US Laws, Codes, Statutes & Cases

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.