The CEPRA mandates that no person may undertake an action relating to erosion response on or immediately landward of a public beach or submerged land until the person has conducted and filed a coastal boundary survey with the Land Office in conformance with Texas Natural Resources Code, §33.136.
- (1) If a coastal boundary survey has previously been conducted and filed in the area of an erosion response project that may be funded from the coastal erosion response account, the Land Office shall determine whether that survey adequately reflects current conditions. If the survey adequately reflects current conditions, the Land Office may determine that a new coastal boundary survey is not required before the project is constructed. The decision on whether a new survey is required before construction of an erosion response project is in the sole discretion of the Land Office.
- (2) The boundary depicted on any coastal boundary survey that is required before funding a project from the coastal erosion response account shall be delineated according to the law under which the upland property was originally granted by the sovereign.
Source Note:The provisions of this §15.23 adopted to be effective November 21, 1999, 24 TexReg 10132.