1. (a) The City of Galveston (City) has submitted to the General Land Office a dune protection and beach access plan which was adopted on August 12, 1993 and amended on February 9, 1995, June 19, 1997, February 14, 2002, March 13, 2003, January 29, 2004, and February 26, 2004. The City's plan is certified as consistent with state law with respect to the January 26, 2004, amendments and the February 26, 2004, amendments to change the boundaries of Seawall Urban Beach Park, and to establish or increase beach user fees to be collected at the Seawall Beach Urban Park, Stewart Beach, R.A. Apffel Park, Dellanera Park, and east and west areas of Galveston Island. The City's plan is certified as consistent with state law with respect to the geographic area west of the eastern boundary of Stewart Beach, and east of the western boundary of R.A. Apffel Park. The City's plan is conditionally certified as consistent with state law with respect to the geographic area between Access Points 1 and 2 (East Beach, extending from the eastern boundary of Stewart Beach to the western boundary of R.A. Apffel Park). The City must satisfy the conditions set forth below in accordance with the reasoning outlined in the final adoption notice for the amendment approving this conditional certification. The conditional certification shall remain in effect until the General Land Office officially withdraws 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) of this title (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) For purposes of this section, the phrase "completion of substantial physical improvements" shall mean the completion of all of the following criteria for development, as determined by the City's Director of the Department of Planning and Community Development:

   1. (1) The filing of a final plat;
   2. (2) Installation of public and private infrastructure;
   3. (3) Installation of the associated beach access point parking, signage, and walkover consistent with §15.7(h)(1) of this title (relating to Local Government Management of the Public Beach); and
   4. (4) The issuance of a building permit for a private residence or public building, excluding a sales office or accessory structure.

4. (d) In order to continue to restrict vehicular access to the public beach from the eastern boundary of Stewart Beach to the western boundary of R.A. Apffel Park, the City must amend its plan to comply with the presumptive criteria for parking spaces on or adjacent to the beach, spacing between beach ingress/egress ways, and conspicuous signage set forth in §15.7(h)(1) of this title within 180 days of the effective date of this amendment. The General Land Office will condition its affirmative finding that the Plan as amended preserves and enhances the public's right to use and access the public beach upon the inclusion in the amended Plan of the specific measures set forth in paragraph (1) of this subsection.

   1. (1) With respect to the area between Access Points 1 through 2, the Plan must provide for the following:

      1. (A) Two existing pedestrian ingress/egress ways between the Galvestonian and the west entrance to R.A. Apffel Park marked with conspicuous signage as public access;
      2. (B) A pedestrian ingress/egress way with appropriate conspicuous signage must be provided between the Islander East and Galvestonian;
      3. (C) A pedestrian ingress/egress way with appropriate conspicuous signage at the approximate location of an existing path that is located near the eastern end of the "restricted" or "special use" area;
      4. (D) Interim off-beach parking on or adjacent to East Beach Road that meets the presumptive criterion for parking spaces on or adjacent to the beach set forth in §15.7(h)(1)(A) of this title of one parking space for each 15 linear feet of beach for the area from the eastern boundary of Stewart Beach Park to the ingress/egress way at R.A. Apffel Park Road, with at least one parking lot located between the Islander East and the Galvestonian, and at least one other parking lot located to the east of the Galvestonian in proximity to the existing pedestrian ingress/egress ways;
      5. (E) A parking lot at the eastern end of Stewart Beach located immediately adjacent to the "special use" area with a sufficient number of free parking spaces to satisfy the requirements of state law; and
      6. (F) Interim parking referred to in subparagraph (D) of this paragraph must be maintained by the City unless or until it is replaced with permanent parking on or adjacent to the beach south of East Beach Road.
   2. (2) The City must open the beach from the eastern boundary of Stewart Beach to the western boundary of R.A. Apffel Park to vehicular traffic if it fails to amend the Plan within 180 days and take the specific measures set forth in paragraph (1) of this subsection within 270 days of the effective date of this amendment.

5. (e) The restriction of vehicular access to any portion of the public beach from the eastern boundary of the Playa San Luis subdivision to San Luis Pass is permitted only under the following circumstances:

   1. (1) the completion of substantial physical improvements at the ingress/egress way adjacent to that portion of the public beach restricted to vehicular traffic including:

      1. (A) dedication of pedestrian pathways for public use as identified in the City's plan;
      2. (B) parking that meets the presumptive criterion for parking spaces on or adjacent to the beach set forth in §15.7(h)(1)(A) of this title of one parking space for each 15 linear feet of beach; and
      3. (C) conspicuous signs which explain the nature and extent of vehicular controls, parking areas, and access points;
   2. (2) notwithstanding the completion of substantial physical improvements at AP 38, 39 or 40, vehicular access to San Luis Pass via AP 36 (Salt Cedar Avenue) must be permitted until the road surface at the vehicular access at AP 41 is improved to provide reliable, regularly maintained vehicular access to the beach;
   3. (3) ingress/egress ways to the public beach for Access Points 38 through 41 inclusive are located so that the distance between such ingress/egress ways represents no more than one-quarter mile variance from the one-half mile presumptive criterion of §15.7(h)(1)(B) of this title; and
   4. (4) restriction of vehicular access to a portion, rather than all, of the beach from the eastern boundary of the Playa San Luis subdivision to San Luis Pass inclusive can occur only if such restriction does not create a section of beach open to vehicular access between two or more areas that are inaccessible to vehicular traffic.

Source Note:The provisions of this §15.36 adopted to be effective October 21, 2003, 28 TexReg 9075; amended to be effective July 20, 2004, 29 TexReg 6947.