31 Tex. Admin. Code § 155.4 - Permits
(a) Issuance. The board may issue permits
authorizing limited continued use of previously unauthorized structures, as
defined in subsection (b) of this section, on coastal public lands, where such
use is sought by one claiming an interest in any such structure but is not
incident to the ownership of littoral property. This section is not intended to
limit the authority granted to the commissioner or the board in the management
of the surface estate in coastal public lands, or to be the exclusive means by
which the commissioner or board may grant permission for the use of coastal
public lands.
(b) Definition. A
structure under this section shall be defined as any housing, capable of
residential use or which otherwise would typically be considered an improvement
on real property, which is in any manner attached or affixed to coastal public
land and is not associated with the ownership of littoral property.
(c) Criteria. The board may not:
(1) grant any permit which would be in
violation of the public policy of this state as expressed in these sections and
regulations;
(2) grant more than
one permit per person, immediate family, organization, company, or group;
or
(3) grant any permit for
dilapidated or derelict structures. This provision shall not prohibit the
issuance of a new contract for a previously abandoned structure, provided that
the permit holder agrees to rebuild or relocate the structure within one year
of contract issuance.
(d) Interest claim. Any person seeking to
obtain an interest in a structure shall apply to the board for a permit. The
application shall be accompanied by the appropriate fees, as set forth in §
155.15 of this title (relating to
Fees), and any documentation requested by the board.
(e) Board approval. The board may approve,
deny, or approve with qualifications an application for a permit. If an
application is approved by the board, the appropriate contract forms and
related materials shall be forwarded to the applicant for completion. The board
may include in its approval any provisions deemed necessary to protect the
state's interest in coastal public lands and the public welfare.
(f) Renewal. The board may, at its
discretion, renew a permit upon receipt of a renewal request and the required
fees from the current permit holder if all previous contractual conditions have
been met. The commissioner may approve a permit renewal request without board
approval if the request is consistent with the criteria as set forth in
subsection (c) of this section, provided that the permit holder has not made or
proposed modifications to the permitted structure(s) that constitute major
repairs other than a modification that reduces the dimensions of the
structure(s). If the commissioner approves a renewal request, the appropriate
contract forms and related materials shall be forwarded to the permittee for
completion. The commissioner may include in his approval any provisions deemed
necessary to protect the state's interest in coastal public lands and the
public welfare.
(g) Transfer. The
board may, at its discretion, approve the transfer of a permit upon receipt of
a transfer request, provided that all required fees have been paid and all
previous contractual conditions have been met.
(h) Major repairs. Any action which alters
the square footage of an existing permitted structure shall be considered a
major repair and shall require prior approval from the board. The board may
approve, deny, or approve with qualifications a request for major repairs to,
or for the rebuilding of, a permitted structure. Examples of major repairs
include, but are not limited to:
(1)
modification or renovation work which alters the dimensions of structures
currently in existence;
(2) the
addition of any structure to an existing permitted facility;
(3) the relocation of any structure or
facility from its permitted location; or
(4) any activity requiring dredging or
filling.
(i) Minor
repairs. Minor repairs may be made to a permitted structure without prior
approval of the board. Minor repairs shall include routine repairs to existing
docks, piers, and the structure, and other normal maintenance required to
maintain a structure in a safe and secure manner but which does not alter the
authorized dimensions. Examples of minor repairs include, but are not limited
to:
(1) replacement of tin or shingles on
roofs, boards on floors, walls, walkways, or decks when the structural
dimensions are not increased;
(2)
replacement of pilings or other structural members that do not require dredging
or filling;
(3) painting and
maintenance activities; and
(4)
addition of windows, doors, or rails to an existing structure.
(j) Abandoned structures.
Structures determined by the board to be abandoned may be removed from coastal
public lands or permitted to an interested party through a competitive bid
process approved by the board. Structures may be considered abandoned if:
(1) no response is received to a notice
posted on the structure citing the Act which requires board authorization for
the structure, and containing a request that the interest holder contact the
General Land Office (GLO) within a specified period of time;
(2) the interest holder in an unpermitted
structure fails to complete the permit application process within 60 days after
contact with the GLO has been made; or
(3) all reasonable attempts to contact a
permit holder at the last known address have failed.
(k) Issuance of permits to new permit holders
for structures determined to be abandoned or for which the permit was
terminated by the board for cause. Structures determined by the board to be
abandoned or for which the interest of the previous permit holder was
terminated for cause may be permitted to an interested party through a
competitive bid process approved by the board in accordance with this
subsection.
(1) Nominations of structures for
permitting. The board, GLO staff, or persons seeking to obtain an interest in a
specific structure may nominate for permitting a structure determined by the
board to be abandoned or for which the interest of the previous permit holder
was terminated for cause. Nominated structures will be evaluated by GLO coastal
leasing staff as to suitability for permitting, including consideration of such
factors as location, impacts to natural resources, and condition of the
structure. GLO staff may recommend relocation or rebuilding of a structure
nominated for permitting.
(2)
Advertising of availability of nominated structures for permitting. The board
will set the terms and conditions upon which nominated structures will be
offered for permitting. These terms will be advertised and bids
taken.
(3) Competitive bids for
permitting of nominated structures. Competitive bids may be received by the
board. Anyone who notified the GLO, in writing, of a desire to obtain an
interest in a particular nominated structure before the terms are advertised,
will be furnished a bid package at least 10 business days prior to the date set
for awarding of the permit for a nominated structure. Bid proposals for permits
for nominated structures must specify and describe the design of the structure
proposed and must be submitted with the prospective bidder's payment of his bid
offer for the bonus payment and filing fee.
(4) Permit fees for nominated structures. The
appropriate filing fee, bonus payment, new contract issuance fee, and annual
fee for nominated structures will be determined as provided by §
155.15 of this title (relating to
Fees).
(5) Awards. After evaluation
of all proposals, including consideration of such factors as the prospective
bidder's compliance with the board's structure design guidelines and compliance
history relating to structures on coastal public land, the board may award a
permit for a nominated structure to the bidder submitting the proposal
determined by the board to be in the best interests of the state.
(6) Improvements. Any structure to be
constructed in accordance with a permit issued pursuant to this bid process is
the property of the State of Texas, as provided in the Texas Natural Resources
Code, §
33.131.
(l) General provisions. Each
permit issued by the board or commissioner shall be subject to the following
general provisions.
(1) The permit number must
be displayed on the structure in block numerals no less than 10 inches high.
The numerals must be readily visible from the normal route of access and should
be of a color that contrasts with the color of the structure. Decals, paint, or
metal numerals may be used.
(2) All
structures on coastal public lands shall be subject to inspection at any time
by the board or its authorized representatives without prior notice to the
permit holder.
(3) All structures
shall be maintained in good repair and safe condition, and shall be kept in a
clean and sanitary condition acceptable to the state.
(4) No domestic or wild animals of any type
shall be permanently released upon state-owned islands. Domestic animals shall
be prevented from disturbing nesting birds on state-owned islands.
(5) An applicant, by accepting a permit for a
structure on coastal public land, agrees and consents to the following:
(A) to comply with all regulations which the
board determines to be necessary and proper for the protection, conservation,
and orderly development of coastal public lands;
(B) to indemnify the State of Texas against
any and all liability for damage to life, person, or property arising from the
permittee's occupation and use of the area covered by the interest granted;
and
(C) to keep the commissioner of
the GLO informed at all times of his or her current mailing address and
telephone number.
(6)
The approval of a structure permit by the board or commissioner grants
exclusive rights to the permit holder for the permitted structure only, and
does not prevent the board or commissioner from issuing other grants of
interest for the same area or implementing specific land management practices
at their discretion.
Notes
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