Monday, June 30, 2008

GLO Proposed Setbacks (HB 2819)

If the suggested setbacks go into place it would bump building from 25 feet, the current setback, to an average of 300 feet from the dune line. That would be around Beard Drive, you could lose the right to build on Bernice Drive.

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.

Please view these two stories that were in the Galveston Daily News for more information:

http://galvestondailynews.com/story.lasso?ewcd=8d4c219dec47cf14
http://galvestondailynews.com/story.lasso?ewcd=a212b5890e965440


HB 2819 Proposed GLO Rule Changes Erosion Response Plan (ERP)\

• Local governments must develop a draft plan by July 1, 2009, and
incorporate into the existing Beach & Dune Plan
• Establishment of a set back line, at minimum, no less than the greater of:
􀂾 60 times annual erosion rate, measured from the line of vegetation
(Basis UT Bureau of Economic Geology erosion rates);
􀂾 25 feet landward of the landward toe of the foredune ridge; or
􀂾 If there is no foredune ridge, 300 feet landward of mean high water of
the Gulf of Mexico
• Set back line rules for local governments
􀂾 Develop criteria to identify properties seaward of the set back line for
acquisition by local government
􀂾 Provide for the acquisition of fee simple title or a lesser interest in
such properties by the local government.
􀂾 Promulgate techniques for prioritizing properties to be acquired by
local government
􀂾 Consider acquisition of structures located seaward of the set back
line, by the local government. Structures that are damaged more than
50% or destroyed by a meteorological event repairs will fall under
provisions of proposed rules section with stricter standards.
􀂾 Prohibit new construction seaward of the building setback line.
􀀹 No construction for platted properties within setback line
Practicable standard / with limited grandfather provisionmust
have current or expired beachfront construction.
Construction activities cannot exceed footprint of original
permit.
􀂾 Structures within the setback area
􀀹 New construction are to be 3 feet freeboard above BFE and no
impervious cover and open foundations
􀀹 Develop a relocation plan for structures less than 5000 square
feet prepared by a registered professional engineer. Larger
structures not required to have a relocation plan.
􀂾 Dune Protection Line (DPL)
􀀹 The building set back line may not be located further
landward then the DPL, but the DPL must protect critical
dunes from erosion due to construction on adjacent properties.
Counties have statuatory authority to establish DPL, set-back
lines could impact DPL, forcing movement of DPL to match
State requirements.
􀀹 Local governments should ensure existing dunes protect inland
areas from a 100 year storm surge
􀀹 Local governments should provide dune restoration to fill gaps
in foredune ridge created by blowouts and private access
􀂾 Grandfathered areas:
􀀹 Previously approved master planned developments as defined
by GLO
􀀹 Accreting beach greater than 2 feet per year
􀀹 Platted property with an expired or current permit with
construction consistent with the prior permit
• Requirement for consideration of CEPRA eligibility
• Updated every 5 years
Other changes in HB 2819
• Line of vegetation – GLO determination is final
• Review periods – permits and amendments to beach access plans –
depending on situation, can be 30, 60, or 90 days
• GLO Commissioner has authority to determine if a property is insurable and
should be denied windstorm coverage through TWIA
• Prepare Geo-hazard maps for various coastal

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