| (a) Policy. The surface estate in the coastal public
lands of this state constitutes an important and valuable asset dedicated
to the permanent school fund and to all people of Texas. Such estate
shall be managed as follows.
(1) The natural resources of the surface estate in
coastal public lands shall be preserved. Such resources shall be construed
to include the natural aesthetic values of those areas and the value
of such areas in their natural state for the protection and nurture
of all types of marine life and wildlife.
(2) Uses which the public at large may enjoy and in
which they may participate shall take priority over those uses which
are limited to fewer individuals.
(3) The public interest in navigation in the intracoastal
waters shall be protected.
(4) Unauthorized use of coastal public lands shall
be prevented.
(5) Utilization and development of the surface estate
in such lands shall not be allowed unless the public interest as expressed
in the Coastal Public Lands Management Act is not significantly impaired
thereby.
(6) The surface estate in coastal public lands shall
not be alienated except by the granting of leaseholds and lesser interests
therein.
(7) Vested rights in land shall be protected subject
to the paramount authority of the state in the exercise of such rights;
and the orderly use of littoral property in a manner consistent with
the public policy of this state shall not be impaired.
(8) The economic benefits of leases, easements, and
other grants of interests in the surface estate of coastal public
lands shall be weighed against the need to protect and preserve the
resources of coastal public lands.
(9) Rights to use the surface estate of coastal public
lands shall not unduly prevent or interfere in any way with the board's
management or administration of coastal public lands or the board's
authority to grant other rights to coastal public land.
(10) The General Land Office (GLO), may at any time,
inspect any structure located on coastal public land.
(11) If shoreline alteration is proposed, a coastal
boundary survey, as defined in Texas Natural Resources Code §33.136,
and field notes shall be required.
(12) The board may modify or waive the requirements
of any rule or fee set forth herein if such action would be in the
public's best interest as determined by the board.
(b) Scope of rules. These rules set forth the practice
and procedure for administration by the board in granting a lease,
easement, permit, and the registration of a structure on coastal public
lands. All grants of interest are subject to these rules and regulations.
The board may grant the following interest in coastal public lands
for the indicated purposes:
(1) leases for public purposes;
(2) easements for purposes connected with ownership
of littoral property:
(3) permits authorizing limited continued use of heretofore
unauthorized structures on coastal public lands, not connected with
ownership of littoral property;
(4) channel easements to the holder of any surface
or mineral interests in coastal public lands, for purposes necessary
or appropriate to the use of such interests; and
(5) any other interest in coastal public land for any
purpose that the board determines is in the best interest of the state.
(c) If a Department of the Army Corps of Engineers
permit is required for a proposed project, the board may postpone
a decision on the application pending receipt of comments on the work
described in the Corps of Engineers public notice.
(d) Definitions. The following words and terms, when
used in this chapter, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Adjacent littoral property--The property that is
contiguous to and borders the coastal public land upon which the property
interest is sought.
(2) Alignment Bulkheads--Proposed bulkheads which align
with an adjacent, preexisting bulkhead, or bulkheads.
(3) Appraised market value of adjacent littoral property--Fair
market value of the unimproved adjacent littoral property as determined
by the appropriate tax appraisal district.
(4) Basin--A structure used for a commercial or industrial
activity that consists of the area of the land encumbered and any
fixtures attached thereto. This definition includes the construction
and maintenance of marinas, piers, walkways, docks, dolphins, and
wharves and any and all dredged area associated therewith.
(5) Basin formula--The amount of encumbered state land
multiplied by the appraised market value of the adjacent littoral
property multiplied by the submerged land discount multiplied by the
return on investment.
(6) Board--The School Land Board of Texas.
(7) Boathouse--A garage-like enclosed structure built
over water for the purpose of storing watercraft. Boathouses are suitable
for long-term storage and may contain lifts, winches, or other ancillary
docking mechanisms.
(8) Boatlift--A covered or uncovered boat slip with
winch or pulley devices, used for lifting watercraft out of the water;
suitable for long-term storage. The covering structure may not enclose
the slip.
(9) Boat ramp--An inclined structure extending from
the adjacent property or pier into state owned submerged land for
the purpose of launching and retrieving boats. Typically constructed
of concrete or wood.
(10) Boat-skid--A ramp-like device, typically using
2 pieces of wood, used to place watercraft in or remove watercraft
from the water.
(11) Boat slip--An encumbered area of water (covered
or uncovered but not enclosed), formed by adjacent finger piers or
pilings, into which a watercraft is moored or stored. Most suitable
for short-term storage.
(12) Breakwater--A structure of timber, cement, or
other material, either fixed or floating, designed to protect beaches,
bay shorelines, and harbor areas from wave action.
(13) Bulkhead--Structures of timber, steel, concrete,
rock, or similar substance erected parallel to the shoreline for erosion
control purposes.
(14) Coastal area--Refers to the geographic area comprising
all the counties of Texas having any tidewater shoreline including
that portion of the continental bed and waters of the Gulf of Mexico
within the jurisdiction of the State of Texas.
(15) Coastal natural resource area--As defined by Texas
Natural Resource Code §33.203(1).
(16) Coastal public lands--All or any portion of the
state-owned submerged lands, the waters overlying those lands, and
all state-owned islands in coastal area.
(17) Commercial activity--Activity undertaken by a
lessee or any other person with or without consent, which is designed
to enhance or accommodate a venture associated with a revenue generating
activity. This definition excludes industrial activity, but includes
residential uses other than those included in the definition of residential
use, Category III if there is revenue generating activity conducted
on the premises.
(18) Commissioner--The commissioner of the GLO.
(19) Covered second level--A permanently covered (partially
or fully) second story associated with a boathouse or boatlift. Excludes
enclosure of a second story, which is strictly prohibited.
(20) Dilapidated or derelict structure--Any structure
which has deteriorated to an unsafe and/or unusable condition due
to neglect, misuse, or which has been made inhabitable by vandalism
or natural forces, or which or has been abandoned either through neglect
or misuse.
(21) Dredged area--An area that has been made deeper
by the removal or relocation of sediments; dredged areas are considered
to be structures on state-owned submerged land. When dredged areas
are evaluated for permitting purposes, placement of dredged material
must be addressed.
(22) Dredged material--The sediments that have been
removed from a dredged area; initial dredging of an area often produces
usable material and maintenance dredging typically produces unconsolidated
material that must dry before possible use.
(23) Dredging--The moving of soil, sand, gravel, shell
or other materials from its natural setting, including propwashing,
and thereby artificially altering the water depth, e.g., channels,
basins, etc.
(24) Encumbered state land--The amount of state coastal
public land encumbered by the permitted activity and is expressed
in number of square feet.
(25) Evaluation fee--A one-time fee assessed upon the
granting of a commercial instrument. In the case of multiple-purpose
easement applications, only one evaluation fee will be assessed.
(26) Fill--The placement of materials on coastal public
lands for the purpose of changing the elevation of a water body or
to create emergent land.
(27) Fill area--A structure, excluding riprap, concrete
stairs, breakwaters, jetties, and groins that permanently and fully
encumbers, and entirely displaces, the water covering the coastal
public land. The construction and maintenance of associated bulkheads
is considered part of the fill area.
(28) Fill formula--Encumbered state land multiplied
by the appraised market value of adjacent littoral property multiplied
by the return on investment.
(29) Homeowners association--An association whose individual
members, by virtue of holding full and exclusive title to the adjacent
littoral property area specifically defined in an easement application,
are entitled, as a group, to the privileges of an easement that may
be granted by the State of Texas for use of coastal public land.
(30) Industrial activity--A use of coastal public land
which involves one or more of the following:
(A) processing, manufacturing, or handling materials
or products predominantly from extracted or raw materials;
(B) storage, manufacturing, or materials handling processes
that involve flammable or explosive materials; or
(C) storage, manufacturing, or materials handling processes
that involve hazardous or commonly recognized offensive conditions.
(31) Island--Any body of land surrounded by the waters
of a salt water lake, bay, inlet, estuary, or inland body of water
within the tidewater limits of this state and shall include man-made
islands resulting from dredging of other operations. An island may
be coastal public land.
(32) Jetties and groins--Structures of rock, concrete,
steel, or other material built perpendicular to the shoreline and
are designed to modify or control sediment movement along a shore.
(33) Littoral owner--The owner or leaseholder of any
public or private upland bordered by or contiguous to coastal public
lands.
(34) Maintenance dredging--Re-dredging an authorized
channel to a previously authorized depth. The same limitations and
conditions that applied to the initial dredging will apply to the
maintenance dredging.
(35) Marina--A combination of docks or piers floating
or constructed on pilings, extending onto or over coastal public lands,
which is used for purposes of storing or docking boats, watercraft,
shrimp boats, and similar structures and is available to the public
and charges are made for any of its services, and which do not constitute
wharves, docks, or piers as defined in this section.
(36) Mineral interest holder--Holder of a state mineral
lease who plans to dredge on coastal public land outside the state
leasehold tract to obtain access to the state leasehold tract.
(37) Mitigation sequence--The series of steps which
must be taken to prevent or reduce impacts to sensitive habitat while
planning or evaluating a project.
(38) New dredged area--An excavated area which is not
under current permit with the GLO. The new dredged area rate is charged
for the first year, and the fee for maintaining the dredged area is
charged for each subsequent year of the easement term.
(39) Oversized personal watercraft slip--A personal
watercraft slip that exceeds 120 square feet in overall area.
(40) Person--Any individual, firm, partnership, association,
corporation (public or private, profit or nonprofit), trust, or political
subdivision or agency of the state.
(41) Personal watercraft--A small boat or other craft
for water transportation or recreation typically made for use/occupancy
by no more than two people at one time.
(42) Personal watercraft slip--A small area designed
for the docking and/or storage of personal watercraft; includes boat
slips and boat skids; limited to a maximum of 120 square feet.
(43) Pier and dock--Structures of timber or other material
built onto or over coastal public lands which are used for fishing
and recreational boating purposes.
(44) Private non-profit use--A private activity which
does not contemplate the generation of any revenue.
(45) Public activity--Activity which is performed in
the public interest, as defined by the board, and is not designed
to enhance or accommodate a profit-making venture, nor is it primarily
associated with a revenue generating activity.
Cont'd... |
