1. (a) The City of Galveston has submitted to the General Land Office a dune protection and beach access plan which is conditionally certified as consistent with state law. The city's plan was adopted on August 12, 1993 and amended on February 9, 1995, June 19, 1997, February 14, 2002, and March 13, 2003. The conditional certification for the City of Galveston's plan will remain in effect until the city amends its plan according to the comments provided by the General Land Office to the city on October 18, 1993, or until the General Land Office officially revokes the conditional certification.

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) (relating to Dune Protection Standards, Beachfront Construction Standards, and Concurrent Dune Protection and Beachfront Construction Standards) in the City of Galveston's plan. The plan:

   1. (1) 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. (2) 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. (3) assesses a "Fibercrete Maintenance Fee" of $200.00 to be used to pay for the cleanup of fibercrete from the public beaches, should the need arise; and
   4. (4) allows the use of reinforced concrete in that area landward of 200 feet from the line of vegetation.
3. (c) The conditional certification of the special events portion of the City of Galveston's plan, adopted by the City of Galveston by ordinance on February 14, 2002, will continue until the city modifies the special events portion of its plan to be consistent with the General Land Office comments submitted to the City of Galveston on March 11, 2002 and March 27, 2002, or until the General Land Office officially revokes the conditional certification.
4. (d) The General Land Office certifies as consistent with state law the amendment to the City of Galveston's plan that was adopted by the City Council of the City of Galveston on March 13, 2003, Ordinance No. 03-015. The ordinance amended the plan to increase the beach user fees collected at R. A. Apffel and Stewart Beach Parks from $5.00 to $7.00.

Source Note:The provisions of this §15.36 adopted to be effective October 21, 2003, 28 TexReg 9075.