TX NATURAL RESOURCES CODE

SUBTITLE B. SURVEYS AND SURVEYORS

CHAPTER 63. DUNES

SUBCHAPTER C. PERMITS



§ 63.051. PERMIT REQUIREMENT.
     An owner of land or a person holding an interest in land under the owner who desires to perform or allow any of the acts prohibited in Section 63.091 of this code must apply for a permit from the appropriate commissioners court or municipal governing body.

Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 22, eff. June 7, 1991.

§ 63.052. PERMIT NOT REQUIRED.
     No permit is required for the following activities:
          (1) grazing livestock;
          (2) production of oil and gas; and
          (3) recreational activity other than the operation of a recreational vehicle.

Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1, 1977.

§ 63.053. FEES.
     (a) The commissioners court or governing body of the municipality may require a reasonable fee to accompany the application.
     (b) Any commissioners court or governing body of a municipality that has adopted a dune protection line and is administering this chapter and that has a certified beach access plan as provided for in Section 61.015 of this code is hereby authorized, subject to all requirements of Chapter 61 of this code, to charge reasonable fees that do not exceed the cost for the provision and maintenance of public beach related facilities and services necessary to implement such plans, including but not limited to parking, public health and safety, environmental protection and matters contained in the certified beach access plans, and that do not unfairly limit access to and use of such beaches.

Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 23, eff. June 7, 1991.

§ 63.054. REVIEW.
     (a) The commissioners court or governing body of the municipality shall evaluate the permit application, and if the commissioners court or governing body of the municipality finds as a fact after full investigation that the particular conduct proposed will not materially weaken the dune or materially damage vegetation on the dune or reduce its effectiveness as a means of protection from the effects of high wind and water, it may grant the permit.
     (b) In determining whether or not to grant the permit, the commissioners court or governing body of the municipality shall consider the height, width, and slope of the dune, any significant environmental features of the dune, the feasibility and desirability of restoration of vegetation, and cumulative impacts and shall consider requirements for protection of critical dune areas.
     (c) Each county or municipality administering this chapter shall establish procedures and requirements governing the review and approval of dune permits, and these procedures and requirements shall be submitted to the commissioner for comments.

Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 24, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, § 7, eff. June 18, 2003.

§ 63.055. TERMS AND CONDITIONS OF PERMIT.
     The commissioners court or governing body of the municipality may include in a permit the terms and conditions it finds necessary to assure the protection of life, natural resources, and property.

Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 25, eff. June 7, 1991.

§ 63.056. NOTICE TO AND COMMENTS OF COMMISSIONER ON PERMITS.
     (a) After receiving an application for a permit to
      perform any of the acts prohibited in Section 63.091 of this code, the commissioners court or the governing body of the municipality shall notify the commissioner by sending, not less than 10 working days before the public hearing on the application, notice of the hearing and a copy of the application.
     (b) The commissioner may submit any written or oral comments regarding the effect of the proposed activity on the dunes that protect state-owned land, shores, and submerged land.

Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 26, eff. June 7, 1991.

§ 63.057. PERMIT FOR CERTAIN ACTIVITY PROHIBITED.
     (a) No permit may be issued that allows the operation of a recreational vehicle on a sand dune seaward of the dune protection line.
     (b) No permit may be issued that allows any activity in a critical dune area inconsistent with rules promulgated by the commissioner for protection of critical dune areas.

Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, § 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 27, eff. June 7, 1991.