The Texas Coastal Coordination Council is proposing to amend paragraph 501.26 (b)(5) of 31 TAC to allow shore protection projects in sea turtle nesting areas, as long as they avoid adverse impacts to those areas. The rule currently prohibits the location of a shore protection project in a sea turtle nesting area or in any other location where the project will adversely affect an endangered species. The revision will allow construction to occur as long as that construction does not adversely affect sea turtle nesting areas or an endangered species. Sea turtle nesting areas have expanded to cover most of the Texas coast, including areas where shore protection projects currently exist. The General Land Office has the authority to issue rules affecting construction in the beach/dune system, which must be consistent with this policy and may provide specific requirements for design and timing of installation.
The Council proposes to amend §501.26(b)(6) to allow for the construction of shore protection projects in areas with stable or accreting beaches. The reason for the change is to allow storm surge protection for the shoreline in areas of the state where the beaches are stable or accreting in addition to those areas that are eroding.
Comments may be submitted to Ms. Deborah Cantu, Texas Register Liaison, Texas General Land Office, Legal Services Division, P.O. Box 12873, Austin, TX 78711-2873; facsimile number (512) 463-6311; email address deborah.cantu@glo.state.tx.us. Comments must be received no later than 5:00 p.m., 30 (thirty) days after the proposed amendments are published.