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Port Aransas Exempt From 350 Ft. Setbacks
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Nueces County's controversial 350-foot dune-protection rule has passed muster.
The Texas General Land Office signaled Tuesday it would certify the county's Beach Management Plan - touted by some as protection for both the environment and development, and attacked by others as an encroachment on waterfront owners' property rights and a chill on development. The move gives the plan the force of law.
 The rule exempts owners of undeveloped, previously platted, gulf-front lots - some of whom had worried that their land might be rendered worthless.
The plan is scheduled to take effect May 28. It will be published in the Texas Register on May 25.
"It's a plan that has struck a balance between development interests and the environmental community," said Jim Suydam, a spokesman for the land office.
The setback, which places habitable structures 350 feet behind the dune vegetation line, remains the strictest on the Texas coast but allows builders to place swimming pools and other amenities between the structure and the dunes. Those amenities must be at least 200 feet behind the dune vegetation line, the standard setback for all structures in Texas. The 350-foot setback has been in force through permit delays for seven years.
Under old dune permitting rules, developers had to show that they avoided dunes to the greatest extent possible and minimized harm to dunes during construction. Developers now will get credit for avoiding and minimizing impacts to dunes for all new construction beyond the 350-foot line.
"That's arguably the most arduous part of the process," Suydam said.
Port Aransas is exempt from the rules under the plan. Corpus Christi is not.
The plan forced Corpus Christi and the county into a spat that blew up in December. City officials, who had sought to wrest dune permitting authority from the county, feared the rules would restrict development and slow growth of the local tax base.
County officials argued that they had enforced the 350-foot rule through permit delays for nearly seven years and had approved thousands of units in the meantime.
When the county sought to formalize the 350-foot rule last year, the city asked the county and the land office to amend the county's proposed plan to grandfather previously platted lots and to give credit for minimizing dune impacts landward of the setback.
It is unclear which side prevailed.
"We feel very good and think the General Land Office reviewed everything in great detail," said Tom Utter, the special assistant to the city manager, who said he had not yet seen the final version of the plan.
County Commissioner Chuck Cazalas, whose precinct includes island beaches and who strongly advocated the 350-foot rule, said the county argued it had intended to observe the compromise rules, even if they weren't written into the plan.
"It was just a matter of getting the two sides together on language the GLO would find acceptable," said John Michael, a former member of the Beach Management Committee.
By DAN KELLEY Caller-Times
Beachfront Construction Permits
The responsibility for preserving the dunes is shared by the state and local coastal governments. Statewide minimum, uniform standards for dune protection ensure that dunes on South Padre Island receive the same protection as the dunes on Bolivar Peninsula. Cities and counties along the coast are required to adopt laws to protect dunes and dune vegetation. Usually, these local laws are adopted as dune protection plans. Although they may vary slightly from one local government to another, these plans generally require dune protection permits and beachfront construction certificates for any construction activity within 1,000 feet of the high tide line.
Dune protection permits detail the actions an owner, builder, or developer must take to prevent or minimize damage to dunes on a construction site. Typically, a dune protection permit will require that the builder avoid dunes when possible. Where dunes are unavoidably damaged or destroyed, the permit may require that the builder repair the damage or replace dunes and dune vegetation.
Local governments also issue beachfront construction certificates which ensure that coastal construction does not interfere with the public's access to, use of, and enjoyment of the beach. Some certificates may require the construction of new public beach accessways or the provision of off-beach parking.
The state reviews local dune protection plans and certifies that they meet the minimum state standards set forth in the General Land Office Beach/Dune Rules. The General Land Office and Office of the Attorney General review and comment on applications for local dune protection permits and beachfront construction certificates.
The Beach Access and Dune Protection Program is designed to help local landowners and communities protect and preserve their beaches so that all Texans can continue to enjoy them.
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