1. (a) Galveston County (County) has submitted to the General Land Office a dune protection and beach access plan, which was adopted on August 16, 1993, and amended on October 25, 2004, and January 18, 2006. The County's plan is certified as consistent with state law.

2. (b) The General Land Office certifies as consistent with state law the following variances 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) in the County's plan. The plan establishes special standards for eroding areas providing that:

   1. (1) paving or altering the grade below the lowest habitable floor is prohibited in the area between the line of vegetation and 25 feet landward of the landward toe of the back dune;
   2. (2) 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 maximum of 4 foot x 4 foot sections, which shall be a maximum of four inches thick with sections separated by expansion joists or pervious materials approved by the County Building Official, in that area 25 feet from the landward toe of the back dune to 200 feet landward of the line of vegetation;
   3. (3) a "Fibercrete Maintenance fee" of $200.00 shall be assessed to be used to pay for the clean-up of fibercrete from the public beaches should the need arise; and
   4. (4) reinforced concrete may be used in that area landward of 200 feet from the line of vegetation to alter or pave only the ground within the footprint of the habitable structure.

3. (c) The General Land Office certifies as consistent with state law the following variances from §15.4(c)(10) of the this title (relating to Dune Protection Standards) in the County's plan. The plan prohibits the construction of cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields, except that:

   1. (1) cisterns, septic tanks, and septic fields that are in existence prior to the effective date of the County's plan may be repaired or replaced;
   2. (2) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan and permitted before the effective date of the County's plan may be constructed, repaired, or replaced; and
   3. (3) cisterns, septic tanks, and septic fields that are located in subdivisions platted before the effective date of the County's plan may be constructed, repaired, or replaced in a location seaward of the structure they are to serve provided that the applicant shows that it is not practicable to locate the cisterns, septic tanks, and septic fields landward of the structure they are to serve.

Source Note:The provisions of this §15.35 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective September 13, 2006, 31 TexReg 7356.