Search
 Request Information  |  Find me a Home  |  Register  |  Login 
View Article 

Current Articles | Categories | Search | Syndication

Texas GLO has proposed new rules for Beach Construction Certificates and Dune Protection Permits
2367 Views :: 5 Comments :: :: South Padre Island, Investment, Economy, Second Homes

Texas GLO has proposed new rules for Beach Construction Certificate and Dune Protection Permit Rules

Texas is the only state in the nation that has an Open Beaches Act. Landward of the mean high water or mean higher high water line, which delineates the boundary of state-owned submerged lands, beaches can be privately owned, but are subject to the public beach easement, allowing the public free and unrestricted access to and use of the beach. 

As steward of state-owned lands, the Texas General Land Office (GLO) is responsible for management of the 367 miles of Texas coastline from the vegetation line on the beach to 10.3 miles into the Gulf of Mexico. 

It has now proposed two new rules that will have an effect on beach construction,dune protection and erosion control.

The proposed rules cover two major subject areas:

  1. One group of rules primarily provides new procedures for local governments and the GLO to follow when processing individual Beach Construction Certificates and Dune Protection Permits, as well as local government beach access and use plans.
  2. The second group of rules outlines guidelines for local governments that choose to adopt erosion response plans containing a building set-back line. 

GLO Setback ScenariosConsiderations for Setback Lines

Establish building set-back line to accommodate shoreline retreat historical erosion rates as determined by the Bureau of Economic Geology, BEG. (setback recommended to be the greater of the following):

  • 60 times the annual erosion rate measured from the line of vegetation
  • 25 feet landward of the landward toe of the foredune ridge
  • 300 feet landward of mean high water of the Gulf of Mexico (if no foredune ridge)
Reaction to the proposed rules has been mostly critical of the setback, which would move the building line from 25 feet to about 300 feet from the dunes. 

Local governments do not have to adopt the proposed setback, but if they don’t, they risk losing the grant money they rely on for beach reconstruction projects.

The Beach Access and Dune Protection Program is designed to:
  1. Help beachfront property owners and local governments maintain a healthy beach/dune system
  2. Assist local governments in managing the Texas coast so that the interests of both the public and private landowners are protected
  3. Reduce the erosion of public beaches and discourage erosion-response methods such as rigid shorefront structures that can have a harmful impact on the environment and public and private property
  4. Reduce flood losses and minimize loss of life and property
  5. Protect the public's right of access to, use of, and enjoyment of the public beach
  6. Ensure timely and predictable governmental decision-making and permitting processes
  7. Educate the public about coastal issues
Click here to read House Bill 2819 - Changes to the Open Beaches Act, Dune Protection Act, and the Management of Coastal Public Land.

Click here to view the annual shoreline change rate of Cameron County.


What effect can these changes have on South Padre Island's Real Estate?

According to Doyle Wells, a member of the County's Beach and Dune Committee, "These proposed rules will not only impact the affected landowners but the entire Cameron County."
 
"4,000 acres of beach front property could end up behind a Building Setback Line and greatly depreciated in value or rendered valueless. This restriction and limitation of property use has to be met head-on by every taxing entity, tax payer, landowner and lover of our American freedom."
Rating
Comments
Kenya Romero @ Monday, September 08, 2008 7:52 PM
Texas General Land Office presents new rules, gets an earful from citizens and developers
By CARL PHILLIPS
Island Breeze



Representatives from the Texas General Land office held a public hearing in South Padre Island City Hall on Thursday, September 4, to explain proposed new building setback rules for Texas beaches.

The presentation was moderated by Jodena N. Henneke, Deputy Commissioner of Coastal Resources. Eddie R. Fisher, Director of Coastal Reserves, explained the new proposals.
They got an earful from worried landowners, some of whom were irate and indignant, accusing the GLO of taking their property without compensating them for it. Court action was threatened by at least one.

The proposed rules, published May 16 in the Texas Register, specify more than one way to determine the building setback line. Instead of relying simply on a “vegetation line”—which in some areas of Texas coast does not exist—the GLO is proposing other ways to determine exactly where the setback line will be.

Texas House Bill 2819, Amendments to Open Beaches Act and Dune Protection Act, became effective a little over a year ago on September 1, 2007, and is the basis of the new rules and revisions.

The changes include definitions of small-scale construction, large-scale construction and dune restoration; rules for establishing the line of vegetation if no clearly defined line exists; dune protection lines established further inland to allow protection of critical dune areas; beach user fees; and erosion response plans.

The purpose of the erosion response plans is fourfold: to reduce expenditures for erosion and storm damage losses to both public and private properties; to protect critical dunes and vegetation that provide protection during storms; to preserve and enhance public access and use of beach; and to reduce the loss of dune habitats and biodiversity.

This reduces disaster response costs, prevents loss of human lives, reduces the need to install seawalls and hard erosion control structures, and cuts down on structures that encroach onto the public beach and interfere with natural sediment cycles.

The erosion response plans of local governments are voluntary, but they should be prepared with input from the GLO, must be consistent with dune protection and beach access plans, and must be updated every five years.

An erosion control plan should establish the setback line; prohibit certain kinds of construction, allowing for exemptions, and other requirements; protect the beach from erosion and storm damage while enhancing public access; enhance, preserve, and restore critical dunes; and establish potential funding sources for acquiring fee title—or at least an interest—in property that is seaward of the setback line.

The setback line must allow for shoreline retreat. The best approach is to utilize the historic erosion rates determined by the Texas Bureau of Economic Geology. If a foredune line exists—foredune being the line of dunes nearest the water—then the building setback line should be the greater of the following: (1) 60 times that annual erosion rate measured from the line of vegetation, or (2) 25 feet back from the landward toe of the foredune ridge.

In areas where there is no foredune ridge, then the line should be 300 feet back from the mean high water line of the Gulf of Mexico.

The setback line is limited to the local dune protection line.

Amenities, such as a pool or a cabana, are allowed seaward of the setback line, so long as there is minimal use of impervious surfaces.

Some acceptable exemptions to the rule include accreting beaches of more than two feet per year according to the Bureau of Economic Geology; situations where no practical alternative exists; where previous setbacks have been certified by the GLO; where modifications to existing structures do not increase the footprint; and property subject to an expired permit in previously platted subdivisions or expired master plans.

An example of no existing practical alternative would be the case of an undeveloped lot with the setback line too near its back to allow construction. However, a neighboring deeper lot with room to build entirely behind the setback line would not be allowed to build any part of his structure seaward of the line.

Doyle Wells wanted to know who instigated the legislation, and when Henneke named the legislators who co-authored the bill, Wells explained he wanted to know who brought the need for change to the attention of the legislators. Henneke admitted it was Land Commissioner Jerry Patterson.

Wells then asked if a foredune were created in the future, where none had existed before, if that could then be used to determine the setback line. The answer was yes, with GLO approval and in accordance with local government plans. “Building dunes is encouraged,” Fisher said.

“Why weren’t local governments allowed to participate in drawing up these rules?” Wells asked. Henneke said they visited both county and city officials. Wells, who serves on the Cameron County Dunes Task Force, said he remembered, but added that local officials were not asked what they thought about the proposals. “We didn’t have them written down (when we visited),” Henneke said.

Wells said it appeared that the new rules were created to allow the GLO to take over the duties of local governments. GLO has such a high turnover of people, he charged, that in effect they were a revolving board interfering with local government efforts to preserve the beaches. He said every time new people go to work for the GLO we get proposed rules changes.

Charles Brommer, who also serves on the county’s dune committee, asked why not establish one setback line, 200 feet from the mean high tide line. “Any reason for the different benchmarks?” he asked. He said he would like to see one line, period.



Herb Houston wanted to know about the issue of the government taking land from private citizens. “Is the GLO ready to step up to the table and help the county defend itself (from lawsuits initiated by affected landowners)?” he asked. “Are you ready to reimburse the landowners?”

Henneke ruled that no one present was qualified to respond to that. Houston told them there is a place where individual property rights have to be respected. “I believe you have people not satisfied with any amount of public beach they take,” he said. “Is the GLO ready to indemnify Cameron County and the other taxing authorities for the loss of millions of dollars per year in revenues the devaluation of this land will cost? How about the property owners themselves?”

Stuart Diamond, president of the local chapter of Surfrider Foundation, commented that local government should adopt more stringent rules about building on the beach, and the GLO should exert a minimum of influence. Surfriders is an organization dedicated to preserving beaches around the world.

Clayton Brashear, introducing himself, told the GLO representatives, “I disagree with everything he (Diamond) just said. Everything.”

“You said these rules are law,” he said. “But I have a copy of the law as passed, and I don’t see any reference to setbacks in it.” He added that building setback lines have always been determined by local governments. He said the statute does define “setback” and gives local governments the authority to make rules. “So the legislature gives us the authority to make the rules,” he said. “Does (South Padre Island) have beach and dune protection now? Yes, we do.”

The State of Texas built a bridge to the Island in the early fifties, he said. The state allowed people to buy property here, to pay taxes on it all these years, and now you’re saying, “Oh, gee, we made a mistake.”

“Values will diminish if you change this setback line,” he charged. “You’re damaging every local taxing entity. You’re taking away people’s right to enjoy the beach. It’s bad to even think about changing the setback line.”

Martha Paez, a native of Monterrey, Nuevo Leon, Mexico, moved to the Island several years ago and built her home here, as well a luxurious condo complex on the bay side. “I am in 100% agreement with Mr. Brashear,” she said.

We need to ask for some of the taxes we have paid to be used to renourish our beaches, she explained. “No beach, no town, no nothing. You people come here for a few days, and change the law for us when you don’t even live in our town.”

Most people want to work with the GLO to keep from losing their land, she said. “It is very precious to us. If you’re going to take the land, who’s going to pay the taxes?”

She urged them to find some solution other than taking land away from its owners. “When I was growing up,” she said, “a farmer could lose a whole year’s crop if he didn’t get enough rain. But not my parents. My father provided ahead of time every year to have irrigation water in case the rains didn’t come. And, like irrigating crops, we need to keep our beach renourished (where it is eroding).”

Her comments drew applause from a largely sympathetic crowd.

John Thobe told the GLO he would be submitting written comments. “If government action reduces the value of land by 25%,” he said, “if a person loses the effective use of his lots, that’s a taking. It’s an immediate loss of revenue to the county and other taxing entities. I’m going to provide you a takings impact analysis (so you can see the amount of liability you are assuming).”

Richard Bennett, a rancher who invested in South Padre land when he was younger, hoping it would provide for his retirement, commented, “We’ll go fix the dunes and vegetation. We can do that. But we’re not going to allow you to give our land to the public. We’re not going to just stand by while you take it away from us.”

James Oldham, an engineer, talked about natural sedimentation. “You throw those words around in an effort to comfort less knowledgeable people,” he said. “But I know about sedimentation, and I can tell you if you want natural sedimentation you’re going to have to go all the way to the Continental Divide and tear down every manmade structure between there and here to get natural sedimentation.” He said it was that natural sedimentation that built the Island over thousands and thousands of years.

“Why doesn’t the GLO just go back to Austin and leave us alone to run our own county?” he demanded.

South Padre Island Dewey Cashwell was the last to comment. “People who live and work here have invested their lives and they care very much about what happens to this beach and shoreline,” he said. “Oh, sometimes we may fight and scrap, but we also hold hands and pull together when it comes to improving this place.”

He encouraged the GLO to extend its time line to implement these new rules. “You care, we care, so let’s work together,” he said. “I urge you to keep the dialogue open a little longer.”
He, too, drew applause.

Meantime, the GLO’s public comment period ends a week from next Monday, September 15. To comment on the proposed rules, people can send written comments to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O.Box 12873, Austin TX 78711. Comments can also be made by FAX to (512) 463-6311, or by e-mail to
walter.talley@glo.state.tx.us
Gayle @ Tuesday, September 09, 2008 7:25 AM
I would like to repeat that written comments regarding the proposed rule may still be submitted and may be sent by email or U.S. mail to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463-6311, or emailed to walter.talley@glo.state.tx.us no later than September 15, 2008. Doyle Wells says we have until Sept. 17th. So, please voice your opinion. There are many people that own land on the north end of South Padre Island that will not be able to build if this rule is passed. If the GLO is concerned about erosion, why not implement replenishment or the building of dunes instead of just changing setbacks?

BILL HANNA billhanna@star-telegram.com @ Friday, September 26, 2008 11:26 AM
Ike damage calls into question development along Texas beaches

The devastating hit that Hurricane Ike delivered to the upper Texas coast has many experts questioning the breakneck pace of development along the beaches.
With the Bolivar Peninsula, Galveston Island and Surfside Beach all hit hard by the surge from the Category 2 storm, scientists are again saying that Texas needs to rethink the way it builds along the coast.

Land Commissioner Jerry Patterson, who oversees the Texas General Land Office, which is responsible for enforcing the Texas Open Beaches Act, said that during two flyovers of the coastline, he saw "hundreds" of homes sitting on the beach or in the water.

It is a sign, Patterson said, that in many places homes need to be built farther from beaches to protect dunes and allow room for beaches that are eroding. He proposed setback rules this year but was met with opposition.

"This is kind of an opportunity to take a big-picture look about where we go forward," he said. "This event says it’s time to take inventory, time to assess. It’s a good time to look at whether the rules we proposed earlier this year were stringent enough."

Patterson said he will propose setbacks again in hopes of gaining more public support.

"I think it’s less difficult today than it was a week ago to get support," he said. "I think we need to have more public hearings and to revisit the issue."

Galveston city officials opposed the earlier proposal, and Galveston County commissioners went further, saying the idea should be abandoned. Some coastal residents called the proposal a "land grab" by the state.

But Ike has changed the dynamics.

"A lot of the issues are gone, and we hope to find common ground where we can work together to do things better and smarter than what we inherited before," said Galveston County Judge James Yarbrough.

The Bolivar Peninsula, just a ferry ride away from Galveston Island, was hardest hit by Ike. Almost everything in the community of Gilchrist was destroyed, and Texas 87, the main road through the peninsula, may have to be moved in some places because it is now too close to the beach.

"Gilchrist, God love ’em, has nothing left," Yarbrough said. "There’s only eight out of 350 buildings left. There’s no debris, nothing.

"It’s just gone."

Crystal Beach lost about half its homes, but there is still rubble for homeowners to sift through.

With residents clamoring to get back in, Yarbrough said, coastal development issues will have to wait.

"At the right time, we’ll discuss these issues, but our mode right now is not worried about beach access and dune protection," he said. "Our primary focus is to allow folks to get back in and pick through the debris and bring some sort of closure."

Legal dispute

To give beaches time to recover, Patterson said, he will wait at least a year to take actions against homes now at the water’s edge. Sand that washes offshore during hurricanes often returns to the beach during the next year.

Under state law, any home on a beach is considered to be on state property and must be removed or demolished.

Since before Ike, Patterson has been involved in a legal dispute over 14 houses standing on public beaches in Surfside Beach. He was sued by the homeowners after offering them $50,000 apiece of state money to move their houses from areas that obstructed public access to the beaches.

Patterson said that the storm washed away 10 of those houses and that he now expects a quick resolution on the other four.

The sentiments to rethink coastal development were applauded by two Texas researchers who created a geo-hazards map showing that the upper Texas coast was sinking faster than anywhere else in the United States.

James Gibeaut, a coastal geologist with the Harte Research Institute for Gulf of Mexico Studies in Corpus Christi, said aerial surveys show many houses that need to be moved.

"There were just too many to count," he said.

John Anderson, a Rice University oceanographer and author of The Formation and Future of the Upper Texas Coast, said the city of Galveston needs to rethink its support for rapid growth on the west end. He also said he isn’t sure whether all sections of the Bolivar Peninsula can be rebuilt.

South Padre Island, hit by Hurricane Dolly this summer, is as vulnerable as Galveston and the Bolivar Peninsula to a strong hurricane, he said.

Mustang Island

One area of the developed Texas coast in better shape is Mustang Island near Port Aransas, where setbacks keep homes away from the beach.

Under the rules proposed by Patterson, new buildings would have to be set back 60 times the erosion rate, as measured from the beach’s line of vegetation. If the shoreline is eroding 5 feet a year, then construction wouldn’t be allowed within 300 feet.

The Legislature ordered the new rules last year in hopes of reducing storm damage. But Patterson insists that it doesn’t make sense to enact them until it can be determined whether beaches will recover from Ike.

Patterson and Gibeaut say Mustang Island development is a good example of how coastal land should be developed.

"But it’s a wider island," Patterson said. "There’s more room there. The road is set back farther from the beach. You just don’t have the same kind of room in other places."

The cost of storm damage should also be considered, Anderson said.

"Is it right for the city of Galveston to ask taxpayers of Texas and perhaps ultimately the federal government to pay for this unbridled development?" he said.

$4 billion in claims?

The Texas Windstorm Insurance Association, the insurer of last resort along the Texas coast, estimates that it may see $4 billion in claims from Ike. That would wipe out its $2.1 billion pool to cover losses, said Sandra Helin, a spokeswoman for the Southwestern Insurance Information Service, which oversees the fund. Up to 20 percent of any overruns could be collected annually from the state’s general revenue fund, she said.

Ike is the kind of storm that the association "has been warning the state about for 10 years," Helin said.

Every year, the agency asks for an increase and gets a fraction of what is sought, she said.

As insurance companies have pulled out of the Texas coast, the number of policies covered by the windstorm pool has soared. As of Aug. 31, the fund had 224,468 policyholders in 15 counties, an increase of 150,653 policies since 2001.

The $4 billion figure is merely an estimate, and insurance officials won’t really know the impact until adjusters and residents are allowed back into damaged areas.

"This will be a lengthy process," Helin said. "It could very easily be that these claims will be coming in for up to a year."


This is kind of an opportunity to take a big-picture look about where we go forward.  . . .  I think it’s less difficult today than it was a week ago to get support. I think we need to have more public hearings and to revisit the issue."

Land Commissioner Jerry Patterson
on proposed beach setback rules
Tom LaRue @ Tuesday, January 12, 2010 9:42 AM
Most homes are financed for 30 years or less and over that 30 year period, the value of improvements typically deminish due to obsolescense and depreciation. A first step in gaining more support for this rule would be to utilize a 30x annual errosion rate. What is the status of this proposal
Gayle Hood @ Friday, January 22, 2010 6:46 AM
This is a quote from The Surfrider Foundation's State of the Beach Report. "In April 2009, the Heinz Center and Ceres announced the release of their Resilient Coasts Blueprint, to outline steps to reduce risks and losses in the face of growing threats. The Heinz Center and Ceres produced the blueprint with a coalition of leading insurers, public officials, risk experts, builders, and conservation groups. The blueprint is endorsed by many groups, including The Travelers Institute, The Nature Conservancy, National Oceanic and Atmospheric Administration, the Wharton School, and the Mayor of Charleston, South Carolina. The blueprint includes policy changes and common sense actions that could reduce economic losses from future storms and rising sea levels by as much as half along U.S. coastlines. The blueprint outlines specific recommendations, including: enabling planning for climate impacts by providing the necessary science and decision-making tools; requiring risk-based land use planning; designing adaptable infrastructure and building code standards to meet future risk; strengthening ecosystems as part of a risk mitigation strategy; developing flexible adaptation plans; maintaining a viable private property and casualty insurance market; and integrating climate change impacts into due diligence for investment and lending. The coalition urges the Obama administration, Congress, local leaders and the private sector to see that blueprint actions are implemented through regulation, investment, education, and other means." They have a great article on their website. Also, here is a link to a House bill that was suppose to take effect in Sept. 2009: http://www.hro.house.state.tx.us/PDF/ba81r/HB2073.PDF.
Click here to post a comment