1. (a) Certification of local government plans. The following local governments have submitted plans to the General Land Office which are certified as consistent with state law:

   1. (1) Brazoria County (adopted August 9, 1993, amended September 27, 1993);
   2. (2) Chambers County (adopted August 9, 1993);
   3. (3) City of Port Aransas (adopted February 15, 1995);
   4. (4) City of Port Arthur (adopted April 12, 1993);
   5. (5) Jefferson County (adopted August 16, 1993, amended March 7, 1994);
   6. (6) Matagorda County (adopted February 13, 1995). The General Land Office certifies that the Beach User Fees section of the Matagorda County plan adopted by the Matagorda County Commission Court on March 15, 1999, is consistent with state law.
   7. (7) Town of Quintana (adopted August 11, 1993);
   8. (8) Village of Jamaica Beach (adopted August 16, 1993, amended December 6, 1993);
   9. (9) Town of South Padre Island (adopted October 5, 1994);
   10. (10) City of Corpus Christi (adopted August 10, 1993);

   11. (11) Cameron County:

       1. (A) Plan (adopted September 20, 1994). The 440-foot building line established in the Cameron County plan, Section III.I, shall not be operative unless it is landward of the line of vegetation. The line of vegetation shall be established as required in the Open Beaches Act, Texas Natural Resources Code, §61.017.
       2. (B) Padre Shore Ltd. Final Master Plan Amendment (adopted November 5, 1996).

   12. (12) Nueces County

       1. (A) Plan (adopted March 25, 1992, amended October 23, 1996).
       2. (B) La Concha master plan. The General Land Office certifies that the dune protection portion of the La Concha master plan adopted by the Nueces County commissioners court on March 20, 1996, is consistent with state law.
       3. (C) Palms at Waters Edge master plan: The General Land Office certifies that the dune protection portion of the Palms at Waters Edge master plan adopted by the Nueces County commissioners court on December 27, 1996, is consistent with state law.
       4. (D) Mustang Island Episcopal Conference Center master plan. The General Land Office certifies that the dune protection section of the Mustang Island Episcopal Conference Center master plan adopted by the Nueces County Commissioners Court on January 31, 2000, is consistent with state law.
   13. (13) Village of Surfside Beach (adopted December 12, 2000).

2. (b) Conditional certification of local government plans. The following local governments have submitted plans to the General Land Office which are conditionally certified as consistent with state law.

   1. (1) City of Galveston (adopted August 12, 1993, amended February 9, 1995, and amended June 19, 1997.).

      1. (A) This certification is valid for 180 days, during which time the City of Galveston will modify its plan consistent with the General Land Office comments submitted to the City of Galveston (October 14, 1993).

      2. (B) This certification includes a variance from §§15.4(c)(8), 15.5(b)(3), and 15.6(f)(3) of this title, (relating to Dune Protection Standards, Beachfront Construction Standards, and Concurrent Dune Protection and Beachfront Construction Standards). The City of Galveston's plan:

         1. (i) provides that paving or altering the ground below the lowest habitable floor is prohibited in the area between the line of vegetation and 25 feet landward of the north toe of the dune;
         2. (ii) provides that paving used under the habitable structure and for a driveway connecting the habitable structure and the street is limited to the use of unreinforced fibercrete in 4 feet by 4 feet sections, which shall be a maximum of four inches thick with sections separated by expansion joists, or pervious materials approved by the City Department of Planning and Transportation, in that area 25 feet landward of the north toe of the dune to 200 feet landward of the line of vegetation;
         3. (iii) assesses a "Fibercrete Maintenance Fee" of $200.00 to be used to pay for the clean-up of fibercrete from the public beaches, should the need arise; and
         4. (iv) allows the use of reinforced concrete in that area landward of 200 feet from the line of vegetation.
   2. (2) Galveston County (adopted August 16, 1993). This certification is valid for 180 days, during which time Galveston County will modify its plan consistent with the General Land Office comments submitted to Galveston County (October 18, 1993).
3. (c) Implementation of conditionally certified plans. Local governments are required to implement conditionally certified plans consistent with the Texas Natural Resources Code, Chapters 61 and 63, and the General Land Office rules for management of the beach/dune system, §§15.1-15.10 of this title (relating to Management of the Beach/Dune System).

4. (d) Removal of conditions of certification.

   1. (1) Local governments shall submit their modified plans on or before the expiration of the 180-day time period. The General Land Office shall provide to the pertinent local government a determination as to the sufficiency of the modification(s) within 60 days of receipt of the plan. The General Land Office will remove all conditions of the plan's certification by amending this subsection. Such amendments will list the name of the pertinent local government in subsection (a) of this section, and delete the same from subsection (b) of this section. If the General Land Office determines that modifications of plans are insufficient, the General Land Office shall provide specific exceptions to the modifications. If those portions of the plan to which the General Land Office has noted exceptions can be addressed through further comment, plan revision and review, conditional certification will be reissued pursuant to a General Land Office amendment to this subsection, subject to further plan modification.
   2. (2) In the event that a local government chooses not to modify its plan as requested in the General Land Office comments, the local government shall provide in writing the scientific or legal justification as to why such modifications are not feasible. The justification shall be submitted to the General Land Office on or before the due date of the revised plan. The justification will be reviewed by the General Land Office, and a determination as to the sufficiency of the justification will be provided to the local government within 60 days of receipt by the General Land Office. Local government plans shall continue in effect under conditional certification until the sufficiency of the justification is resolved or this section is amended.
5. (e) Withdrawal of conditional certification. Conditional certification of a local government plan shall be withdrawn by the General Land Office after the 180-day time period if the pertinent local government does not submit to the General Land Office either a formally adopted plan which has been modified consistent with General Land Office comments or the written scientific or legal justification as to why such modification is not feasible. In any event, withdrawal of conditional certification shall only occur after the General Land Office adopts an amendment to this subsection withdrawing conditional certification, with accompanying specific reasons, and the General Land Office has given the pertinent local government written notice of the withdrawal of the conditional certification.

Source Note:The provisions of this §15.11 adopted to be effective November 28, 1994, 19 TexReg 8981; amended to be effective June 27, 1995, 20 TexReg 4349; amended to be effective April 16, 1996, 21 TexReg 3024; amended to be effective October 7, 1996, 21 TexReg 9167; amended to be effective March 27, 1997, 22 TexReg 2877; amended to be effective July 17, 1997, 22 TexReg 6460; amended to be effective January 5, 1998, 23 TexReg 147; amended to be effective November 29, 1998, 23 TexReg 11827; amended to be effective December 6, 1998, 23 TexReg 12446; amended to be effective September 5, 1999, 24TexReg6805; amended to be effective August 6, 2000, 25 TexReg 7180; amended to be effective June 28, 2001, 26 TexReg 4726.