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Public Hearings Scheduled for the Latest Coastal Issues and the Texas GLO
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Members of Galveston County Commissioners Court are up in arms over new regulations proposed by the Texas General Land Office that provide new procedures for local governments and the GLO to follow when processing individual Beach Construction Certificates and Dune Protection Permits, as well as local government beach access and use plans.

The Texas General Land Office (GLO) has proposed new rules in the May 16th edition of the Texas Register which implement certain provisions of House Bill 2819, 80th Legislature.

The proposed rules cover two major subject areas:

One group of rules primarily provides new procedures for local governments and the GLO to follow when processing individual Beach Construction Certificates and Dune Protection Permits, as well as local government beach access and use plans.
The second group of rules outlines guidelines for local governments that choose to adopt erosion response plans containing a building set-back line.

Read More on Coastal Issues

The proposed regulations ask coastal cities to adopt a local erosion response plan that includes a building setback equal to 60 times the annual erosion rate. That could push construction back as much as 300 feet in some areas of Galveston’s West End, where beaches are eroding at an average of 5 feet per year. The city of Galveston has a 25-foot setback requirement from the north toe of the dunes.

Although state officials describe the new rules as suggestions, eligibility for grant funding is tied to compliance. If local governing bodies do not adopt the proposed regulations, they could be denied Coastal Erosion Planning and Response Act money.

The takings issue might apply only to undeveloped property or to lots where houses are destroyed by some future storm, but all beach-front property could be subject to a loss in value because of the new rules, said John Lee, mitigation coordinator for Galveston County and a member of the erosion task force. State officials did not adequately consider local input before writing the new rules, Lee said.

Read More at Galveston County Daily News

Galveston County Commissioners Court voted 4-0 to request that the Texas General Land Office extend the comment period on proposed new beach and dune regulations and to hold a public hearing in Galveston to allow public comments. It was also requested that the GLO issue reasons in adopting the proposed rules and clarification of these new rules.

In a letter to Land Commissioner Jerry Patterson that had been drafted by Myrna Reingold in the Galveston County Legal Department, it was noted that the rules would also have an impact on Brazoria County, Cameron County, Chambers County, Jefferson County, Matagorda County and Nueces County.

Galveston County Mitigation Coordinator John Lee reported that the Galveston Park Board of Trustees on Tuesday supported the commissioners court request for an extension and a public hearing.

"It was a unanimous vote," Lee said.

Representatives of West Galveston Island and the Bolivar Peninsula attended the commissioners court meeting to hear the discussion.

Read More at GuidryNews

Two public hearings have been scheduled for July 8th. The first of the two will be held at 11:00 am in the Jury Assembly Room at the new Galveston County Justice Center, and the second will be at 4:00 pm in the County Annex Building on the Bolivar Peninsula. Commisioner Patterson will be at both. We hope you all can attend.

Comments

By Rufus McTavish @ Thursday, June 12, 2008 4:40 PM

I don't know what the big deal is. It states right there in the Texas Constitution that the beaches of the State of Texas belong to the people. Seems to me the GLO is only protecting the interest of the citizens of Texas and that of future Texans to the quiet enjoyment of their constitutionally protected beaches.

By Gary Weldon @ Thursday, June 12, 2008 8:15 PM

It's about time that the GLO and the state of Texas do something about what is going on as far as the illegal development along the Texas beaches. The only people benefitting from the sale of State proprerty are the realators and developers. Most of the buyers do not realize that even though they may be able to insure their built investment, the property will someday be gone and that is not an if, it's a when. Leave the beaches alone. Allow Mother Nature to take care of the beaches. Quit spending tax payers money on building trash dunes that allow FAKE dunes to appear and then along comes a developer and a real estate company trying to sell a FAKE lot for 300k or more. Wake up people. Enjoy what Mother Nature has provided us. Quit messing with Mother Nature and remember.........."Don't Mess With Texas" I am sick and tired of watching the County of Galveston rake plastic bottles and glass and whatever else is left on the beach from the TRASH Tourist that come here to mess up our home. Enough is enough. I am also sick and tired of hearing and seeing these beachfront lots selling for all this money. Folks, this land is overpriced. It has become a joke

By David Blackstock @ Thursday, June 12, 2008 10:49 PM

Finally, the state is taking action. It’s about time. With all the BS going on over here about this NEW WORLD, I wonder if the GLO will make the beaches larger so more people will drive on beach and park on beach so more parking permits can be issued. Maybe the GLO will help be funded by these monies. By the way, has anyone noticed the pitiful job this corrupt water department is doing to our STATE HWY. I know it is tearing up the front end of my car on Hwy. and any of the north/south side streets you cross. But wait, the Hwy belongs to the state. The streets are the county’s responsibility. What is really going on over here? Does anyone really know? Does anyone really care? I know! It’s all about the money people. When the dust settles and the developers are gone, who do you think will pay for the man created mess? The local people that live here! That’s who will have to address this mess. Why is everything such a secret? Does anyone with a brain really think that a real estate person or a developer cares about us people that have lived here the last 20 to 30 years. I don’t think so.

By Concerned Citizen @ Thursday, June 12, 2008 11:19 PM

Very interesting and truthful posts. I do not get that involved with this type of thing often, but I am mad too ! Ponder this !!!!!!!!!!!! Our Texas Gulf Coast
2008 Year of the Ocean Declared by United Nation sour OCEAN, THE GULF OF MEXICO
What is its future? Man has abused and polluted, but now has a brighter future. It has been accepted into MARPOL to stop ocean dumping. Today dumping is being monitored by the Center for Marine Conservation to identify the source. This change will ensure a healthy ecosystem for marine life and birds to flourish. Offshore oil rigs provide an "island of life for fish and plants". Twenty eight species of whales and dolphins are now known to exist in our Gulf.
TEXAS GULF COAST
What is its value? It is home to 65% of our nation's petrochemical industry. The Gulf Intracoastal Waterway moves cargo worth billions of dollars annually. The Texas Birding Trail brings millions of tourists to our wetlands and shoreline, the fastest growing segment of our state's travel history.
NEGLECTED UPPER TEXAS COAST
What can be lost and what is its value? Continued severe erosion and an inevitable storm pose a giant threat to its future and to SH87, the only evacuation route for the Bolivar Peninsula. This perilous situation endangers our lives, the waterways, wetlands, birding sanctuaries, and economic growth on the peninsula, WITHOUT ANY GOVERNMENTAL RESPONSE TO ASSIST. Urgent attention to the Upper Texas Coast and its perilous situation is mandatory, before it is too late.
COMMIT YOURSELF
WE HAVE NO COASTAL
LOBBYISTS
EROSION OF THE UPPER TEXAS COAST
WHAT CAN WE DO? East Texas rivers have been dammed, blocking silt, which replenishes our beaches, from flowing into the Gulf. The 3 mile Sabine Pass Jetty stops east to west littoral currents from washing silt upon our shore. We need to bypass silt through dams and jetties, as Florida does, and pump known offshore sand deposits onto our beach. VEGETATION is our most valuable weapon to combat erosion. It traps blowing sand to build dunes, our fragile seawall, and elevates the beach for protection from high tides and storm surges.
WHAT MUST YOU DO?
STAY OFF dunes and upper beach vegetation. VEGETATED DUNES ARE NOT PART OF THE PUBLIC BEACH. Vehicles and footprints cause disaster. Erect elevated walkways over dunes to protect vegetation. Raise walkways when dunes have grown higher. Foot paths cause a gap in the dune line that could cause a washout during a storm. Plant gaps with natural vegetation.
STOP Galveston County's beach cleaning method, which scrapes the beach, pushes sand and debris onto the dunes, destroying all vegetation in its path, and removes natural objects which trap sand to build our dunes.
LEGISLATION - Our coast has no incorporated area to pass an ordinance for its protection, and counties cannot pass an ordinance. We must strive to have legislation enacted to delegate to coastal counties the power to pass ordinances for the safety of citizens and enhancement of our beach.
BE HEARD IN AUSTIN
HELP MOTHER NATURE
SH87 ON THE BOLIVAR PENINSULA
OUR ONLY EVACUATION ROUTE
ENDANGERED
HAS ROLLOVER PASS CONTRIBUTED
TO THIS PERILOUS SITUATION?
HERE ARE THE FACTS, YOU BE THE JUDGE
1955
Rollover Pass opened. Prior to this Intracoastal Waterway dredged once; today every 15 17 months.
1978 State threatened to close Rollover Pass due to erosion
1982 Legislative funding to stop erosion was bottlenecked, funds allocated for "a study".
1989 RestorP>ation of Gulf side of Pass began.
Repairs to Pass completed at a cost $2.6 million.
1993 One house fell into surf west side of Pass.
1996 Tropical storm Josephine scoured the beach and State Emergency 1992
Management was declared. Eleven houses were destroyed including five west of Pass. Four have been moved back to dubious safety.
1997 Corp of Engineers dredged waterway, County and State pumped stolen sand back through the Pass to replenish the beach.
1998 SH87 is a mere 300 feet from the beach near the Pass and its bridge. Over the past 31 years 400 feet of land has been lost west of the Pass.
WHAT HAS ALL THIS COST TAXPAYERS?
Money down the drain, without one step taken to find a Solution to protect SH87 and lives, homes and future of Texans. The amount of tax money spent on the pass for the past 43 years must be staggering. Severe erosion of SH87 and the upper Texas coast continues, WITHOUT ANY GOVERNMENT RESPONSE.
MUST WE HAVE A DEVASTATING
STORM TO GET ATTENTION?
Year of the ocean – 2008 - Get into it!
Severe erosion of our Upper Texas Coast is a major threat of disaster to SH87, our only evacuation route off the Bolivar Peninsula to safety. This perilous situation endangers our lives. Wetlands, intracoastal waterway, wildlife, future economic growth, and results in loss of tax dollars.
An inevitable storm will wash it all away. Urgent attention to the upper Texas Coast and SH87 is imperative and a solution to Rollover Pass must be found before is is too late.

By Jerry Patterson @ Friday, June 13, 2008 5:36 AM

Beach rule proposals are fair and flexible

By Jerry Patterson
Contributor
Published June 12, 2008

Galveston County Commissioner Patrick Doyle, speaking about proposals to control coastal erosion, told Guidry News Service on June 5: “I’m not going to get on my soap box but, to me, when we get this kind of stuff from Austin, it is like somebody sitting in a tower with their foot up their ‘you know what’ and don’t have a clue about what goes on in the real world.”

To paraphrase Mark Twain, “It’s better to keep your mouth closed and let people think you are ignorant of the facts than to open it and remove all doubt.”

One wonders what Commissioner Doyle would have said had he chosen to get on his soapbox?

I invite him to venture a few miles down the coast to Surfside and view the former front-row homes that are now standing in the water at high tide. That’s the “real world” on the Texas coast.

During the past six years, the Texas Legislature has spent more money than ever before to address coastal erosion.

As Commissioner of the Texas General Land Office, I’ve spent those years working with lawmakers to increase their awareness of the coast’s needs.

I’ve lobbied hard for coastal funding. There is still much work to be done, but I am proud of what is being accomplished in Galveston and along the Texas coast thanks to the more than $55 million in taxpayer money the Legislature has provided to tackle coastal needs during that time.

Continued success in persuading the Texas Legislature to invest in our coast will only come if legislators see that we have been careful stewards of these tax dollars.

The new beach-and-dune rules proposed by the GLO will provide the tools local governments need to better protect the dunes and homeowners. They’ll also show the Legislature that the coastal communities asking for public funding to combat erosion are taking the issue seriously and planning for the future.

These proposed changes encourage, but don’t require, local coastal officials to create an erosion response plan. The proposed new rules give several options for local governments to consider when establishing a construction setback along eroding beaches of either:

1. 60 times the annual erosion rate, measured from the line of vegetation.

2. 25 feet landward of the landward toe of the dunes.

3. 300 feet landward of the mean-high-water line.

Or, local governments may even propose alternatives to these suggestions for what best fits their situation.

These erosion response plans are entirely voluntary. The proposed rules have been designed to allow local governments to tailor a plan that best fits their community’s needs, as no one-size-fits-all plan from Austin could ever work everywhere on the Texas coast.

These proposed rule changes are now out for public comment through July 17. General Land Office staff members have spent several weeks traveling the coast to make sure the comments from everyone concerned are heard.

I have made sure the rules grandfather existing legal construction and are flexible enough to allow local governments the room to propose alternative solutions to their individual erosion issues.

Almost everyone who lives in a coastal community would agree that local-government officials should have an erosion-response plan. But some officials are upset that I would even consider asking them to create such a plan or, worse yet, that I or any other TGLO commissioner would consider their voluntary erosion-control plan when handing out taxpayer dollars to address the erosion problems in their area.

The flexibility of these proposed rules — along with the many opportunities for exemptions — ensure that private property rights are respected. These proposed rules aren’t intended to keep anyone from building on their property. They will, however, help to protect that private property.

Jerry Patterson is commissioner of the Texas General Land Office.

By Will Mitchell @ Friday, June 13, 2008 11:34 AM

I just bought my land now the politicians want to change the rules. Who is going pay me for my damages or buy my lot now?

By Concerned Citizen @ Friday, June 13, 2008 1:01 PM

Real estate seller disclosure act : §1022. Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agent." Any broker, associate broker or salesperson, as defined in the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.

"Buyer." Any individual, partnership, corporation, trustee or combination thereof purchasing any estate or interest in real property as provided under section 3(a).

"Final settlement." The time at which the buyer and seller have signed and delivered all papers and consideration to convey title to the estate or interest in real property being conveyed.

"Material defect." A problem with the property or any portion of it that would have a significant adverse impact on the value of the residential real property or that involves an unreasonable risk to people on the land.

"Seller." Any individual, partnership, corporation, trustee or combination thereof transferring any estate or interest in residential real property as provided under section 3(a).

Who sold this property to you ? There are methods you may use to litigate your problem. My prior post is factual. This too is.

By mlmoreau @ Friday, June 13, 2008 9:31 PM

This is typical of the politicians and bureaucrats at the agency level. In this case the Texas GLO. Have they actually toured the Texas coastline? I'm sure there are places that this "erosion" exsiist, but as usual, kneejerk "rules and reg's", usually do not take into account the "majority of Texas coastal beaches" which has no erosion problems, but the small portion that do. Its always "the sky is falling" mentality.

Now my question is, will the juristriction of the City of Galveston "cave" with inducement of the promise from State funds to sign off on this ?

I see where the County seems to be balking at these GLO proposed rules and regulations. Will they cave?

Has the GLO seen the Bolivar Peninsula dunes. They are piling up to an approximate 12-15 foot height, with absolutely no visible "erosion".

Doe's everyone understand the difference between laws passed by the legislature and rules and regulations issued by the state agency responsible for implementation ?. How do they do that? Through, interpretation of the laws meaning, issuance of rules and regulations, which are often tested by the judicial court system.

Remember Will Rogers famous quoatation? "making of laws by Congress, is like making sausage. You do not want to watch how it's being made".

Mike Moreau
mlmoreau2003@yahoo.com

By Sonny Beach @ Saturday, June 14, 2008 12:47 PM

Mike: What planet......I mean peninsula do you live on ????? http://www.glo.state.tx.us/coastal/erosion/cycle04/index.html

By mike moreau @ Saturday, June 14, 2008 2:18 PM

In response to Sonny's comment: I live on the same planet you do; what part of my commentary did you not understand?

Next time, try to leave something constructive. It's a whole lot easier than leaving demeaning, sarcastic remarks!

By Sonny Beach @ Saturday, June 14, 2008 6:12 PM

"They are piling up to an approximate 12-15 foot height, with absolutely no visible "erosion". Ride the beach, son.....ride the beach. The entire beach. DAH !!!!!!!!

By Sonny Beach @ Saturday, June 14, 2008 6:19 PM

"Any fool can criticize, condemn, and complain - and most fools do".
Dale Carnegie This is one of my favorite quotes.

By Rick Rosenthal @ Tuesday, July 01, 2008 9:39 AM

Reference GLO new regulations, if anyone thinks GLO is a friend of the Texas coast I have some beach front property in Arizona ffor sale. Why has Texas recieved less fedural funds for beach protection then the great coastal state of Illonois, you might ask the Glo the answer to this. Why have we spent millions on studies when other states have proven methods to retard beach erosion?? The biggest problem we have is the fact we recognise we have a problem and have done nothing to repair it.

By Local @ Friday, July 04, 2008 12:42 PM

The Biscayne Development : Look up the Ad for this development on this web site. It really hits the nail on the head. After further review, it is obvious that at least someone realizes that indeed the Texas coast is eroding. This development is not. The reason of course is because of the North Jetty. One would think that the GLO would see this and attempt to maintain the beaches and treasured shorelines of Texas simply for the amount of revenue brought into the state from home buyers, vacationers and tourists. Is anyone listening ? Is anybody home?

By Leigh Jones Galveston Daily News @ Monday, July 14, 2008 7:07 AM

Locals still suspicious of beach setback rules

Local officials and residents seemed unconvinced Tuesday by Land Commissioner Jerry Patterson’s assurances that they would not be forced to adopt stiffer rules proposed by the Texas General Land Office about building near the beach.

The rules are optional, and although compliance is tied to Coastal Erosion Planning and Response Act grant fund allocations, it will not absolutely disqualify local governments from receiving the money they rely on for beach reconstruction projects, Patterson said.

But it could, and that’s what the majority of about 100 people who attended the public meeting couldn’t get past.

“This is an unfunded mandate,” said Patrick Doyle, Pct. 1 county commissioner. “It is voluntary, but if we don’t (comply), we don’t get the (grant) dollars.”

If commissioners took a vote now to decide whether to adopt the recommended erosion response plan, Doyle said his vote would be no. The regulations are not good for the county, its residents, the tax base or the state, he said.

Audience members clapped loudly as Doyle returned to his chair and Patterson slowly shook his head back and forth.

Exemptions provide flexibility

The proposed rules suggest local governments adopt the greater of three suggested setback distances, which is the distance from the public beach that buildings can be constructed. In Galveston, it would be 60 times the annual erosion rate measured from the vegetation line in front of the dunes. If adopted, the setback would push new building back about 300 feet from where it is now, 25 feet from the landward toe of the dune.

City officials released maps several weeks ago showing the suggested setback line for the entire West End. In some areas, it crosses to the north side of FM 3005.

But exemptions in the proposed rules would still allow building seaward of the setback line, where no other practicable alternative exists, said Eddie Fisher, director of the land office’s coastal protection division.

“That phrase, to the extend practicable, is like a big wide hole,” he said.

Exemptions would also allow homeowners seaward of the setback line to rebuild after a storm or other destructive event, like a fire, as long as they stuck to the footprint of the original property, Fisher said.

Taking private property

But the ability to rebuild does not keep the rules from constituting a taking of private property, said Marie Garrett, a West End home-owner.

The limitations on expansion, during rebuilding or just to improve a property, would automatically reduce property value, she said. If the loss in value is large enough, it could become a taking, she said.

State officials disagreed, saying a taking was not an issue because the exemptions provided flexibility for property owners. But they acknowledged that they didn’t have definite answers to questions about takings, an ambiguity upon which audience members pounced.

And they acknowledged the proposed rules put the onus on local entities to decide whether to purchase properties that end up on the public beach or are damaged by storms, something that could have a tremendous effect on city and county budgets, said Galveston Councilman Danny Weber.

Property owners also are sure to sue over the regulations, Weber said.

No answers for insurance fears

According to the preamble to the proposed rules, published in May in the Texas Register, communities that adopt substantial elements of the recommendations could help property owners qualify for reduced National Flood Insurance Program insurance rates.

If they don’t, will insurance rates go up, audience members asked.

Patterson and other land office officials looked back and forth at each other for a long time before answering.

“I’m not sure that would be a factor unless there was damage (after a storm),” Patterson said. “But I guess the answer is, we don’t really know.”

Homeowners said they feared insurance companies could use any adopted setback line as justification for denying insurance or dramatically increasing rates.

Just common sense

But some people who attended Tuesday’s meeting thanked the land office for proposing the wider setback, something one woman described as common sense.

“Instead of taking a proactive stance, people want to continue to do what we’ve done for years,” said Lorraine Brown, a Sea Isle resident and member of the Texas Open Beach Advocates.

Mark Muhich, with the Galveston chapter of the Sierra Club, said it was irresponsible to permit houses on land people know will erode.

“Your rules are based on science, not a political consideration, scientific fact,” he said. “We must base our future on that.”

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