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Galveston |
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Code of Ordinances |
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Chapter 29. PLANNING—BEACH ACCESS DUNE PROTECTION AND BEACH FRONT CONSTRUCTION |
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Article II. BEACH ACCESS DUNE PROTECTION AND BEACH FRONT CONSTRUCTION REGULATION |
§ 29-2. Development, preservation and protection of sand dunes.
In general, statement of purpose and intention. Being located on an island in the Gulf of Mexico, the city is commonly subjected to such natural hazards as storm, flood and shoreline erosion. These hazards disrupt commerce and governmental services, impact the tax base and threaten public health, safety, and general welfare. It is to combat these hazards that development, preservation and protection of sand dunes is encouraged. However, many land uses reduce sand dunes' effectiveness in protecting against these hazards and are for this reason alone considered to be contrary to the public interest.
The Open Beaches Act and the Dune Protection Act require the Texas General Land Office to promulgate rules for the protection of critical dune areas and public beach use and access. The general land office is required to protect the public beach from erosion or reduction and adverse affects on public access and critical dune areas by regulating beachfront construction and other activities occurring along the shoreline of the Gulf of Mexico. The purpose of these standards is to augment general land office rules and to protect the public health, safety and welfare by minimizing losses due to flood, storm, waves and shoreline erosion. These standards are in compliance with those minimum standards established by the general land office and formulated to be consistent with all federal mandates. This section provides standards for managing the public beach and human activities occurring on the property fronting the Gulf of Mexico, consistent with the Texas Natural Resources Code, Sec. 61.001 (Open Beaches Act), et seq., a copy of which is attached, and the Texas Natural Resources Code, Sec. 63.001, et seq., (Dune Protection Act), a copy of which is also attached, and the National Flood Insurance Act.
In the event of a conflict between the Open Beaches Act; Dune Protection Act; Texas Administrative Code Title 31, Natural Resources and Conservation, Part I, Chapter 15, Subch. A, §§ 15.1—15.10 (hereinafter 31 TAC §§ 15.1—15.10); and the land development regulations, this Code, state law and regulations shall prevail over this chapter.
(a)
Requirement for a dune protection permit and/or a beachfront construction certificate.
Authority: The city is required to adopt dune protection and beach access plans within its jurisdiction, consistent with Title 31 Texas Administrative Code, §§ 15.1—15.10 (hereinafter 31 TAC §§ 15.1—15.10). By way of this section the city adopts the provisions of Title 31 Texas Administrative Code pertaining to coastal area planning. The city may choose to adopt higher standards for dune protection and beach access than those promulgated by the state. The city may enter into interlocal cooperation contracts for the administration of this program under the Interlocal Cooperation Act, Tex. Rev. Civ. Stat. Art. 4413 (32c). The city shall map or describe the jurisdictional boundaries of the dune protection line and identify said dune protection line by map. The requirement for a beachfront construction certificate or dune protection permit shall not extend landward from the face of the Galveston Seawall.
(1)
Beachfront construction certificate. No person shall engage in the construction of any structure or make an addition or alteration to any structure within the land adjacent to and landward of public beaches and lying in the area either up to the first public road generally parallel to the public beach or to any closer public road not parallel to the beach, or the area up to one thousand (1,000) feet of mean high tide, whichever distance is greater, until he has secured a beachfront construction certificate.
(2)
Dune protection permit. No person shall engage in the construction of any structure or make an addition or alteration to any structure or sand dune in the area seaward of the dune protection line until he has secured a dune protection permit for such addition, alteration, or construction.
(3)
The requirement for a dune protection permit and/or a beachfront construction certificate shall not apply to routine repairs, maintenance and upkeep of existing structures which do not enlarge, expand or redesign the existing structure except as prohibited in this section.
(4)
Permitting authorities.
a.
Final determination of whether repairs, maintenance or upkeep constitutes enlargement, expansion or redesign pursuant to subsection (a)(3) shall be the responsibility of the development services department.
b.
Beachfront construction certificates and dune protection permits for construction seaward of the dune protection line and beachfront construction certificates for construction up to fifty (50) feet landward of the dune protection line (seventy-five (75) feet landward of the north toe of the critical dune area) are subject to review by the development services department and are issued by the planning commission which includes all beach maintenance activities.
c.
Beachfront construction certificates for the area more than fifty (50) feet landward of the dune protection line (seventy-five (75) feet landward of the north toe of the critical dune area) are issued by the development services department.
d.
Dune protection permits for dune enhancement and revegetation activities only are issued by the development services department.
e.
Beachfront construction certificates and dune protection permits for the construction of new driveways, slabs, ground level enclosures beneath the existing footprint of the structure, dune walkovers, sand fences, perimeter fencing, fill projects, restored (man-made) dune projects located seaward of the dune protection line and beachfront construction certificates for construction up to fifty (50) feet landward of the dune protection line (seventy-five (75) feet landward of the north toe of the critical dune area) are subject to review and are only issued by the development services department.
(5)
No building permit shall be issued for any activity for which a dune protection permit and/or beachfront construction certificate is required until such permit and/or certificate has been issued by the city planning commission, or, when appropriate, the development services department.
(6)
No person shall engage in any business or occupy any structure for which a dune protection permit and/or beachfront construction certificate is required until he first secures a certificate of occupancy from the building official. Such certificate of occupancy shall be approved by the development services department as being in compliance with the land development regulations.
(7)
The city, development services department of, shall review the dune protection line every five (5) years to determine whether the line is adequately located to achieve the purpose of preserving critical dune areas. In addition to the five (5) year review, the city development services department shall review the adequacy of the location of the dune protection line within ninety (90) days after a tropical storm or hurricane affects the portion of the coast. No beachfront construction certificates or dune protection permits for new construction will be approved until a review of the dune protection line has been completed after a tropical storm or hurricane. Requirements for permits as stated in subsection (d) will be followed.
(b)
Building requirements. Structures required to have a dune protection permit and/or a beachfront construction certificate shall comply with FEMA standards for construction in flood hazard areas. Structures built seaward of the dune protection line shall comply with the following additional requirement:
(1)
Piers, if required, shall be set and the structure shall be constructed with minimum destruction of the existing terrain and vegetation;
(2)
The structure and lot design shall provide for the gradual and dispersed drainage of storm water runoff, such that runoff within the lot approximates natural rates, volumes, and direction of flow to avoid erosion and dune damage. Drain spouts, if any, shall be located so as to collect rainwater and distribute same evenly under the structure if no slab; porches, patios and balconies shall be constructed to allow rainwater to pass through. All drainage from the lot shall flow away from the beach and primary dune area; and
(3)
All permittees building structures seaward of the dune protection line must utilize the mitigation sequence defined in subsection (b)(1) and subsection 15.4(f) of the general land office regulations if dunes and dune vegetation will be adversely effected.
(c)
Vegetation and topography seaward of the dune protection line. As provided in this section unless otherwise unavoidable during construction, removal or destruction of vegetation within the area seaward of the dune protection line is prohibited. Any area where vegetation was removed or destroyed shall be revegetated. Likewise, alteration of the existing topography is prohibited unless otherwise unavoidable during construction.
Any unavoidable alteration of the contour as a result of construction activities shall be restored and revegetated, and any breach in the dune area, whether caused by man or nature shall be restored and revegetated before the issuance of a certificate of occupancy. Restoration and revegetation shall occur as follows:
(1)
All areas shall be restored to their original elevation. Breaches shall be restored to the contour of the adjacent dunes;
(2)
If the area is located in the critical dune area, then it shall be revegetated with Bitter Panicum (Panicum amarum) planted on (two (2) foot) centers with one hundred (100) percent coverage of the area and a mixture of Bitter Panicum (Panicum amarum) and Marshy Cordgrass (Spartina patens) planted on one (1) foot centers with one hundred (100) percent coverage of the area;
(3)
Sand fencing shall be required;
(4)
Revegetation shall not be considered complete until the area has been returned to its original condition prior to the time of destruction, at a ratio of one (1) to one (1), as determined by the development services department; and,
(5)
Removing or altering dune vegetation is prohibited unless the permittee has obtained a dune protection permit.
(d)
Pre existing uses—Destruction existing uses—Destruction. Not withstanding that a structure was in existence prior to adoption of the ordinance from which this section is derived such structure or use shall comply with the provisions hereof including all other applicable provisions of the land development regulations where such use or structure is expanded by any degree, moved to a new location, or destroyed in excess of fifty (50) percent of its market value by fire or other catastrophe at the time of such destruction. When a structure which has been damaged less than fifty (50) percent, but is seaward of the dune protection line, and by determination by the development services department, the planned development will cause material damage to dunes or dune vegetation in the critical dune area, such reconstruction of the development shall require a beachfront construction certificate and dune protection permit. The development services department shall use standards as identified in subsection (k) in determining whether the planned development will cause material damage to dunes or dune vegetation in the critical dune area.
(e)
Dune walkovers. Construction of dune walkovers shall meet the following standards:
(1)
A dune walkover shall not exceed six (6) feet in width, the deck or floor of which shall be constructed at a height above the highest dune of not less than the width of said walkover, and maintain this height over the entire dune area. Walkovers in excess of four (4) feet in width shall only be considered for individual lots that require access for disabled persons, shared walkovers amongst three (3) or more individual lots or for high traffic areas such as public access points or multi-family properties;
(2)
Except with respect to paired posts constructed on each side of the walkover, posts shall be placed at intervals no closer than six (6) feet and in such a manner that new posts are not needed if walkway needs elevating;
(3)
Any vegetation or contours disturbed during construction shall be restored as provided herein;
(4)
Only one (1) dune walkover shall be permitted per residential lot;
(5)
Dune walkovers must be constructed to maintain ½" spacing between the slats to allow rain and sand to pass through the decking. Additionally, walkovers shall be designed to allow for necessary modifications while minimizing disruption of the dune system;
(6)
The walkover must start at the northern boundary of the critical dune area and shall end on the beach beyond any coppice mounds, no further than ten (10) feet seaward of the vegetation line. Dune walkovers may not impede or restrict access to, and use of, the public beach at normal high tide;
(7)
All walkovers built in public areas be constructed with two (2) handrails;
(8)
All walkovers be constructed according to the International Building Code Standards;
(9)
It shall be the duty of the property owner, pursuant to the requirements of this section to keep and maintain said dune walkover in a good condition of repair and maintenance;
(10)
Permittees must relocate walkovers to follow any landward migration of the public beach or seaward migration of the dunes and maintain the walkover height to approved levels. The development services department may inspect and require dune walkover compliance within a reasonable period of time. Not withstanding this, compliance should not cause renewed damage to existing post locations within dunes or swales from construction or construction equipment;
(11)
All dune walkover construction, improvement or repair must be permitted through the city development services department; and
(12)
Applicants for public dune walkovers may request approval for alternative design standards from the development services department.
(f)
Beachfront construction certificate and dune protection permit application requirements.
Authority: Title 31 TAC, § 15.3(s)(4), requires the city to obtain the following items and information from applicants for beachfront construction certificates and dune protection permits.
(1)
For all proposed construction (large- and small-scale), required to obtain a beachfront construction certificate and/or a dune protection permit, applicants shall submit the following items and information to the development services. (No application will be accepted until all required materials are provided to the development services department):
a.
A complete application according to standards set by the development services department for a dune protection permit and/or a beachfront construction certificate, including the name, address, phone number, and if applicable fax number of the applicant, and the name of the property owner, if different from the applicant;
b.
An accurate map or plat of the site identifying:
1.
The site by its legal description, including, where applicable, the subdivision, block, and lot and the size in acres or square feet;
2.
The location of the property lines and a notation of the legal description of adjoining tracts;
3.
The location of the structures, the footprint or perimeter of the proposed construction on the tract, and whether the structures are amenities or habitable structures;
4.
Proposed or existing roadways and driveways, parking, dune walkovers and proposed landscaping activities on the tract; and
5.
The location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract;
6.
If known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract;
7.
The approximate duration of construction; and,
8.
A survey by a licensed surveyor; and if the beachfront construction certificate is for an area defined in subsection (a)(4)b. , a topographic survey is also required.
(2)
For all proposed construction (large- and small-scale), located seaward of the dune protection line, the applicant shall submit the following additional items and information to the development services department:
a.
A comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune vegetation shall be required for all alterations and development activity seaward of the dune protection line, including effects on the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes to dune hydrology;
b.
Proof of financial capability to mitigate or compensate for adverse effects on dunes and dune vegetation (e.g., an irrevocable letter of credit or a performance bond) or, if required for special requirements for eroding areas, to fund eventual relocation or demolition of structures (e.g., Upton-Jones coverage in the National Flood Insurance Program);
c.
A copy of the FEMA elevation requirements;
d.
A current topographic map, provided by a licensed surveyor, depicting any and all proposed changes to the terrain; indicate on topographic map any and all changes to the natural or man-made environment within the critical dune area in order to build;
e.
The approximate percentage of existing and finished open spaces (those areas completely free of structures);
f.
The floor plan and elevation view of the structure proposed to be constructed or expanded and showing all plumbing plans;
g.
A grading and layout plan identifying all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales), wetlands, and proposed contours for the final grade;
h.
Dated photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract and the adjacent property from directions south, north, east and west;
i.
The most recent local erosion rate data (based on published data from the Bureau of Economic Geology, University of Texas, Austin), and the activity's potential impact on coastal erosion.
(3)
For all proposed large-scale construction (construction required to have a dune protection permit and/or a beachfront construction certificate), applicants shall submit the following additional items and information:
a.
In the case of multiple-unit dwellings, the number of units proposed;
b.
Alternatives to the proposed location of construction on the tract or to the proposed methods of construction which would cause fewer or no adverse effects on dunes and dune vegetation or less impairment of beach access; and the proposed activity's impact on the natural drainage pattern on the site and the adjacent lots; and,
c.
If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded subdivision, a plat of the subdivision certified by a licensed surveyor, and a statement of the total area of the subdivision in acres or square feet.
(4)
Upon completion of the development, and prior to the issuance of a "certificate of occupancy," for those structures requiring planning commission approval, the permittee shall provide the development services department with a final survey indicating finished elevations, surfaces, drainage patterns, fences, dune walkovers and landscape detail, or certification by a registered professional engineer that all permit conditions have been met. No "certificate of occupancy" shall be approved until the development services department approves a "certificate of completion," verifying that all permit conditions have been satisfied.
(g)
Texas General Land Office and state attorney general's office. A person proposing to conduct an activity for which a beachfront construction certificate and dune protection permit is required shall submit a complete application to the development services department. This department shall forward the complete application, including all items and information as set forth in 31, TAC § 15.3(s)(4)(D) to the general land office (GLO), the attorney general's office, and if necessary, to the Corps of Engineers.
The application, any documents associated with the application, and information as to when the decision will be made must be received by the GLO and the attorney general's office no later than twenty (20) days from the date the development services department and planning commission, if required, is first scheduled to act on the beachfront construction certificate and dune protection permit. A preliminary determination as to whether the proposed construction complies with all aspects of the local government's dune protection and beach access plan will be provided by the development services department.
(h)
Termination of permit and/or certificate of permit and/or certificate.
(1)
The planning commission or the development services department may void a beachfront construction certificate and/or dune protection permit, for their respective responsibilities as outlined in subsection (a)(4), if:
a.
The permit is inconsistent with this section at the time the permit was issued;
b.
A material change occurs after the permit or certificate is issued or a permittee fails to disclose any material fact in the application; or,
c.
If the construction comes to lie within the boundaries of the public beach.
(2)
"Material change" includes human or natural conditions which have adversely affected dunes, dune vegetation, or beach access and use that either did not exist at the time of the original application, or were not considered by the planning commission in making the permitting decision because the permittee did not provide information regarding the site condition in the original application.
(3)
Unless conditions under subsection (h) apply, work approved under this permit shall be completed as described below:
a.
One-family dwelling (detached), or two-family dwelling:
Within one (1) year from the date of the permit.
b.
One-family dwelling (attached), multiple-family dwelling, or non-residential project:
Within three (3) years from the date of the permit.
c.
For projects described in this subsection, the applicant shall submit an annual written report to the development services department on the progress of the construction project and compliance with the approved permit. This report shall be submitted no later than one (1) year from the date of the permit, and subsequent annual reports submitted thereafter.
If work is not completed in this time period, it will be necessary for the applicant to reapply for a beachfront construction certificate and/or dune protection permit, unless an extension of the permit, prior to its expiration, has been submitted to the Texas General Land Office and approved by the city.
(i)
Beachfront construction certificate and dune protection permit standards.
(1)
Beachfront construction certificate authority. 31 TAC § 15/5, requires the city to comply with the following standards in issuing, denying or conditioning a beachfront construction certificate.
The request for a beachfront construction certificate will be considered inconsistent with this section and therefore, will not be approved, if the request:
a.
Reduces the size of the public beach or encroaches on the public beach in any manner, except for man-made vegetated mounds and dune walkovers constructed in compliance with the requirements of this chapter;
b.
Functionally supports, depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach, unless otherwise permitted by law, including, but not limited to, the authority granted under 31 TAC § 15.5;
c.
Closes any existing public beach access or parking area, unless equivalent or better dedicated public access or parking is established;
d.
Cumulatively or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements in management of the public beach unless equivalent or better access or parking is established; or,
e.
Fails to comply with any requirements of requirements for beachfront construction certificates and dune protection permits.
(2)
Dune protection permit authority. 31 TAC, § 15.4, requires the city to comply with the following standards in issuing, denying or conditioning a dune protection permit for those areas within the critical dune area.
Before issuing a dune protection permit the development services department and the planning commission, for their respective responsibilities as outlined in subsection (a)(4), must find that:
a.
The proposed activity is not a prohibited activity as defined in these standards;
b.
The proposed activity will not materially weaken dunes or materially damage dune vegetation seaward of the dune protection line based on substantive findings as defined in "technical standards" of this section;
c.
There are no practicable alternatives to the proposed activity that is located seaward of the dune protection line and adverse effects cannot be avoided as provided in the mitigation sequence as outlined in this section;
d.
The applicant's mitigation plan, for an activity seaward of the dune protection line, if required, will adequately minimize, mitigate, and/or compensate for any unavoidable adverse effects;
e.
The proposed activity complies with any applicable requirements of: requirements for beachfront construction certificate and dune protection permits and management of the public beach of this section; and,
f.
The structure is located as far landward as practicable.
(j)
Prohibitions.
(1)
Prohibited activities seaward of the dune protection line. The planning commission and the development services department shall not issue a beachfront construction certificate or a dune protection permit authorizing the following acts seaward of the dune protection line:
a.
Activities that are likely to result in the temporary or permanent removal of sand from the portion of the beach/dune system located on or adjacent to the construction site, including:
1.
Relocating sand; and,
2.
Temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than one (1) foot per year, and the project does not cause any adverse effects on the sediment budget;
b.
Depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials listed in Volume 40 of the Code of Federal Regulations, Part 302.4, in concentrations which are harmful to people, flora, and fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, or federal governments;
c.
Depositing sand, soil, sediment, or dredged spoil seaward of the dune protection line, which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public beach access roads running generally perpendicular to the public beach or for approved beach nourishment projects as described in subsection (n)(3));
d.
Creating dredged spoil disposal sites, such as levees and weirs, without the appropriate local, state, and federal permits;
e.
Constructing or operating industrial facilities not in full compliance with all relevant laws and permitting requirements prior to the effective date of the ordinance from which this section is derived;
f.
Operating recreational vehicles; dune buggy, marsh buggy, mini-bike, 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 (Chapter 63, § 63.002(4), Texas Natural Resource Code);
g.
Mining dunes;
h.
Constructing concrete slabs or other impervious surfaces landward of the line of vegetation.
1.
Paving or altering the ground below the lowest habitable floor is prohibited in the area between the line of vegetation and twenty-five (25) feet landward of the north toe of the dune;
2.
Paving used under the habitable structure and for any driveway(s) connecting the habitable structure and the street is limited to the use of unreinforced fibercrete in four (4) foot by four (4) foot sections, which shall be a maximum of four (4) inches thick with sections separated by expansion joists, or pervious materials approved by the development services department, in that area twenty-five (25) feet landward of the north toe of the dune to two hundred (200) feet landward of the line of vegetation, measured to the southernmost point of the structure, including decks, stairs, etc. The city shall assess a "fibercrete maintenance fee" of two hundred dollars ($200.00) to be used to pay for the clean-up of fibercrete from the public beaches should the need arise;
3.
Reinforced concrete may be used under the habitable structure and for any driveways connecting the habitable structure to the street and for in-ground gunite swimming pools for property located landward of two hundred (200) feet from the line of vegetation, measured to the southernmost point of the structure, including decks, stairs, etc.;
i.
Depositing trash, waste, or debris including inert materials such as concrete, stone, and bricks that are not part of the permitted on-site construction;
j.
Constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields, with the exception of subdivisions platted before the enactment of this section; or,
k.
Detonating bombs or explosives.
(2)
The city planning commission and the development services department shall not issue a beachfront construction certificate and dune protection permit that does not comply with FEMA minimum requirements or with this section.
(3)
Prohibited erosion response structures. Erosion response structures as set forth in 31 TAC § 15.6 are as follows:
a.
Construction of retaining walls is prohibited within two hundred (200) feet landward of the natural line of vegetation;
b.
Repairing, or maintaining existing erosion response structures is prohibited within two hundred (200) feet landward of the vegetation line or within the critical dune area, except in the following circumstances:
1.
Where the failure to repair the structure will cause unreasonable flood hazard to a public building, public road, public water supply, public sewer system, or other public facility immediately landward of the structure; and,
2.
Where the failure to repair the structure will cause unreasonable flood hazard to habitable structures because adjacent erosion response structures will channel floodwaters to the habitable structure;
c.
A determination as to whether subsection (j)(2)a. and b. will occur, will be made by the planning commission.
(4)
In-ground gunite swimming pools may be constructed provided they meet the following requirements:
a.
Must be located landward of two hundred (200) feet of the line of vegetation or landward of the first paved public road, or parallel to the public beach, whichever is greater, or landward of a large, multi-family concrete structure that existed prior to September 13, 2008.
b.
Must adhere to the Federal Emergency Management Agency Technical Fact Sheet 8.2 Homebuilder's Guide to Coastal Construction recommendations and requirements criteria for the construction of decks, pools and accessory structures;
c.
The total amount of impervious cover for the property, which includes in-ground gunite swimming pools shall not exceed the combined area of the footprint of the habitable structure and allowable driveway, with the driveway limited to the linear width of the primary structure, along the main street, and a minimum of fifteen (15) percent of the front yard must be maintained as open/unimproved area.
(5)
Prohibited activities under a dune protection permit or a beachfront construction certificate where it is shown that a loss of sand, silt, shell, sediment, vegetation or any other geologic or biological component of the critical dune area will result are as follows:
a.
Parking of any motor vehicle except in an area approved by the planning commission for parking of a motor vehicle;
b.
Exposed storage of goods, equipment, building materials, junk, household items, boats, furniture, wares or merchandise of any kind;
c.
Any type of construction work, other than that on the main structure or on a main building;
d.
Construction of substructures under the main building;
e.
Use or placement of playground equipment, volley ball nets, showers, barbecues, stables, utilities, or other apparatus;
f.
Grazing of any animal which is prohibited by the city in accordance with this chapter;
g.
Horse riding except as permitted in section 8-8;
h.
Operation of any motor vehicle except for necessary maintenance and clean up and for transportation to and from permitted habitable structures;
i.
Mowing;
j.
Paving of any type; or,
k.
Creation of roads, trails, or paths and the use of trails or paths, except those access roads approved by the city as part of its access plan.
(k)
Technical standards.
Authority: Title 31 T.A.C. Natural Resources and Conservation, Part I, Chapter 15, Subchapter A, Section 15.4, requires the city to comply with the following technical standards when issuing, denying or conditioning a beachfront construction certificate and/or dune protection permit seaward of the dune protection line.
(1)
The following standards will be used to determine material weakening and material damage of dune vegetation within a critical dune area or seaward of the dune protection line. (Failure to meet any one (1) of these standards will result in a finding of material weakening or material damage and the planning commission shall not approve the application for the construction as proposed):
a.
The activity shall not result in the potential for increased flood damage to the proposed construction site or adjacent property;
b.
The activity shall not result in runoff or drainage patterns that aggravate erosion on or off the site;
c.
The activity shall not result in significant changes to dune hydrology;
d.
The activity shall not result in adverse affects on dune complexes or dune vegetation;
e.
The activity shall not significantly increase the potential for washovers or blowouts to occur; or
f.
The commission shall not issue a beachfront construction certificate and dune protection permit authorizing construction unless the construction and property design is designed so as to minimize impacts on natural hydrology. Such projects shall not cause erosion to adjacent properties, critical dune areas, or the public beach.
(2)
Other considerations when determining whether to grant a beachfront construction certificate and dune protection permit seaward of the dune protection line are as follows:
a.
Cumulative and indirect effects of the proposed construction on all dunes and dune vegetation within the critical dune area or seaward of the dune protection line;
b.
Cumulative and indirect effects of other activities on dunes and dune vegetation located on the proposed construction site;
c.
The pre-construction type, height, width, slope, volume, and continuity of the dunes, the pre-construction condition of the dunes, the type of dune vegetation, and percent of vegetation cover on the site;
d.
Whether the proposed construction may alter dunes and dune vegetation in a manner that may aggravate erosion;
e.
The local historical erosion rate;
f.
The impacts on the natural drainage patterns of the site and adjacent property;
g.
Any significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as flora or fauna habitat or any other benefits the dunes and dune vegetation provide to other natural resources;
h.
Wind and storm patterns including a history of washover patterns;
i.
Location of the site on the flood insurance rate map;
j.
Success rates of dune stabilization projects in the area;
k.
All comments submitted to the local government by the general land office and the attorney general;
l.
The beachfront construction certificate and dune protection permit application;
m.
The proposed activity's consistency with TAC Title 31, the city's dune protection and beach access plan, including the dune protection and beachfront construction standards contained in both;
n.
Any other law relevant to dune protection and beach use and access which affects the activity under review;
o.
Any other relevant information the city may consider useful to determine consistency with its dune protection and beach access plans including resource information made available to them by federal and state natural resource entities. The city planning commission shall not issue a beachfront construction certificate or a dune protection permit that is inconsistent with its plan, Title 31 of the Texas Administration Code, and any other state, federal and local laws related to the requirements of the Dune Protection Act and Open Beaches Act.
(l)
[ Mitigation sequence. ] The mitigation sequence shall be used by local governments in determining whether to issue a permit for an activity seaward of the dune protection line, after the determination that no material weakening of dunes or material damage to dunes will occur within critical dune areas or seaward of the dune protection line. The mitigation sequence is as follows:
(1)
Avoid the impact altogether by not taking a certain action or parts of an action;
(2)
Minimize impacts by limiting the degree or magnitude of the action and its implementation;
(3)
Rectify the impact by repairing, rehabilitating, or restoring the affected environment; and,
(4)
Compensate for the impact by replacing resources lost or damaged.
The above sequence shall be followed as set forth in guidelines promulgated in 31 TAC, § 15.4, dune protection standards. The permittee shall be deemed to have failed to achieve compensation if a one (1) to one (1) ratio has not been achieved within three (3) years after beginning compensation efforts. If, for any reason, an applicant cannot demonstrate the ability to mitigate adverse effects on dunes and dune vegetation, the planning commission is not authorized to issue the permit. The development services department shall provide applicants with the mitigation sequence and standards to be followed.
(m)
Special standards for eroding areas.
Authority: 31 TAC, § 15.6, requires the city to comply with the following standards for eroding areas, when issuing, denying or conditioning a beachfront construction certificate and dune protection permit.
Eroding areas on Galveston Island are defined as: A portion of the shoreline which is experiencing a historical erosion rate of greater than one (1) foot per year, that is, all of the Galveston Island west of the westernmost end of the seawall. The special standards are as follows:
(1)
That structures located on property adjacent to the public beach be designed for feasible relocation (i.e. on piers);
(2)
Paving or altering the ground below the lowest habitable floor is prohibited in the area between the line of vegetation and twenty-five (25) feet landward of the north toe of the dune;
Paving used under the habitable structure and for any driveway(s) connecting the habitable structure and the street is limited to the use of unreinforced fibercrete in four (4) foot by four (4) foot sections, which shall be a maximum of four (4) inches thick with sections separated by expansion joists, or pervious materials approved by the development services department, in that area twenty-five (25) feet landward of the north toe of the dune to two hundred (200) feet landward of the line of vegetation, measured to the southernmost point of the structure, including decks, stairs, etc. The city shall assess a "fibercrete maintenance fee" of two hundred dollars ($200.00) to be used to pay for the clean-up of fibercrete from the public beaches should the need arise;
Reinforced concrete may be under the habitable structure and for any driveways connecting the habitable structure to the street and for in-ground gunite swimming pools for property located landward of two hundred (200) feet from the line of vegetation, measured to the southernmost point of the structure, including decks, stairs, etc.;
Driveways are limited to the linear width of the primary structure, along the main street, and a minimum of fifteen (15) percent of the front yard must be maintained as open/unimproved area. The area for measurement of the open/unimproved space will be from the front building façade, where the driveway begins, to the platted property line.
(3)
Financial assurance is required to fund eventual relocation or demolition of the proposed structure (e.g. through proof of Upton-Jones coverage in the National Flood Insurance Program); and,
(4)
Structures built in eroding areas must be elevated in accordance with FEMA minimum standards or above the natural elevation.
(n)
Management of the public beach.
Authority: 31 TAC, § 15.7, requires the city to apply the following standards in issuing, denying or conditioning beachfront construction certificate and/or dune protection permits relating to management of the public beach:
(1)
The city shall encourage carefully planned beach nourishment for erosion response and prohibit erosion response structures within the public beach and two hundred (200) feet landward of the natural vegetation line;
(2)
Permittees are required to notify the general land office and the city of any discernible change in the erosion rate on their property. The city or the State of Texas may require a permittee to conduct or pay for a monitoring program to study the effects of a coastal and shore protection project on the public beach;
(3)
Permittees must adhere to the following requirements for dune enhancement projects:
a.
An approved beachfront construction certificate and dune protection permit from the city development services department;
b.
The project must be consistent with the city's dune and beach policies;
c.
The sediment to be used must be of effective grain size, mineralogy, and quality or the same as the existing beach material subject to availability. If beach quality sand is not available on Galveston Island, and in the judgment of the development services department is prohibitively expensive from mainland sources, a sub-base not of effective grain size, mineralogy, and quality, sufficient to provide a foundation for beach quality sand enhancement, may be used subject to the approval of the development services department and the Texas General Land Office;
d.
The material must be free of hazardous substances (as defined in Volume 40 of the Code of Federal Regulations, Part 302.4) in concentrations which are harmful to people, flora, or fauna as determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments;
e.
There will be no adverse environmental effects on the property surrounding the area from which the sediment will be taken or to the site of the proposed nourishment;
f.
The removal of sediment will not have adverse impacts on flora and fauna;
g.
There will be no adverse effects caused from transporting the nourishment material; and,
h.
The city may allow restoration of dunes on the public beach up to twenty (20) feet, if it is determined that the seaward migration of the dunes would occur naturally. Dune restoration seaward of the twenty (20) foot limit must receive GLO approval. Interference with public use of the beach is prohibited. Dune reconstruction must approximate the natural formation of dunes and indigenous vegetation must be used. The following methods and materials shall not be permitted:
1.
Hard or engineered structures;
2.
Non-biodegradable items;
3.
Fine clay or silty sediments;
4.
Toxic materials as previously defined in this section; or,
5.
Scraping or grading the beach, unless approved by the city, approved by the Texas Attorney General, and monitored by the development services department to determine any changes that may increase erosion of the public beach. Local governments shall not allow a permittee to construct or maintain a private structure on the restored dunes within critical dune areas or seaward of a dune protection line except for specifically permitted dune walkovers or similar access ways.
Restored or man-made dunes will be protected under the same standards as natural dunes. Areas designated for stock piling of beach scrapings will not be considered as man-made dunes.
(o)
Public beach use and access.
Authority: 31 TAC, § 15.7, requires that the city's regulation of the pedestrian and vehicular access, traffic and parking on the beach in a manner that preserves or enhances existing public right to use and have access to and from the beach.
The city shall presume that any beach fronting the Gulf of Mexico within its jurisdiction is a public beach unless the owner of the adjacent land obtains a declaratory judgment finding otherwise under the Open Beaches Act, Sec. 61.019. The Attorney General shall make the determination on issues relating to the location of the boundary of the public beach and encroachments on the public beach pursuant to the requirements of the Open Beaches Act.
The city shall regulate pedestrian and vehicular beach access, traffic and parking on the public beach only in a manner that preserves or enhances existing public access and use. The following standards will be observed when regulating access and parking on the public beach:
(1)
Parking requirements for all new or replatted developments, on or adjacent to the beach, where there is no existing public parking, will be calculated at one (1) space for each fifteen (15) linear feet of beach frontage, calculated to meet the city land development regulations for space requirements. Off-beach parking boundaries will be identified with signage and maintained on a continuous basis. Furthermore, at the election of the planning commission and in accordance with subdivision regulations, the city land development regulations, and state law, the commission may request all parking consolidated and so dedicated;
(2)
All access ways to the beach will be constructed so as to avoid breaches in the dune system and maintain the dune integrity;
(3)
Signs shall be displayed in a conspicuous location identifying access and parking for the public beach;
(4)
All parking and access plans must be consistent with general land office regulations as promulgated in state law. The city therefore, adopts beach access and parking plan, as it appears in appendix A of this section.
(5)
Beach traffic orders. All beach traffic orders, including but not limited to, parking, access, signage, obstructions, and speed limits shall be in conformance with this Code.
(6)
Beach maintenance activities.
a.
The city shall prohibit beach maintenance activities which will result in the significant redistribution of sand which will significantly alter the beach profile.
b.
All sand moved or redistributed due to beach maintenance activities shall be returned to a location within the critical dune areas.
c.
It is prohibited to display on or adjacent to any public beach any sign, marker, or warning, or make or allow to be made any written or oral communication which states that the public beach is private property or represent in any other manner that the public does not have the right of access to and from the public beach or the right to use the public beach as guaranteed by the Open Beaches Act and the common law right of the public.
d.
The following methods are approved beach maintenance measures:
1.
Raking of any or all beach areas at any or all times of the year with tractor drawn rakes with rake height adjusted so as to allow rake teeth to draw man made and naturally occurring debris into piles or windrows, while at the same time minimizing the amount of sand moved from the beach into the stockpiles. Piles or windrows may then be relocated using a tractor-mounted front-end loader. Stockpiles or windrows of raked debris may be placed at the seaward toe of the primary dune seaward of the vegetation line and within twenty (20) feet of the vegetation line. All sand/debris collected with debris as a part of this maintenance process shall remain in the stockpile or windrow. A dune protection permit shall be required from the development services department;
2.
Maintenance of beach parking areas at Stewart Beach Park shall be allowed if scraped sand is placed seaward of the mean high tide line and a dune protection permit is obtained from the development services department. In addition, sand collected from beach parking areas at Apffel Park may be stockpiled and used for dune enhancement projects within the critical dune areas if the sand is obtained from accreting beaches and with proper Texas Parks and Wildlife permits, notwithstanding subsection (6)b.;
3.
During periods of heavy seaweed influx, as identified by the park board of trustees of the city, maintainers, bulldozers, boxblades, loaders, dumptrucks and other equipment designed for moving large quantities of material may be employed on a short term basis to remove seaweed and other debris collected with the seaweed from the tide line into stockpiles or windrows as described above. Blade height for all equipment shall be set only low enough to remove the majority of the seaweed and other debris and to minimize the movement of sand from the beach to the windrows or stockpiles.
All sand/seaweed collected with seaweed and other debris as a part of this maintenance process shall remain in the stockpile or windrow until such time as the sand/seaweed may be used for dune enhancement projects within critical dune areas with the proper Texas Parks and Wildlife permits. These activities will be monitored by the city development services department to identify any potential adverse impacts that may aggravate erosion and said activities shall be modified to preclude such adverse impacts. A dune protection permit from the development services department shall be required;
4.
On the beach, seaward of the vegetation line, and landward of the high tide mark, a check-mark trench, thirty (30) inches at the deepest point may be opened up by a maintainer or bull dozer and seaweed and any other debris accumulated within the seaweed windrow or stockpile, may be pushed into the trench and covered with beach sand from the trench cut. The trench method may only be used during emergency situations, where it will not remain open unsupervised or at any time after dusk, where no vehicular or pedestrian traffic will be endangered and where access to the beach will not be prohibited by this action. These activities will be monitored by the city development services department to identify any potential adverse impacts that may aggravate erosion and said activities shall be modified to preclude such adverse impacts. A dune protection permit from the development services department shall be required; and,
5.
Solid waste containers may be mounted on posts at necessary intervals to encourage beach users to deposit waste and debris in the containers provided.
(7)
Beach user fees.
a.
The city, or the park board of trustees of the city if designated by city council, may charge beach users a fee in exchange for providing services to beach users in general. (Authority: Section 26-54).
b.
The city, or the city park board of trustees if designated by city council, may only impose a beach user fee if the fee is reasonable, based on the cost of providing public services and facilities directly to the public beach, which may include administrative, accounting and planning activities necessary for the implementation of such public services and facilities, parking, public health and safety, environmental protection and other matters directly related to the public beach.
c.
A new or amended beach user fee shall be preceded by a state approved beach user fee plan submitted by the city. Administrative costs cannot exceed ten (10) percent of beach user fee revenues.
d.
Revenues from beach user fees may be used only for beach-related services as defined by state law.
e.
Accounting and administration of all beach user fees shall be in conformance with those policies promulgated in state law.
f.
In order to establish and maintain beach related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public, vehicles may be charged in the following beach areas:
1.
Stewart Beach. A recreational and amusement park located in the city on the east beach. The boundaries of Stewart Beach shall be defined as follows:
Eastern Boundary: Michael Menard Grant
Western Boundary: Fence on the eastern boundary of the children's playground established by Galveston County on Block No. 66
Northern Boundary: Southerly right-of-way line of Seawall Boulevard.
Southern Boundary: Line of ordinary high tide of the Gulf of Mexico.
i.
Fee: Up to a maximum of fifteen dollars ($15.00) per vehicle.
Restricted use area to the east of the park, extending two thousand six hundred forty (2,640) linear feet.
ii.
A maximum fifty dollars ($50.00) season pass available.
2.
R.A. Apffel Park. The boundaries of R. A. Apffel Park shall be defined as follows:
All that property comprising three hundred ninety and six hundred twenty-nine hundredths (390.629) acres, more or less, more particularly described in Deed to City of Galveston from the United States of America, dated April 9, 1975, recorded in the Deed Records of Galveston County in Book 2567, page 606 et seq. All that property, comprising sixty-four and one-half (64.5) acres, more or less, described in Deed to City of Galveston from the United States of America, dated April 15, 1976, recorded in the Deed Records of Galveston County, Texas, in Book 2687 at page 11 et seq. All of that property, comprising two hundred eleven (211) acres of land, more or less, described in that certain instrument of July 30, 1976, by and between the city and the United States Coast Guard, Eighth District.
i.
Fee: Up to a maximum of fifteen dollars ($15.00) for entry, per vehicle.
ii.
A maximum fifty dollars ($50.00) season pass available.
3.
Dellanera Park. 10901 FM 3005 (7 Mile Road at FM 3005) Provides space for approximately eighty-four (84) overnight vehicles and three hundred (300) day use camp sites. The fee schedule for Dellanera Park is up to a maximum of fifteen dollars ($15.00) per vehicle, with the charge for overnight vehicle spaces based upon services provided.
Please note, existing beach access parking shall remain, until modifications regarding the pedestrian walkway at AP4 and improvements to AP5 are completed.
4.
Seawall Beach Urban Park. A recreational beach urban park with beach-related services and amenities. The boundaries of the Seawall Beach Urban Park shall be defined as follows:
Eastern Boundary: 1 st Street.
Western Boundary: 103 rd Street.
Northern Boundary: Northerly right-of-way line of Seawall Boulevard.
Southern Boundary: The Gulf of Mexico.
i.
Fee: up to a maximum of sixteen dollars ($16.00) per-vehicle per-day, through a paid parking system, permit system or a combination. (A maximum forty-five dollars ($45.00) annual pass available.)
ii.
Parking rates:
a.
South side of the Urban Park (adjacent to the seawall structure) shall not exceed two dollars ($2.00) per hour, with a minimum purchase of two (2) hours.
b.
North side of Urban Park (northerly right-of-way of Seawall Boulevard), shall not exceed two dollars ($2.00) per hour, with a minimum purchase of two (2) hours.
5.
East and west areas of the island, as described in appendix A. A maximum daily fee of up to fifteen dollars ($15.00). A maximum fifty dollars ($50.00) annual pass available.
g.
The city and the park board of trustees of the city shall work towards establishing a state-approved system for reciprocity of fees and fee privileges with the county.
(8)
Beach access. According to the Texas General Land Office (GLO), preservation and enhancement of public beach use and access is site specific and best addressed by local governments. The city has authority and responsibility for providing public safety and emergency services within its corporate limits.
The city has adopted, pursuant to state law, a beach access plan for the public beaches within its corporate limits. Changes to the city's beach access plan require the approval and adoption by rule of the GLO. For special events, federal, state, and local law enforcement agencies have determined the need for traffic control plans in the interest of public safety.
a.
Special events. For any planned event that will eliminate public beach parking, along the southern right-of-way adjacent to a public beach, for ½ mile or greater and will continue for more than six (6) consecutive hours, the city shall provide beach access in accordance with the following provisions:
1.
The city manager or designee, is authorized to take whatever measures are reasonably necessary to implement a public safety and traffic control plan, for an event that affects public beach access. The plan may include provisions that temporarily eliminate, rededicate, or use for other purposes, parking spaces normally available for public beach access, to the extent such spaces do not occupy the public beach easement. "Other purposes" may include a fee-for-entry area.
2.
Not less than sixty (60) days prior to the event, the city shall provide the following, to the GLO:
a.
The number of parking spaces needed to replace the parking spaces being removed by the respective event;
b.
The location of the alternative parking areas where the public would be required or able to park their cars to gain access to the beach;
c.
Information depicting how the public will be informed of the alternative parking arrangements during the events. The public must be notified that normally available parking has been eliminated and directed to the alternative parking locations;
d.
The method of transportation that will be provided for the public to and from the public beach. If shuttle buses are used to transport beach-goers from alternative parking locations, the schedule for the buses will be specified;
e.
A statement by the city containing an affirmative finding that the alternative parking plan preserves the public's right to access the beach. The city should evaluate the alternative parking plan based on its current access plan, the impacts to public beach access, and methods for mitigating those impacts and make the affirmative finding; and,
f.
The implementation dates of the traffic control plan, public safety plan, and alternate parking plan.
3.
Not less than thirty (30) days prior to the event, the GLO and the OAG shall provide comments, written objections or not comment on the alternative parking plan. The city shall review and consider all comments received from the GLO and OAG, for requested revisions to the alternative parking plan. However, the city reserves the right to amend the alternative parking plan based upon public safety needs as determined by the chief of police or designee.
4.
In the event the respective special event continues outside of planned implementation dates, the city will provide the necessary traffic control with regard to public safety, and will provide notice of such measures to the GLO and OAG. In such an event, the city will implement and maintain the guidelines of this subsection (o)(8) during special events that alter public beach access and parking as described in subsection (a).
(p)
Penalties. 31 TAC 15.9, establishes the following penalties:
(1)
Any violation of any provision of this chapter shall be unlawful and a misdemeanor offense punishable by a fine not exceeding five hundred dollars ($500.00). Each day a violation of this chapter continues shall constitute a separate offense.
(2)
Any person who violates the Dune Protection Act, the Open Beaches Act or a city permit condition established by this regulation is liable to the general land office for a civil penalty of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation per day. Each day the violation occurs or continues is considered a separate violation.
(3)
Any violation of a permit requirement, dune protection and beach access plans, the Dune Protection Act, the Open Beaches Act, Title 31 TAC, §§ 15.1—15.10, management of the beach/dune system, shall be reported by the city to the general land office within twenty-four (24) hours.
(q)
Master planned developments. The city may adopt a separate ordinance for master planned developments as defined in 31 TAC, § 15.32. All requirements of Subchapter A, the Dune Protection Act, the Open Beaches Act and the city land development regulations shall be followed.
(r)
Repeal of conflicting ordinances—Severability. If any section, subsection, paragraph, sentence, clause, phrase or work in this Section or the application thereof to any person of circumstance, be held invalid, such holding shall not affect the validity of the remaining portion of this order. In the case of a conflict between this section and any other city ordinances, the ordinance containing higher standards for dune protection will prevail. In addition, the requirement to obtain a beachfront construction certificate and/or a dune protection permit supersedes the previous requirement for a specific use permit for regulated activities in accordance with this section.
( Ord. No. 15-071, § 4, 9-10-15 ; Ord. No. 15-072, § 2, 9-10-15 ; Ord. No. 16-003, § 2, 1-14-16 ; Ord. No. 19-012 , § 4, 1-24-19)
APPENDIX A: BEACH ACCESS AND PARKING PLAN
(a)
Beach Access Points (Described From East To West).
AP 1: Apffel Park
On-beach: parking within Park boundaries for beach user fee free parking outside of Park boundaries
Off-beach: n/a
Amenities: currently provided
AP 1(A): Beachtown Development
On-beach: n/a
Off-beach: minimum of 2 parking lots containing a minimum of 295 spaces
2 dedicated pedestrian pathways for public useAmenities:
AP 1(B): Palisade Palms
On-beach: n/a
Off-beach: parking lot, minimum of 108 spaces
1 dedicated pedestrian pathways for public useAmenities:
AP 1(C): area west of the Islander East to eastern boundary of Stewart Beach Park
On-beach: restricted use area, minimum width of 2,640 linear feet on the eastern end of the park
Off-beach: 1 dedicated pedestrian pathway for public use
Amenities: n/a
AP 2: Stewart Beach On-beach: ;hg;parking within Park boundaries for beach user fee free parking available restricted use area, minimum width of 2,640 linear feet on the eastern end of the park
Off-beach: n/a
Amenities: currently provided
AP 3: Seawall Beach Urban Park
On-beach: n/a
Off-beach: street parking, north and south sides of Seawall Boulevard minimum of 10 percent free parking spaces (approximately 230 spaces total distributed throughout the Seawall Beach Urban Park)
Amenities: future
AP 4: End of Seawall
On-beach: n/a
Off-beach: parking lot, minimum 150 spaces pedestrian pathway from parking area to beach
Amenities: n/a
AP 5: Dellanera RV Park
On-beach: n/a
Off-beach: overnight campsites only wheelchair accessible dune walkover
Amenities: currently provided
AP 6: Pocket Park #1
On-beach: parking via 7 ½-Mile Road (109 th Street), minimum width of 1690 linear feet
Off-beach: parking lot
Amenities: n/a
AP 7: Sunny Beach Subdivision
On-beach: parking via 8-Mile Road, minimum width of 1,300 linear feet
Off-beach: n/a
Amenities: n/a
AP 8: Beachside Village Subdivision
On-beach: n/a
Off-beach: street parking, minimum of 148 spaces on Sea Butterfly Street
3 dedicated pedestrian access ways for public useAmenities: n/a
AP 9: Pocket Park #2, Escapes! Condominiums
On-beach: n/a
Off-beach: parking lot, minimum of 352 spaces
1 wheelchair accessible dune walkover for public use
1 dedicated pedestrian pathway for public useAmenities: currently provided
AP 10: 10-Mile Road/Hershey Beach Subdivision
On-beach: parking via 10-Mile Road, minimum width of 1,065 linear feet
Off-beach: parking lot, minimum 58 spaces
Amenities: n/a
AP 11: Spanish Grant Subdivision
On-beach: n/a
Off-beach: street parking, minimum of 46 spaces on Spanish Grant Boulevard median
3 dedicated pedestrian pathways for public useAmenities: n/a
AP 12: Bermuda Beach Subdivision
On-beach: parking via Pabst Road, minimum width of 150 linear feet
Off-beach: street parking, minimum of 211 parking spaces, throughout subdivision
2 dedicated pedestrian pathways for public useAmenities: n/a
AP 13: Pocket Park #3
On-beach: n/a
Off-beach: parking lot, minimum of 273 parking spaces wheelchair accessible dune walkover for public use
Amenities: currently provided
AP 14: 11-Mile Road
On-beach: parking via 11-Mile Road, minimum width of 300 linear feet
Off-beach: n/a
Amenities: n/a
AP 15: Palm Beach Subdivision/Pirates Beach West Subdivision
On-beach: n/a
Off-beach: street parking throughout subdivisions
3 dedicated pedestrian pathways for public use (Palm Beach)
4 dedicated pedestrian pathways for public use (Pirates Beach West)Amenities: n/a
AP 15(A): Pirates Beach Subdivision (Ord 07-051)
On-beach: n/a
Off-beach: street parking throughout subdivisions
14 dedicated pedestrian pathways for public useAmenities: n/a
AP 15(B): Palm Beach Subdivision (Ord 07-051)
On-beach: n/a
Off-beach: street parking throughout subdivisions
3 dedicated pedestrian pathways for public useAmenities: n/a
AP 15(C): Pirates Beach West Subdivision (Ord 07-051)
On-beach: n/a
Off-beach: street parking throughout subdivisions
4 dedicated pedestrian pathways for public useAmenities: n/a
AP 16: 13-Mile Road
On-beach: parking via 13-Mile Road, minimum width of 640 linear feet
Off-beach: n/a
Amenities: n/a
AP 17: 15-Mile Road
On-beach: parking via 15-Mile Road, minimum width of 150 linear feet
Off-beach: n/a
Amenities: n/a
AP 18: 16-Mile Road
On-beach: parking via 16-Mile Road, minimum width of 1,000 linear feet
Off-beach: n/a
Amenities: n/a
AP 19: Karankawa Beach
On-beach: n/a
Off-beach: street parking, minimum of 27 spaces on Habla and Glei Streets
2 dedicated pedestrian pathways for public useAmenities: n/a
AP 20: Indian Beach
On-beach: n/a
Off-beach: street parking, minimum of 200 spaces on East and West Devaca
4 dedicated pedestrian pathways for public useAmenities: n/a
AP 21: Kahala Beach Estates, Addition #1
On-beach: n/a
Off-beach: street parking, minimum of 59 spaces on Kahala Drive East
2 dedicated pedestrian pathways for public useAmenities: n/a
AP 22: Silverleaf Resorts
On-beach: n/a
Off-beach: parking lot, minimum of 43 spaces
1 dedicated pedestrian pathway for public useAmenities: n/a
AP 23: The Dunes of West Beach
On-beach: n/a
Off-beach: street parking, minimum of 172 spaces on Shores Drive
2 dedicated pedestrian pathways for public useAmenities: n/a
AP 24: Sandhill Shores Subdivision (Map Sheet W-3)
On-beach: n/a
Off-beach: street parking, minimum of 208 spaces on Sandhill Drive
2 dedicated pedestrian pathways for public useAmenities: n/a
AP 25: Gateway Boulevard — Sea Isle Subdivision
On-beach: parking via Gateway Boulevard, minimum width of 330 linear feet
Off-beach: n/a
Amenities: n/a
AP 26: San Jacinto Street — Sea Isle Subdivision
On-beach: parking via San Jacinto Street, minimum width of 150 linear feet
Off-beach: n/a
Amenities: n/a
AP 27: "Sea Isle" parking area
On-beach: n/a
Off-beach: parking lot, minimum of 88 spaces
1 dedicated pedestrian pathway for public useAmenities: n/a
AP 28: Sea Isle Subdivision and Terramar Beach Subdivision
On-beach: n/a
Off-beach: street parking, minimum of 610 spaces on Kennedy/Gulf Drive dedicated pedestrian pathways for public use throughout subdivisions
Amenities: n/a
AP 29: Isla Del Sol Subdivision
On-beach: n/a
Off-beach: parking lot, minimum 25 spaces (located north of FM 3005, via Isla Del Sol Drive)
Amenities: n/a
AP 30: Gulf Boulevard, Isla Del Sol Subdivision
On-beach: parking via Gulf Boulevard, minimum width of 150 linear feet
Off-beach: n/a
Amenities: n/a
AP 31: Terramar Drive, Terramar Beach Subdivision
On-beach: parking via Terramar Drive Boulevard, minimum width of 300 linear feet
Off-beach: n/a
Amenities: n/a
AP 32: Pocket Park #4
On-beach: n/a
Off-beach: parking lot
1 dedicated pedestrian pathway for public useAmenities: n/a
AP 33: 2 nd Street, Bay Harbor Subdivision
On-beach: parking via 2 nd Street, minimum width of 300 linear feet seasonal access to the west (one-way driving west to east)
Off-beach: n/a
Amenities: n/a
AP 34: Miramar Subdivision
On-beach: seasonal access via AP 35 at Half Moon Beach (one-way driving, west to east)
Off-beach: parking lot, minimum of 60 spaces via FM 3005
1 dedicated pedestrian pathway for public spacesAmenities: n/a
AP 35: Half Moon Beach Subdivision and Stavanger Beach Subdivision
On-beach: seasonal access to the east unrestricted, vehicular access to the west to AP 36: Salt Cedar Avenue
Off-beach: n/a
Amenities: n/a
AP 36: Salt Cedar Avenue
On-beach: unrestricted, vehicular access to the east to AP 35: Half Moon Beach
Off-beach: n/a
Amenities: n/a
AP 37: Playa San Luis Subdivision
On-beach: n/a
Off-beach: street parking, minimum of 88 spaces throughout subdivision
4 dedicated pedestrian pathways for public useAmenities: n/a
AP 38: Pointe San Luis 1 (western boundary of Playa San Luis subdivision)
On-beach: n/a
Off-beach: parking lot, minimum of 100 spaces*
25 reserve parking spaces dedicated in the event of erosion*
1 dedicated pedestrian pathway for public use*Amenities: n/a
* Please note, beach access modifications will not occur until substantial physical improvements occur.
AP 39: Pointe San Luis 2
On-beach: n/a
Off-beach: parking lot, minimum of 100 spaces*
1 wheelchair accessible dune walkover for public use*Amenities: future, as part of planned development
* Please note, beach access improvements will not occur until substantial physical improvements occur.
AP 40: Pointe San Luis 3
On-beach: n/a
Off-beach: parking lot, minimum of 100 spaces*
25 reserve parking spaces dedicated in the event of erosion*
1 dedicated pedestrian pathway for public use*Amenities: n/a
* Please note, beach access modifications will not occur until substantial physical improvements occur.
AP 41: Pointe San Luis 4 (toll bridge area)
On-beach: seasonal access provided, minimum width of 1,200 linear feet*
unrestricted, vehicular access, minimum width of 3,230 linear feet*Off-beach: n/a
Amenities: pedestrian area designated by bollard placement to the north of vehicular access areas
* Please note, beach access modifications will not occur until substantial physical improvements occur.
Please note, the names of developments and/or projects may change ownership and name at a future date, but such changes will not alter beach access required in accordance with the City's adopted plan.
(b)
Regulated beach areas. Except as otherwise permitted herein, it shall be unlawful for any person to drive, operate or park any motor vehicle in, on or upon any part of the following described public beaches bordering on the Gulf of Mexico and situated within the corporate limits of the City of Galveston with the exception of emergency vehicles, beach cleaning and maintenance and safety patrolling:
(1)
Upon East Beach, being that area extending from the western boundary of Apffel Park to the eastern boundary of Stewart Beach Park, at all times;
(2)
Within the boundaries of Stewart Beach Park, with the exception of those areas designated for parking, restricted use access, and/or as described within Section A of Appendix A;
(3)
Upon the beach extending from Stewart Beach to the western end of the seawall structure at all times; and,
(4)
Upon any area of the beach, unless otherwise provided for by traffic control measures, such as, but not limited to bollards and signage, and as described in Section A of Appendix A.
( Ord. No. 15-071, § 4, 9-10-15 )