
individual lots within the master plan area. Master plans are intended to
provide a comprehensive option for planning along the Texas coast.
(47) Material changes--Changes in project
design, construction materials, or construction methods or in the condition of
the construction site which occur after an application is submitted to a local
government or after the local government issues a permit or certificate.
Material changes are those additional or unanticipated changes which may have
caused or may cause adverse effects on dunes, dune vegetation, or beach access
and use, or exacerbation of erosion on or adjacent to the construction
site.
(48) Meteorological
Event--Atmospheric conditions or phenomena resulting in avulsion, erosion,
accretion, or other impacts to the shoreline that alter the location of the
line of vegetation.
(49) Mitigation
sequence--The series of steps which must be taken if dunes and dune vegetation
will be adversely affected. First, such adverse effects shall be avoided.
Second, adverse effects shall be minimized. Third, the dunes and dune
vegetation adversely affected shall be repaired, restored, or replaced. Fourth,
the dunes and dune vegetation adversely affected shall be replaced or
substituted to compensate for the adverse effects.
(50) National Flood Insurance Act--
42 United States Code, §§
4001, et seq.
(51) Natural resources--Land, fish, wildlife,
insects, biota, air, surface water, groundwater, plants, trees, habitat of
flora and fauna, and other such resources.
(52) Off-highway vehicle--Has the meaning
assigned by § 551A.001, Transportation Code.
(53) Open Beaches Act--Texas Natural
Resources Code, §§
61.001, et
seq.
(54) Owner or operator--Any
person owning, operating, or responsible for operating commercial or industrial
facilities.
(55) Permit or
certificate condition--A requirement or restriction in a permit or certificate
necessary to assure protection of life, natural resources, property, and
adequate beach use and access rights which a permittee must satisfy in order to
be in compliance with the permit or certificate.
(56) Permittee--Any person authorized to act
under a permit or a certificate issued by a local government.
(57) Person--An individual, firm,
corporation, association, partnership, consortium, joint venture, commercial
entity, United States Government, state, municipality, commission, political
subdivision, or any international or interstate body or any other governmental
entity.
(58) Pipeline--A tube or
system of tubes used for the transportation of oil, gas, chemicals, fuels,
water, sewerage, or other liquid, semi-liquid, or gaseous substances.
(59) Practicable--In determining what is
practicable, local governments shall consider the effectiveness, scientific
feasibility, and commercial availability of the technology or technique. Local
governments shall also consider the cost of the technology or
technique.
(60) Production and
gathering facilities--The equipment used to recover and move oil or gas from a
well to a main pipeline, or other point of delivery such as a tank battery, and
to place such oil or gas into marketable condition. Included are pipelines used
as gathering lines, pumps, tanks, separators, compressors, and associated
equipment and roads.
(61) Project
area--The portion of a site or sites which will be affected by proposed
construction.
(62) Public beach--As
used in this subchapter, "public beach" is defined in the Texas Natural
Resources Code, §
61.013(c).
(63) Recreational activity--Includes, but is
not limited to, hiking, sunbathing, and camping. As used in §
15.3(s)(2)(C) of
this title (relating to Administration), recreational activities are limited to
the private activities of the person owning the land and the social guests of
the owner. Operation of recreational vehicles is not considered a recreational
activity, whether private or public.
(64) Recreational vehicle--A dune buggy,
marsh buggy, minibike, trail bike, jeep, off-highway vehicle as defined by §
551A.001, Transportation Code, or any other mechanized vehicle used for
recreational purposes, but does not include a vehicle that is not being used
for recreational purposes.
(65)
Restoration--Repair or replacement of dunes or dune vegetation, or restoring a
site to compliance with applicable requirements, including removal or abatement
of unauthorized construction or structures, as those terms defined in this
section.
(66) Retaining wall--A
structure designed to contain or which primarily contains material or prevents
the sliding of land. Retaining walls may collapse under the forces of normal
wave activity.
(67) Sand
budget--The amount of all sources of sediment, sediment traps, and transport of
sediment within a defined area. From the sand budget, it is possible to
determine whether sediment gains and losses are in balance.
(68) Seawall--An erosion response structure
specifically designed to or which will withstand wave forces.
(69) Seaward of a dune protection line--The
area between a dune protection line and the line of mean high tide.
(70) Small-scale construction--Construction
activity less than or equal to 5,000 square feet or habitable structures less
than or equal to two stories in height. Both the area beneath the lowest
habitable level of an elevated structure and a cupola (i.e. "widow's walk")
with an area of 400 square feet or less on the top of the second habitable
story are not considered stories for the purpose of this section. Single-family
habitable structures are typical of this type of construction.
(71) Structure--Includes, without limitation,
any building or combination of related components constructed in an ordered
scheme that constitutes a work or improvement constructed on or affixed to
land.
(72) Swales--Low areas within
a dune complex located in some portions of the Texas coast which function as
natural rainwater collection areas and are an integral part of the dune
complex.
(73) Unique flora and
fauna--Endangered or threatened plant or animal species listed pursuant to 16
United States Code Annotated, §1531 et seq., the Endangered Species Act of
1973, and/or the Parks and Wildlife Code, Chapter 68, or any plant or animal
species that a local government has determined in their local beach/dune plan
are rare or uncommon.
(74) Washover
areas--Low areas that are adjacent to beaches and are inundated by waves and
storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal
channels or where foredunes are poorly developed or breached by storm tides and
wind erosion.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.