Texas Natural Resources Code Title 2, Chapter 63 - Dunes

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B DUNE PROTECTION LINE

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C PERMITS

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D PROHIBITIONS

• Texas Section 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)...
• Texas Section 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...

SUBCHAPTER E CRITICAL DUNE AREAS

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F APPEALS

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G PENALTIES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 (H.B....
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016