1. (a) General.

   1. (1) Form of payment. Fees may be paid by cash, check or other legal means acceptable to the commissioner.
   2. (2) Time for payment. Payment is generally required in advance of issuance of permits, leases and other documents and/or delivery of services and/or materials by the General Land Office (GLO).
   3. (3) Dishonor or nonpayment by other means. In the event a fee is not paid due to dishonor, nonpayment, or otherwise, the GLO shall have no further obligation to issue permits, leases and other documents and/or provide services and/or materials to the permittee, lessee, or applicant.

2. (b) Board fees and charges. The board is authorized and required under the Natural Resources Code, Chapter 33, to collect the fees and charges set forth in this subsection where applicable. The board will charge the following coastal lease and coastal easement fees for use of coastal public land, and will charge the following structure registration and permit fees. The board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and public formulas as delineated in paragraphs (3) and (4) of this subsection. The greater of the fixed fee or formula rate will be charged except in the calculation of fees for residential use, Category II and residential use, Category III, where only the fixed rate method will be used. The board may adopt an escalation schedule that will allow for escalation of annual fees based on the term of a coastal lease or coastal easement.

   1. (1) Coastal lease charges. The board may grant coastal leases for public purposes as prescribed by the Natural Resources Code, §§33.103(1), 33.105, and 33.109. The filing fee and annual fee shall be negotiable.

   2. (2) Structure registration fee. Structure registration fee is required for private piers or docks that are 100 feet long or less and 25 feet wide or less and require no dredging or filling, as authorized by the Natural Resources Code, §33.115. Though board approval is not required for construction, the applicant must register the location of the structure. The registration is valid for the life of the structure:

      1. (A) filing fee: $25;
      2. (B) annual fee: no charge;
      3. (C) assignment fee: $25;
      4. (D) amendment fee: $25.

   3. (3) Miscellaneous coastal easement fees:

      1. (A) assignment fee: $50;
      2. (B) amendment fee: $50;
      3. (C) late payment fee: 10% of past due amount/$25 minimum.

   4. (4) Coastal easement fees:

      1. (A) piers, docks, and watercraft storage facilities:

         1. (i) residential use, Category I:

            1. (I) filing fee: $25;
            2. (II) annual fee: $.03 per square foot/$25 minimum;
            3. (III) annual fee for more than one of any of the following structures: boatlift, boathouse, covered boat slip, or any oversized personal water craft slip: $250 each;

         2. (ii) residential use, Category II and III:

            1. (I) filing fee: $50;
            2. (II) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

         3. (iii) commercial:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $.20 per square foot/$100 minimum;

         4. (iv) other, private non-profit use:

            1. (I) filing fee: $50;
            2. (II) annual fee: negotiable/$100 minimum;

      2. (B) marinas:

         1. (i) Clear Lake:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $4.00 per boat slip linear foot;

         2. (ii) residential use: Category II and III:

            1. (I) filing fee: $50;
            2. (II) annual fee: 75% of fee calculated for same use as a commercial activity;

         3. (iii) other:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $3.00 per boat slip linear foot;

      3. (C) wharf:

         1. (i) filing fee: $50;
         2. (ii) evaluation fee: $50;
         3. (iii) annual fee: $.30 per square foot/$100 minimum;

      4. (D) breakwaters, jetties, and groins:

         1. (i) residential--Category I:

            1. (I) filing fee: $25;
            2. (II) annual fee: $.20 per square foot/$25 minimum;

         2. (ii) residential--Category II and III:

            1. (I) filing fee: $50;
            2. (II) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

         3. (iii) commercial activity:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $.20 per square foot/$100 minimum;

      5. (E) dredged area:

         1. (i) mineral interest holder:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;

            3. (III) annual fee:

               (-a-) first year fee for a new dredged area: $.02 per square foot/$100 minimum;

               (-b-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$100 minimum;

         2. (ii) residential--Category I:

            1. (I) filing fee: $50;

            2. (II) annual fee:

               (-a-) first year fee for a new dredged area: $.03 per square foot/$25 minimum;

               (-b-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$25 minimum;

         3. (iii) residential--Category II and III:

            1. (I) filing fee: $50;
            2. (II) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum;

         4. (iv) commercial activity:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;

            3. (III) annual fee:

               (-a-) first year fee for a new dredged area: $.05 per square foot/$100 minimum;

               (-b-) fee for maintaining a dredged area after first year of easement: $.01 per square foot/$100 minimum;

      6. (F) open encumbered area:

         1. (i) residential--Category I:

            1. (I) filing fee: none;
            2. (II) annual fee: none;

         2. (ii) residential--Category II and III:

            1. (I) filing fee: $50;
            2. (II) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum;

         3. (iii) commercial activity:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $.03 per square foot/$100 minimum;

         4. (iv) Other, private non-profit use:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: negotiable/$100 minimum;

      7. (G) basin: commercial and industrial activity:

         1. (i) industrial activity:

            1. (I) filing fee: $50;
            2. (II) annual fee: basin formula, industrial activity;
            3. (III) evaluation fee: $50;

         2. (ii) commercial activity:

            1. (I) filing fee: $50;
            2. (II) annual fee: basin formula, commercial activity;
            3. (III) evaluation fee: $50;

      8. (H) fill area: all commercial, industrial, and residential activity, whether public or private:

         1. (i) fill not in place as of August 15, 1995:

            1. (I) filing fee: $50;
            2. (II) annual fee for fill not previously authorized: $.10 per square foot, $100 minimum, or fill formula, whichever is greater, for residential use;
            3. (III) annual fee for fill not previously authorized: $.20 per square foot, $100 minimum, or fill formula, whichever is greater, for commercial or industrial use;
            4. (IV) annual fee for renewals: 110% of the existing contract rate for residential use, Categories I, II, and III; 120% of the existing contract rate for commercial or industrial use;
            5. (V) annual fee renewals escalation frequency: annual fee for renewals escalates at the end of every 5 years;
            6. (VI) evaluation fee: $50;
         2. (ii) fill (excluding bulkheads) existing but not permitted as of August 15, 1995: $.02 per square foot or $25, whichever is greater;
      9. (I) shoreline stabilization project--filing fee: $25;

      10. (J) concrete stairs, concrete slabs:

          1. (i) residential--Category I:

             1. (I) filing fee: $25;
             2. (II) annual fee: $.03 per square foot/$25 minimum;

          2. (ii) residential--Category II and III:

             1. (I) filing fee: $50;
             2. (II) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

          3. (iii) commercial activity:

             1. (I) filing fee: $50;
             2. (II) evaluation fee: $50;
             3. (III) annual fee: $.20 per square foot/$100 minimum;

          4. (iv) other, private non-profit use:

             1. (I) filing fee: $50;
             2. (II) annual fee: $100.

   5. (5) Structure (cabin) permits:

      1. (A) fees:

         1. (i) refundable deposit: $200;
         2. (ii) annual fee for all structures excluding piers, docks, and walkways will be calculated at $.60 per square foot per year/$175 minimum;
         3. (iii) contract renewal: $175;
         4. (iv) new contract issuance or transfer of interest approved by the board: $325;
         5. (v) bonus payment for new contract issuance for structure determined by the board to be abandoned or for which the permit was terminated by the board for cause: negotiable/minimum to be determined by the board;
         6. (vi) filing fee for competitive bid proposal for permit for structure determined by the board to be abandoned or for which the permit was terminated by the board for cause: $50;
         7. (vii) late payment fee: 25% of past due amount;
      2. (B) permittee may apply for a continuation of the previous fee if the permit was issued prior to July 18, 1983 (the date of the initial rate increase), and if the annual fee will impose an undue financial hardship on a current permit holder.

   6. (6) Resource Impact Fee:

      1. (A) public use piers and residential piers constructed within guidelines: exempt;
      2. (B) all others: $100 plus $1.00 per square foot of impacted area.
   7. (7) Term. The term for all coastal leases and coastal easements is negotiable. Board approval is required prior to construction.
   8. (8) Rental adjustments--all commercial and industrial easements. At every five-year interval in the term of commercial and industrial easements, the rental fee for the easement will be subject to adjustment. The adjustment, if any, will be in accordance with the then current Fee Schedule as adopted by the Board.

   9. (9) Implementation.

      1. (A) New residential developments. Upon the application for an easement associated with the development of a multi-unit or single-family residential project, the easement application will be processed and fee determined according to the appropriate commercial activity rate. Upon the sale of an individual residential unit associated with the easement, with sufficient infrastructure in place to convert use of the unit to individual use (and use of associated easement to private activity), the original easement applicant, upon agreement with the commissioner of the GLO, may pay a $50 conversion fee. The easement fee may then be reduced by the percentage that the sold unit represented to the total number of units associated with the easement. At the time the conversion fee is paid under the provisions herein, the unit will then be considered to be subject to the residential activity rates upon renewal of the easement. For units already sold prior to the effective date of this section, conversion to a residential activity rate will be granted without the payment of the conversion fee.
      2. (B) Additional terms. The commissioner of the GLO may require, as a condition for the granting of an easement set forth in this section, such additional terms that he feels are necessary to secure performance under any such easement.
   10. (10) Senior fee freeze. Upon application to the GLO and submission of proof of age by a grantee, fees for coastal easements associated with a single family residence will not be increased after the point in time when the littoral property owner (one person in the case of joint ownership) reaches the age of 65, unless the area of encumbered state land increases or there is a change in use of the coastal public land.

Source Note:The provisions of this §155.15 adopted to be effective December 1, 1995, 20 TexReg 9577; amended to be effective March 20, 1997, 22 TexReg 2619; amended to be effective May 26, 2005, 30 TexReg 3020; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective November 14, 2010, 35 TexReg 9915.