NATURAL RESOURCES CODE
CHAPTER 63. DUNES
SUBCHAPTER A. GENERAL PROVISIONS
§ 63.001. FINDINGS OF FACT. The legislature finds and
declares:
(1) that the mainland gulf shoreline, barrier islands,
and peninsulas of this state contain a significant portion of the
state's human, natural, and recreational resources;
(2) that these areas are and historically have been
wholly or in part protected from the action of the water of the Gulf
of Mexico and storms on the Gulf by a system of vegetated and
unvegetated sand dunes that provide a protective barrier for
adjacent land and inland water and land against the action of sand,
wind, and water;
(3) that certain persons have from time to time
modified or destroyed the effectiveness of the protective barriers
and caused environmental damage in the process of developing the
shoreline for various purposes;
(4) that the operation of recreational vehicles and
other activities over these dunes have destroyed the natural
vegetation on them;
(5) that these practices constitute serious threats to
the safety of adjacent properties, to public highways, to the
taxable basis of adjacent property and constitute a real danger to
natural resources and to the health, safety, and welfare of persons
living, visiting, or sojourning in the area;
(6) that it is necessary to protect these dunes as
provided in this chapter because stabilized, vegetated dunes offer
the best natural defense against storms and are areas of
significant biological diversity;
(7) that vegetated stabilized dunes help preserve
state-owned beaches and shores by protecting against erosion of the
shoreline; and
(8) that different areas of the coast are
characterized by dunes of various types and values, all of which
should be afforded protection.
Acts 1977, 65th Leg., p. 2499, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 814, § 1, eff. Aug.
26, 1985; Acts 1991, 72nd Leg., ch. 295, § 18, eff. June 7, 1991.
§ 63.002. DEFINITIONS. In this chapter:
(1) "Commissioner" means the Commissioner of the
General Land Office.
(2) "Barrier island" means an island bordering on the
Gulf of Mexico and entirely surrounded by water.
(3) "Peninsula" means an arm of land bordering on the
Gulf of Mexico surrounded on three sides by water.
(4) "Recreational vehicle" means a dune buggy, marsh
buggy, minibike, trail bike, jeep, or any other mechanized vehicle
that is being used for recreational purposes, but does not include
any vehicle not being used for recreational purposes.
(5) "Mainland shoreline" means all shoreline fronting
on the open Gulf of Mexico that is not located on a barrier island or
a peninsula.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 814, § 2, eff. Aug.
26, 1985.
§ 63.003. EFFECT OF CHAPTER. The provisions of this
chapter do not apply to any dune area not accessible by public road
or common carrier ferry facility for as long as that condition
exists.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 814, § 3, eff. Aug.
26, 1985.
SUBCHAPTER B. DUNE PROTECTION LINE
§ 63.011. ESTABLISHING DUNE PROTECTION
LINE. (a) After notice and hearing, the commissioners court of
each county that has within its boundaries mainland shoreline, a
barrier island, or a peninsula located on the seaward shore of the
Gulf of Mexico shall establish a dune protection line on any such
shoreline, island, or peninsula within its boundaries for the
purpose of preserving sand dunes.
(b) A county may allow a municipality within the county to
administer this chapter within its corporate limits and
extraterritorial jurisdiction. On delegation by a county, a
municipality may adopt and apply any appropriate ordinances within
its extraterritorial jurisdiction to effect the purposes of this
chapter.
(c) Municipalities and counties may enter into interlocal
cooperation contracts for the administration of dune permit
programs under The Interlocal Cooperation Act (Article 4413(32c),
Vernon's Texas Civil Statutes).
(d) The land office may assist and advise counties and
municipalities in establishing or altering dune protection lines.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 814, § 3, eff. Aug.
26, 1985; Acts 1991, 72nd Leg., ch. 295, § 19, eff. June 7, 1991.
§ 63.012. LOCATION OF DUNE PROTECTION LINE. The dune
protection line shall not be located further landward than a line
drawn parallel to and 1,000 feet landward of the line of mean high
tide of the Gulf of Mexico.
Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 63.013. NOTICE. (a) Notice of a hearing to consider
establishing the dune protection line shall be published at least
three times in the newspaper with the largest circulation in the
county. The notice shall be published not less than one week nor
more than three weeks before the date of the hearing.
(b) Notice shall be given to the commissioner not less than
one week nor more than three weeks before the hearing.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 63.014. MAP AND DESCRIPTION OF DUNE PROTECTION
LINE. (a) The commissioners court or governing body of each
municipality in establishing a dune protection line shall define
the line by presenting it on a map or drawing, by making a written
description, or by both. Each shall be designated appropriately
and filed with the clerk of the county or municipality establishing
the line and with the commissioner.
(b) Notice of alterations in the dune protection line shall
be filed with the clerk and with the commissioner, and the
appropriate changes shall be made on the map, drawing, or
description.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 20, eff. June
7, 1991.
§ 63.015. DUNE PROTECTION LINE PROHIBITED. No dune
protection line may be established within a state or national park
area, wildlife refuge, or other designated state or national
natural area; provided, however, any state-owned or other public
land not specifically exempted by this section shall be subject to
the same requirements as private lands except as provided in
Sections 31.161 through 31.167 of this code.
Acts 1977, 65th Leg., p. 2501, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 21, eff. June
7, 1991.
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.
SUBCHAPTER D. PROHIBITIONS
§ 63.091. CONDUCT PROHIBITED. Unless a permit is
properly issued authorizing the conduct, no person may damage,
destroy, or remove a sand dune or portion of a sand dune seaward of a
dune protection line or within a critical dune area or kill,
destroy, or remove in any manner any vegetation growing on a sand
dune seaward of a dune protection line or within a critical dune
area.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 814, § 3, eff. Aug.
26, 1985; Acts 1991, 72nd Leg., ch. 295, § 28, eff. June 7, 1991.
§ 63.093. PROHIBITED OPERATION OF RECREATIONAL
VEHICLES. No person may operate a recreational vehicle on a sand
dune seaward of the dune protection line in any county in which a
dune protection line has been established.
Acts 1977, 65th Leg., p. 2502, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER E. CRITICAL DUNE AREAS
§ 63.121. IDENTIFICATION OF CRITICAL DUNE AREAS. The
commissioner, in his role as trustee of the public land of this
state, shall identify the critical dune areas within 1,000 feet of
mean high tide that are essential to the protection of state-owned
land, public beaches, and submerged land. The commissioner shall
promulgate rules for the identification and protection of critical
dune areas.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 30, eff. June
7, 1991.
§ 63.122. NOTICE TO COUNTIES. After the commissioner
has identified the critical dune areas, notice of the critical dune
areas and the rules for their protection shall be given to the
commissioners court of each county and the governing body of each
municipality in which one or more of these areas is located.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 30, eff. June
7, 1991.
SUBCHAPTER F. APPEALS
§ 63.151. APPEAL BY LITTORAL OWNER. A littoral owner
aggrieved by a decision of the commissioners court or governing
body of the municipality under this chapter may appeal to a district
court in that county.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 31, eff. June
7, 1991.
§ 63.152. APPEAL BY COMMISSIONER. The commissioner may
appeal to a district court of that county any decision of the
commissioners court or governing body of the municipality that the
commissioner determines to be a violation of this chapter.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 31, eff. June
7, 1991.
SUBCHAPTER G. PENALTIES
§ 63.181. ENFORCEMENT. (a) Any county attorney,
district attorney, or criminal district attorney, or the attorney
general at the request of the commissioner, shall file in a district
court of Travis County or in the county in which the violation
occurred a suit to obtain either a temporary or permanent court
order or injunction to prohibit and remedy any violation of this
chapter or any rule, permit, or order under this chapter and to
collect damages to natural resources injured by the violation and
to recover civil penalties.
(b) A person who violates this chapter or any rule, permit,
or order under this chapter is liable for a civil penalty of not
less than $50 nor more than $1,000. Each day that a violation occurs
or continues constitutes a separate offense.
Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1991, 72nd Leg., ch. 295, § 32, eff. June
7, 1991; Acts 2003, 78th Leg., ch. 245, § 8, eff. June 18, 2003.
