SECTION 15.35. Certification Status of Galveston County's Beach Dune Protection and Beach Access Plan

(a) Galveston County (County) has submitted to the General Land Office a dune protection and beach access plan, which was adopted on August 16, 1993, and amended on October 25, 2004, January 18, 2006 and August 7, 2012. The County's plan is certified as consistent with state law.

(b) The General Land Office certifies as consistent with state law the following variances from §15.4(c)(10) of the this title (relating to Dune Protection Standards) in the County's plan. The plan prohibits the construction of cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields, except that:

(1) cisterns, septic tanks, and septic fields that are in existence prior to the effective date of the County's plan may be repaired or replaced;

(2) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan and permitted before the effective date of the County's plan may be constructed, repaired, or replaced; and

(3) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan may be constructed, repaired, or replaced in a location seaward of the structure they are to serve provided that the applicant shows that it is not practicable to locate the cisterns, septic tanks, and septic fields landward of the structure they are to serve.

(c) The General Land Office certifies as consistent with state law Galveston County's ERP as an amendment to Galveston County's Plan. Galveston County's ERP was adopted by the Galveston County Commissioner's Court on August 7, 2012 by adding the ERP as Appendix 9 to Galveston County's Plan.

Source Note: The provisions of this §15.35 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective September 13, 2006, 31 TexReg 7356; amended to be effective March 3, 2013, 38 TexReg 1208