SECTION 15.16. Criteria for Determining Substantial Interference with Access to and Use of the Public Beach by Structures on the Beach

(a) The term "structure" as used in this section has the meaning assigned in §15.2(67) of this title (relating to Definitions) and includes any improvement, obstruction, barrier, or hazard on the public beach.

(b) In determining whether a structure located on the public beach constitutes a substantial interference with the free and unrestricted right of the public to enter or leave the public beach or traverse any part of the public beach, the Commissioner of the General Land Office must find that the structure or its related components causes an actual interference with the right of the public. Interference includes any circumstance that hampers, hinders, infringes, disturbs, or creates, additional burden or cost on the exercise of the right of the public to enter or leave the public beach or traverse any part of the public beach.

(c) Examples of substantial interference include, but are not limited to, circumstances where the structure or its related components:

(1) cause pedestrian or vehicular traffic to negotiate through debris or beneath an elevated structure;

(2) interfere with the use of special assistance devices or motorized vehicles on the public beach by disabled individuals;

(3) interfere with construction or use of dune walkovers because access thereto is blocked by a structure on the public beach;

(4) cause pedestrian or vehicular traffic to enter the water in order to traverse the beach at normal high tide;

(5) cause delay for emergency response vehicles; and

(6) cause increased costs for local governments in the cleaning and maintenance of the public beach.

Source Note: The provisions of this §15.16 adopted to be effective January 31, 2010, 35 TexReg 489