SECTION 7.2. Coastal Lands

(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Buildup--Dry land that is created as a result of man-made or unnatural structures or events.

(2) Coastal Boundary Survey--A survey conducted to locate a littoral boundary.

(3) Fill--Material placed on submerged land or in the waters covering submerged land where the material has the effect of:

(A) replacing any portion of submerged land with dry land; or

(B) changing the bottom elevation of any submerged land. Examples of fill include, but are not limited to: dredge material, rock, sand, soil, clay, shells, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure on submerged land or in the waters covering submerged land.

(4) Littoral boundary--The boundary between state-owned submerged land and privately-owned littoral property.

(5) Littoral property--Dry land bordering on or contiguous to submerged land.

(6) Natural (original) littoral boundary--The location of the natural shoreline as it existed prior to the placement of fill or buildup.

(7) Submerged Land--Any land lying below mean high water or mean higher high water, as applicable, and within the tidewater limits, including any buildup or fill on such land.

(b) Coastal boundary surveys must satisfy the following conditions:

(1) The survey work must be done by or under the direct control and supervision of a licensed state land surveyor or the county surveyor of the county in which the land is located, and the surveyor shall certify:

(A) that the survey is correct and in accordance with Texas Natural Resources Code §21.042; and

(B) that the survey work was done by or under the surveyor's direct control and supervision.

(2) A surveyor, before performing a coastal boundary survey, shall discuss with the Surveying Division of the General Land Office as to the appropriate surveying method to be used to determine the littoral boundary. The surveyor should submit to the Surveying Division of the General Land Office relevant facts regarding the elevation of mean high water, mean higher high water, and/or other information that may be necessary to the determination of the littoral boundary.

(3) The surveyor must certify on the survey plat and report that he or she has located the littoral boundary in accordance with methodology for the project approved by the Surveying Division of the General Land Office and that to the best of the surveyor's knowledge no fill or buildup is located within the area surveyed. The plat must indicate the name and address of the adjacent littoral property owner or owners whose property is affected by the coastal boundary survey.

(4) Where the littoral boundary is located along a contour line, the beginning and ending points on the contour line must be established with X and Y coordinates utilizing the Texas Coordinate System of 1927 or 1983. Each end of the contour line must reference an N.G.S. Station.

(5) In cases where fill or buildup exists, the surveyor must locate and survey both the natural (original) littoral boundary and the boundary of the area of fill or buildup. Prior to surveying the natural (original) littoral boundary of the property, the surveyor must obtain approval from the Surveying Division of the General Land Office as to the method to be used to locate the natural (original) littoral boundary. The surveyor must submit a separate report to the Surveying Division of the General Land Office describing in detail the nature and source of the fill or buildup, and certifying that he or she has relocated the natural (original) littoral boundary in accordance with the methodology approved by the Surveying Division of the General Land Office. The surveyor must also submit a separate field note description and survey plat of the area of fill or buildup.

(6) The surveyor must determine to the best of his or her knowledge whether or not any retaining walls or other structural modifications have been placed on or along the littoral boundary. Any such modifications identified by the surveyor shall be reflected on the survey plat.

(c) In addition to the requirements of subsection (b) of this section, a coastal boundary survey conducted pursuant to Texas Natural Resources Code §33.136, relating to an erosion response activity must meet the following criteria:

(1) The survey plat must briefly describe the nature of the erosion response activity. The description must reference a General Land Office file number for a General Land Office lease or other instrument authorizing the placement of a structure on coastal public land; a project number of an erosion response project conducted pursuant to Texas Natural Resources Code §33.603; or a General Land Office file number for a dune protection permit or beachfront construction certificate subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code §33.2053(i);

(2) The survey plat must contain the statement required by Texas Natural Resources Code §33.136(b);

(3) A preliminary version of the survey plat must be submitted to the Surveying Division of the General Land Office for review, prior to finalizing the survey report; and

(4) Upon approval of the survey plat by the Surveying Division of the General Land Office, a final, signed and sealed survey plat must be filed in the county surveyor's office (or county clerk's office if there is no county surveyor) in the county in which the land is located, then submitted to the Surveying Division of the General Land Office for filing in the Archives and Records Division of the General Land Office.

(d) A survey that does not include all information and certifications required under this section and Texas Natural Resources Code §33.136 shall be deemed administratively incomplete. The Surveying Division of the General Land Office shall inform the surveyor in writing of the information required to complete the survey. If the survey remains administratively incomplete and inactive ninety (90) days from the date such notification was sent to the surveyor, the General Land Office may return all submitted materials to the surveyor without approval.

(e) Upon approval of a coastal boundary survey conducted pursuant to Texas Natural Resources Code §33.136, relating to an erosion response activity, the Surveying Division of the General Land Office shall inform the surveyor of the approval in writing. The General Land Office shall also provide notice of approval within 30 days after approval by:

(1) publication in the Texas Register; and

(2) publication for two consecutive weeks in a newspaper of general circulation in the county or counties in which the land depicted in the survey is located, provided that publications costs must be paid directly to the newspaper by the littoral property owner or his or her representative or the erosion response project sponsor, as applicable; and

(3) filing a copy of the approval in Archives and Records Division of the General Land Office.

(f) A coastal boundary survey conducted pursuant to this section is required for an erosion response activity that is subject to the goals and policies of the Coastal Management Program under Texas Natural Resources Code §33.2053(a) or (i)(3). For the purposes of this section, it is presumed that a dune restoration activity below the threshold listed in Texas Natural Resources Code §33.2053(i)(3) will not cause or contribute to shoreline alteration and therefore does not require a coastal boundary survey.

Source Note: The provisions of this §7.2 adopted to be effective March 6, 2011, 36 TexReg 1337