(A) Standards. The city shall apply the following standards when issuing, denying or conditioning dune protection permits and beachfront construction certificates. These requirements are in addition to the requirements of §§ 92.09 and 92.10 of this chapter and Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, §§ 15.4 and 15.5.
(B) Location of construction. The city shall require permittees to locate all construction as far landward as is practicable and shall not allow any construction which may aggravate erosion.
(C) Prohibition of erosion response structures. The city shall not issue a permit or certificate allowing construction of an erosion response structure. Notwithstanding the general prohibition on constructing erosion response structures, the city may authorize the construction of a structural shore protection project that conforms with the policies of the Coastal Coordination Council promulgated in Tex. Administrative Code Title 31, § 501.26(b). However, the city may issue a permit or certificate authorizing construction of a retaining wall, as defined in § 92.03 of this chapter, under the following conditions. These conditions only apply to the construction of a retaining wall; all other erosion response structures are prohibited.
(1) The city shall not issue a permit authorizing the construction of a retaining wall within the area 200 feet landward of the line of vegetation.
(2) The city may issue a permit authorizing construction of a retaining wall in the area more than 200 feet landward of the line of vegetation.
(D) Existing erosion response structures. In no event shall the city issue permits or certificates authorizing maintenance or repair of an existing erosion response structure on the public beach or the enlargement or improvement of the structure within 200 feet landward of the natural vegetation line. Notwithstanding the general prohibition on maintaining or repairing erosion response structures, the city may authorize the maintenance or repair of a structural shore protection project that conforms with the policies of the Coastal Coordination Council promulgated in Tex. Administrative Code Title 31, § 501.26(b). Also within 200 feet landward of the natural vegetation line, the city shall not issue a permit or certificate allowing any person to maintain or repair an existing erosion response structure if the structure is more than 50% damaged, except under the following circumstances:
(1) When failure to repair the structure will cause unreasonable hazard to a public building, public road, public water supply, public sewer system or other public facility immediately landward of the structure; and
(2) When failure to repair the structure will cause unreasonable flood hazard to habitable structures because adjacent erosion response structures will channel floodwaters to the habitable structure.
(E) Construction in flood hazard areas.
(1) The city shall not issue a permit or certificate that does not comply with FEMA's regulations governing construction in flood hazard areas. FEMA prohibits man-made alteration of sand dunes and mangrove stands within Zones VI-30, V and VE on the community's flood insurance rate maps which would increase the potential for flood damage.
(2) The city shall inform the General Land Office and the FEMA regional representative in the state before it issues any variance from FEMA regulations or allows any activity done in variance of FEMA's regulations found in 44 C.F.R. Parts 59-77. Variances may adversely affect the city's participation in the National Flood Insurance Program.
(3) The city shall not issue a permit or certificate that does not comply with FEMA minimum requirements or with the FEMA-approved local ordinance or county commissioners court order.
(F) Construction in eroding areas. The city shall follow the standards provided in Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, §§ 15.4-15.5 and 15.6(f) for construction in eroding areas. If there is any conflict between Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, §§ 15.6(f), 15.5 (relating to Dune Protection Standards) and 15.5 (relating to Beachfront Construction Standards), § 15.6(f) applies. The General Land Office shall supply information for or assist the city in determining eroding areas and the landward boundary of eroding areas. In addition, because of the higher risk of damage from flooding or erosion in the areas, the city shall:
(1) Require that structures built in eroding areas be elevated on pilings in accordance with FEMA minimum standards or above the natural elevation (whichever is greater);
(2) Require that structures located on property adjacent to the public beach be designed for feasible relocation;
(3) Allow a permittee to alter or pave only the ground within the footprint of the habitable structure (however, brick pavers, gravel or crushed limestone may be used to stabilize driveways) only if the alteration or paving will be entirely undertaken, constructed and located landward of 200 feet from the line of vegetation or landward of an eroding area boundary established in the city's beach and dune plan, whichever distance is greater; and
(4) Unless otherwise restricted by the city's plan, and if consistent with the requirements of the National Flood Insurance Program, the city may permit the construction of breakaway or louvered walls for a storage area no larger than 300 square feet.
(G) Construction affecting natural drainage patterns. The city shall not issue a certificate or permit authorizing construction unless the construction activities will minimize impacts on natural hydrology. The projects shall not cause erosion of adjacent properties, critical dune areas or the public beach.
(H) Emergency response to oil or hazardous substance spills. Any person responding to spills shall comply with the following regulations when cleaning up or disposing of oil or hazardous substances in the beach and dune system.
(1) The state on-scene coordinator is responsible for contacting the GLO Resource Management Division regarding proposed cleanup and disposal methods.
(2) The state on-scene coordinator shall, in consultation with the state natural resource trustees and through the incident command system, determine the appropriate depth for excavation and the appropriate quantity of sand to be removed, if any, from the beach and dune system.
(a) Spill cleanup. Cleanup methods shall avoid and otherwise minimize adverse impacts to the beach and dune system by ensuring that:
1. Removal of sand from the beach is limited to the absolute minimum and will not exacerbate shoreline erosion;
2. Manual cleanup methods are used, if practicable; and
3. Grading or scraping of the beach is minimized, and grading of non-oiled or non-hazardous areas is prohibited.
(b) Disposal of contaminated sand. Disposal methods shall avoid adverse impacts to the beach and dune system by ensuring that:
1. Before any scraped sand is relocated within the beach and dune system, the material shall be tested for toxicity and percent of oiling. Only material that does not pose a threat to human health and the environment may remain in the beach and dune system. New dunes (man-made mounds) may be built with nonhazardous material provided that they are built in accordance with Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, § 15.7(e) (relating to restored dunes on public beaches) and placed in areas pre-approved by the state natural resource trustees. A dune protection permit is not required for the new dune creation. The disposal shall be in accordance with applicable, relevant and appropriate requirements established by local state and federal laws;
2. Hazardous materials shall be removed and disposed of as required by local, state and federal laws; and
3. Disposal of waste must be in compliance with applicable state and federal laws and regulations of the State Natural Resources Conservation Commission and the United States Environmental Protection Agency. Disposal of oiled, non-hazardous sand shall be in accordance with applicable state and federal law, except that the sand shall not be disposed of in a location on or adjacent to dune vegetation, as defined in Tex. Administrative Code Title 31, Part 1, Chapter 15, Subchapter A, § 15.2 (relating to Definitions).
(Ord. 663, passed 2-22-2005)