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NATURAL RESOURCES CODE

TITLE 2. PUBLIC DOMAIN

SUBTITLE E. BEACHES AND DUNES

CHAPTER 63. DUNES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 814, Sec. 1,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 295, Sec. 18, eff.

June 7, 1991.

Sec. 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.

(6) "Restoration" means the repair or replacement of dunes or

dune vegetation.

Acts 1977, 65th Leg., p. 2500, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 814, Sec. 2,

eff. Aug. 26, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 15, eff. September 1, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3,

eff. Aug. 26, 1985.

SUBCHAPTER B. DUNE PROTECTION LINE

Sec. 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.

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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 295, Sec. 19, eff.

June 7, 1991.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 20,

eff. June 7, 1991.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 21,

eff. June 7, 1991.

SUBCHAPTER C. PERMITS

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 22,

eff. June 7, 1991.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 23,

eff. June 7, 1991.

Sec. 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.

establish procedures and requirements governing the review and

approval of dune permits, and these procedures and requirements

shall be submitted to the commissioner for certification to

determine whether the procedures and requirements are in

compliance with rules and policies adopted under Section 63.121.

The commissioner shall act on a county or municipality's proposed

dune protection plan not later than the 90th day after the date

the plan is submitted by approving the plan or denying

certification. If certification is denied, the commissioner

shall return the proposed plan to the originating local

government with a statement of specific objections and the

reasons for denial, along with suggested modifications. On

receipt, the county or municipality shall revise and resubmit the

plan. The commissioner must certify a county or municipality's

procedures and requirements under this section in accordance with

rules adopted under Section 63.121.

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

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 24,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 7, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 16, eff. September 1, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 25,

eff. June 7, 1991.

Sec. 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 in connection with

small-scale construction activity that includes 5,000 square feet

or less or habitable structures two stories in height or less,

the commissioners court or the governing body of the municipality

shall notify the commissioner by sending, not less than 10

working days before the date of the public hearing on the

application, notice of the hearing and a copy of the application.

After receiving an application for a permit to perform any of

the acts prohibited in Section 63.091 in connection with

large-scale construction activity that includes more than 5,000

square feet or habitable structures more than two stories in

height, the commissioners court or the governing body of the

municipality shall notify the commissioner by sending, not less

than 30 working days before the date of 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 26,

eff. June 7, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 17, eff. September 1, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 27,

eff. June 7, 1991.

SUBCHAPTER D. PROHIBITIONS

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1985, 69th Leg., ch. 814, Sec. 3,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 295, Sec. 28, eff.

June 7, 1991.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER E. CRITICAL DUNE AREAS

Sec. 63.121. IDENTIFICATION OF CRITICAL DUNE AREAS; RULES. (a)

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.

(b) The commissioner shall promulgate rules for:

(1) the identification and protection of critical dune areas;

and

(2) the certification of procedures and requirements governing

the review and approval of dune permits by a county or

municipality.

Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 30,

eff. June 7, 1991.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 18, eff. September 1, 2007.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 30,

eff. June 7, 1991.

SUBCHAPTER F. APPEALS

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 31,

eff. June 7, 1991.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 31,

eff. June 7, 1991.

SUBCHAPTER G. PENALTIES

Sec. 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 $2,000. Each day that a violation

occurs or continues constitutes a separate offense. A violation

of Section 63.091 is considered to be a continuing violation from

the date of the initial unauthorized conduct until the earlier

of:

(1) the date on which a proper permit is issued authorizing the

conduct; or

(2) the date on which restoration of dunes or dune vegetation

damaged by the violation is completed.

Acts 1977, 65th Leg., p. 2503, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 295, Sec. 32,

eff. June 7, 1991; Acts 2003, 78th Leg., ch. 245, Sec. 8, eff.

June 18, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 19, eff. September 1, 2007.

Sec. 63.1811. ADMINISTRATIVE PENALTY. The commissioner may

assess an administrative penalty for a violation of Section

63.091 or any rule, permit, or order issued under this chapter in

the amount established by Section 63.181(b) for a civil penalty.

In determining the amount of the penalty, the commissioner shall

consider:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation and the

hazard or damage caused thereby;

(2) the degree of cooperation and quality of response;

(3) the degree of culpability and history of previous violations

by the person subject to the penalty;

(4) the amount necessary to deter future violations; and

(5) any other matter that justice requires.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 20, eff. September 1, 2007.

Sec. 63.1812. ENFORCEMENT PROVISIONS CUMULATIVE. This

subchapter is cumulative of all other applicable penalties,

remedies, and enforcement and liability provisions.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 20, eff. September 1, 2007.

Sec. 63.1813. MITIGATION FOR DAMAGE, DESTRUCTION, OR REMOVAL OF

DUNE OR DUNE VEGETATION WITHOUT PERMIT. (a) The commissioner

may order restoration for the damage, destruction, or removal of

a sand dune or a portion of a sand dune or the killing,

destruction, or removal of any vegetation growing on a sand dune

seaward of the dune protection line or within a critical dune

area in violation of this chapter or any rule, permit, or order

issued under this chapter.

(b) The decision to require restoration under this section is

discretionary with the commissioner. This section does not

impose a duty on the state to order restoration.

under this section and may pay the costs of restoration from

money appropriated by the legislature.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 20, eff. September 1, 2007.

Sec. 63.1814. NOTICE REQUIREMENTS; ORDERS AND HEARINGS. (a)

The commissioner shall assess an administrative penalty and

pursue restoration in accordance with this section.

(b) Before the commissioner may order restoration under Section

63.1813 or assess an administrative penalty under Section

63.1811, the commissioner must give written notice to a person

who is taking or has taken actions that violate Section 63.091 or

any rule, permit, or order issued under this chapter. The notice

must state:

(1) the specific conduct that violates Section 63.091 or any

rule, permit, or order issued under this chapter;

(2) that the person who is engaged in or has been engaged in the

conduct that violates Section 63.091 or any rule, permit, or

order issued under this chapter must perform restoration for the

damage caused by the violation not later than the 60th day after

the date on which the notice is served;

(3) that failure to perform restoration for the damage caused by

the violation in accordance with the commissioner's order may

result in liability for a civil penalty under Section 63.181(b)

in an amount specified, restoration contracted or undertaken by

the commissioner and liability for the costs of restoration, or

any combination of those remedies; and

(4) that the person who is engaging in or has engaged in conduct

that violates Section 63.091 or any rule, permit, or order issued

under this chapter may submit, not later than the 60th day after

the date on which the notice is served, a written request for a

hearing.

in conduct that violates Section 63.091 or any rule, permit, or

order issued under this chapter for purposes of this section if

the person is the person who most recently owned, maintained,

controlled, or possessed the real property on which the conduct

occurred.

(d) The notice required by Subsection (b) must be given:

(1) by service in person, by registered or certified mail,

return receipt requested, or by priority mail; or

(2) if personal service cannot be obtained or the address of the

person responsible is unknown, by posting a copy of the written

notice at the site where the conduct was engaged in and by

publishing notice in a newspaper with general circulation in the

county in which the site is located at least two times within 10

consecutive days.

(e) The commissioner by rule may adopt procedures for a hearing

under this section.

(f) The commissioner must grant a hearing before an

administrative law judge employed by the State Office of

Administrative Hearings if a hearing is requested. A person who

does not request a hearing within 60 days after the date on which

the notice is served waives all rights to judicial review of the

commissioner's findings or orders and shall immediately initiate

mitigation and pay any penalty assessed. If a hearing is held,

the commissioner may issue a final order approving the proposal

for decision submitted by the administrative law judge concerning

mitigation and payment of a penalty. The commissioner may change

a finding of fact or conclusion of law made by the administrative

law judge, or may vacate or modify an order issued by the

administrative law judge in accordance with Section 2001.058,

Government Code.

(g) A person may seek judicial review of a final order of the

commissioner under this section in a Travis County district court

under the substantial evidence rule as provided by Subchapter G,

Chapter 2001, Government Code. The trial courts of this state

shall give preference to an appeal of a final order of the

commissioner under this section in the same manner as provided by

Section 23.101(a), Government Code, for an appeal of a final

order of the commissioner under Section 51.3021 of this code.

(h) If the person who is engaged in or has been engaged in

conduct that violated Section 63.091 or any rule, permit, or

order issued under this chapter does not pay assessed penalties,

mitigation costs, and other assessed fees and expenses on or

before the 60th day after the date of entry of a final order

assessing the penalties, costs, and expenses, the commissioner

may:

(1) request that the attorney general institute civil

proceedings to collect the penalties, costs of restoration, and

other fees and expenses remaining unpaid; or

(2) use any combination of the remedies prescribed by this

section, or other remedies authorized by law, to collect the

unpaid penalties, costs of restoration, and other fees and

expenses assessed because of unauthorized conduct and its

mitigation by the commissioner.

(i) Penalties or costs collected under this section shall be

deposited in the coastal erosion response account established

under Section 33.604.

Added by Acts 2007, 80th Leg., R.S., Ch.

1256, Sec. 20, eff. September 1, 2007.