(1) Form of payment. Fees may be paid by cash, check
or other legal means acceptable to the commissioner.
(2) Time for payment. Payment is generally required
in advance of issuance of easements, permits, leases and other documents
and/or delivery of services and/or materials by the General Land Office
(3) Dishonor or nonpayment by other means. In the event
a fee is not paid due to dishonor, nonpayment, or otherwise, the GLO
shall have no further obligation to issue easements, permits, leases
and other documents and/or provide services and/or materials to the
grantee, permittee, lessee, or applicant.
(b) Board fees and charges. The board is authorized
and required under the Texas Natural Resources Code, Chapter 33, to
collect the fees and charges set forth in this subsection where applicable.
The board will charge the following coastal lease and coastal easement
fees for use of coastal public land, and will charge the following
structure registration and permit fees. The board charge will be based
on either the fixed fee schedule or the alternate commercial, industrial,
residential, and public formulas as delineated in paragraph (1)(C)
of this subsection. The greater of the fixed fee or formula rate will
be charged except in the calculation of fees for residential use,
Category II and residential use, Category III, where only the fixed
rate method will be used. The board may adopt an escalation schedule
that will allow for escalation of annual fees based on the term of
a coastal lease or coastal easement.
(1) Rental and Fees.
(A) Structure registration. Structure registration
fee is required for private piers or docks that are 100 feet long
or less and 25 feet wide or less and require no dredging or filling,
as authorized by the Texas Natural Resources Code, §33.115. Though
board approval is not required for construction, the applicant must
register the location of the structure. The registration is valid
for the life of the structure.
(i) application fee: $25 (per occurrence for new, amendment
and assignment applications)
(ii) annual rent: none
(B) Coastal lease. The board may grant coastal leases
for public purposes as prescribed by the Texas Natural Resources Code, §§33.103(1),
33.105 and 33.109. The application fee and annual rent shall be negotiable.
(C) The following tables list the rental fees for easements
and permits on coastal public land.
(i) Residential Use, Category I.
(ii) Residential Use, Category II.
(iii) Residential Use, Category III.
(iv) Commercial and Industrial Activity.
(v) Structure (Cabin) Permits.
(2) Senior Rent Freeze. Upon application to the GLO
and submission of proof of age by a grantee, fees for coastal easements
associated with a single family residence will not be increased after
the point in time when the littoral property owner (one person in
the case of joint ownership) reaches the age of 65, unless the area
of encumbered state land increases or there is a change in use of
the coastal public land.
(3) Resource Impact Fee.
(A) Public use projects and Residential Use, Category
I projects constructed within guidelines: exempt
(B) All others: $100 plus $1.00 per square foot of
(4) New Dredge Rent. A one time rental fee due upon
completion of the initial dredging for a new project. The board may
consider reduced new dredge rent on a case by case basis when the
material is used for habitat creation, restoration, and enhancement
projects, or when it is in the public interest to do so.
(5) Term. The term for all coastal leases and coastal
easements is negotiable. Board approval is required prior to construction.
(6) Rental adjustments--all commercial and industrial
easements. At every five-year interval in the term of commercial and
industrial easements, the rental fee for the easement will be subject
to adjustment. The adjustment, if any, will be in accordance with
the then current Fee Schedule as adopted by the board.
(A) New residential developments. Upon the application
for an easement associated with the development of a multi-unit or
single-family residential project, the easement application will be
processed and fee determined according to the appropriate commercial
activity rate. Upon the sale of an individual residential unit associated
with the easement, with sufficient infrastructure in place to convert
use of the unit to individual use (and use of associated easement
to private activity), the original easement applicant, upon agreement
with the commissioner of the GLO, may pay a $50 conversion fee. The
easement fee may then be reduced by the percentage that the sold unit
represented to the total number of units associated with the easement.
At the time the conversion fee is paid under the provisions herein,
the unit will then be considered to be subject to the residential
activity rates upon renewal of the easement. For units already sold
prior to the effective date of this section, conversion to a residential
activity rate will be granted without the payment of the conversion
(B) Additional terms. The commissioner of the GLO may
require, as a condition for the granting of an easement set forth
in this section, such additional terms that he feels are necessary
to secure performance under any such easement.
|Source Note: The provisions of this §155.15 adopted to be effective December 1, 1995, 20 TexReg 9577; amended to be effective March 20, 1997, 22 TexReg 2619; amended to be effective May 26, 2005, 30 TexReg 3020; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915; amended to be effective February 3, 2013, 38 TexReg 382; amended to be effective May 15, 2013, 38 TexReg 2841