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.
   3. (3) Dishonor or nonpayment by other means. In the event a fee is not paid due to dishonor, nonpayment, or otherwise, the General Land Office 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) School Land Board fees and charges. The School Land 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.

   1. (1) Definitions. The following words and terms, when used in this subsection, shall have the following meanings, unless the context clearly indicates otherwise.

      1. (A) Adjacent littoral property--The property, specified in the easement application as owned by the easement applicant, that is contiguous to and borders the coastal public land upon which the easement is sought.
      2. (B) Alignment Bulkheads--Proposed bulkheads which align with an adjacent, preexisting bulkhead, or bulkheads.
      3. (C) Appraised market value of adjacent littoral property--Fair market value of the unimproved adjacent littoral property as determined by the appropriate tax appraisal district.
      4. (D) Basin--A structure used for commercial or industrial activity that consists of the area of the land encumbered and any fixtures attached thereto. This definition includes the construction and maintenance of marinas, piers, walkways, docks, dolphins, and wharves and any and all dredged area associated therewith.
      5. (E) Basin formula--The amount of encumbered state land multiplied by the appraised market value of the adjacent littoral property multiplied by the submerged land discount multiplied by the return on investment.
      6. (F) Bulkhead--A retaining wall or other structure built on or adjacent to littoral property.
      7. (G) Dredged Area--An excavated area, including channels and basins, on coastal public lands. This definition excludes any structure that would be included in the definition of fill area or basin.
      8. (H) Commercial activity--Activity which is designed to enhance or accommodate a venture associated with a revenue generating activity. This definition excludes industrial activity, but includes residential uses if there is revenue generating activity conducted on the premises.
      9. (I) Encumbered state land--The amount of state coastal public land encumbered by the permitted activity and is expressed in number of square feet.
      10. (J) Encumbered open area--That portion of a project in which the design or use of the project impedes public access to coastal public lands and is not otherwise defined as a dredged area or other structure.
      11. (K) Evaluation fee--A one-time fee assessed upon the granting of a commercial instrument. In the case of multiple-purpose easement applications, only one evaluation fee will be assessed.
      12. (L) Fill area--A structure, excluding riprap, concrete stairs, breakwaters, jetties, and groins that permanently and fully encumbers, and entirely displaces the water covering the coastal public land. This activity includes the construction and maintenance of bulkheads.
      13. (M) Fill formula--State land encumbered multiplied by the appraised market value of adjacent littoral property multiplied by the return on investment.
      14. (N) Homeowners association--An association whose individual members, by virtue of holding full and exclusive title to the adjacent littoral property area specifically defined in an easement application, are entitled, as a group, to the privileges of an easement that may be granted by the State of Texas for use of adjacent coastal public land.
      15. (O) Industrial activity--A use of coastal public land not associated with private activity that facilitates and is ancillary to a manufacturing, processing, or gathering facility.
      16. (P) Mineral interest holder--Holder of a state mineral lease who plans to dredge on state-owned coastal lands outside the state leasehold tract to obtain access to the state leasehold tract.
      17. (Q) New dredged area--An excavated area which is not under current permit with the General Land Office. The new dredged area rate is charged for the first year, and the fee for maintaining the dredged area is charged for each subsequent year of the easement term.
      18. (R) Private non-profit use--A private activity which does not contemplate the generation of any revenue.
      19. (S) Public activity--Activity which is performed in the public interest by a public entity or a private non-profit organization, is not designed to enhance or accommodate a profit-making venture, and is not associated with a revenue generating activity.
      20. (T) Public entity--City, county, state agency, board or commission, or any other political subdivision of the state. See §155.21 of this title (relating to Application; Nature of Original Lease; Sublease; Termination).
      21. (U) Residential use, Category I--One single-family residential structure per defined lot or parcel of land; both land and improvements are typically under the same ownership.
      22. (V) Residential use, Category II--Multi-family residential units per defined lot or parcel of land; land and individual units may be separately owned; includes uses by condominium developments and qualified homeowners associations acting for and on behalf of owners of a multi-family residential development, but does not include time-share developments or any use that includes commercial activities.
      23. (W) Resource Impact Fee--A one-time fee assessed for proposed projects that impact seagrass, emergent marsh, or oyster reef, for which there is no separate mitigation requirement.
      24. (X) Return on investment--A number used in the basin, fill, and industrial activity formulas that reflects a financial return expectation. The return on investment rate will be set annually by the School Land Board and will be effective at the beginning of each fiscal year.
      25. (Y) Shoreline stabilization project--Vegetative cover or rip-rap consisting of concrete block, concrete rubble, rock, brick, sack crete or similar material approved by the General Land Office utilized to control shoreline erosion.
      26. (Z) Structure--As defined in the Natural Resources Code, §33.004.
      27. (AA) Submerged land discount--60% discount used in formulas when the easement is commercial, 70% discount used in formulas when the easement is industrial.

   2. (2) Coastal fees and charges. The School Land 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 School Land Board charge will be based on either the fixed fee schedule or the alternate commercial, industrial, residential, and public formulas as delineated in subparagraphs (C) and (D) of this paragraph. The greater of the fixed fee or formula rate will be charged.

      1. (A) Coastal lease charges. The School Land Board may only grant coastal leases to certain entities, as prescribed by the Natural Resources Code, §33.105 and §33.109.

         1. (i) Private activity, non-profit, scientific, or educational activity authorized by §155.2(a)(3) and (4) of this title (relating to Leases):

            1. (I) filing fee: $25;
            2. (II) annual fee: negotiable/$5.00 minimum.

         2. (ii) Public activity authorized by §155.2(a)(1) and (2) of this title (relating to Leases):

            1. (I) filing fee: $25;
            2. (II) annual fee: no charge.

         3. (iii) Public activity authorized by §155.2(a)(1) and (b)(4) of this title (relating to Leases):

            1. (I) sub-lease processing fee: $50;
            2. (II) annual fee: negotiated percentage of the activity's gross annual revenues.

      2. (B) 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 School Land 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. (i) filing fee: $25;
         2. (ii) annual fee: no charge;
         3. (iii) assignment fee: $25;
         4. (iv) amendment fee: $25.

      3. (C) Miscellaneous coastal easement fees:

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

      4. (D) Coastal eastment fees:

         1. (i) piers and docks:

            1. (I) residential use: Category I:

               (-a-) filing fee: $25;

               (-b-) annual fee: $.03 per square foot/$25 minimum;

            2. (II) residential use: Category II:

               (-a-) filing fee: $50;

               (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

            3. (III) commercial:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: $.20 per square foot/$100 minimum;

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

               (-a-) filing fee: $50;

               (-b-) annual fee: negotiable/$100 minimum.

         2. (ii) marinas:

            1. (I) Clear Lake:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: $4.00 per boat slip linear foot;

            2. (II) residential use: Category II:

               (-a-) filing fee: $50;

               (-b-) annual fee: 75% of fee calculated for same use as a commercial activity;

            3. (III) other:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: $3.00 per boat slip linear foot;

         3. (iii) wharf:

            1. (I) filing fee: $50;
            2. (II) evaluation fee: $50;
            3. (III) annual fee: $.30 per square foot/$100 minimum;

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

            1. (I) residential--Category I:

               (-a-) filing fee: $25;

               (-b-) annual fee: $.20 per square foot/$25 minimum;

            2. (II) residential--Category II:

               (-a-) filing fee: $50;

               (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

            3. (III) commercial activity:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: $.20 per square foot/$100 minimum;

         5. (v) dredged area:

            1. (I) mineral interest holder:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee:

               (-1-) first year fee for a new dredged area: $.02 per square foot/$100 minimum;

               (-2-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$100 minimum;

            2. (II) residential--Category I:

               (-a-) filing fee: $50;

               (-b-) annual fee:

               (-1-) first year fee for a new dredged area: $.03 per square foot/$25 minimum;

               (-2-) fee for maintaining a dredged area after first year of easement: $.005 per square foot/$25 minimum;

            3. (III) residential--Category II:

               (-a-) filing fee: $50;

               (-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum;

            4. (IV) commercial activity:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee:

               (-1-) first year fee for a new dredged area: $.05 per square foot/$100 minimum;

               (-2-) fee for maintaining a dredged area after first year of easement: $.01 per square foot/$100 minimum;

         6. (vi) Open encumbered area:

            1. (I) residential--Category I:

               (-a-) filing fee: none;

               (-b-) annual fee: none;

            2. (II) residential--Category II:

               (-a-) filing fee: $50;

               (-b-) annual fee: 75% of fee calculated for same use as commercial activity/$100 minimum;

            3. (III) commercial activity:

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: $.03 per square foot/$100 minimum;

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

               (-a-) filing fee: $50;

               (-b-) evaluation fee: $50;

               (-c-) annual fee: negotiable/$100 minimum;

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

            1. (I) industrial activity:

               (-a-) filing fee: $50;

               (-b-) annual fee: basin formula, industrial activity;

               (-c-) evaluation fee: $50;

            2. (II) commercial activity:

               (-a-) filing fee: $50;

               (-b-) annual fee: basin formula, commercial activity;

               (-c-) evaluation fee: $50;

         8. (viii) fill area: all activity:

            1. (I) commercial/industrial:

               (-a-) filing fee: $50;

               (-b-) annual fee: $.20 per square foot, $100 minimum, or fill formula;

               (-c-) evaluation fee: $50;

            2. (II) private activity/public activity:

               (-a-) filing fee: $50;

               (-b-) annual fee:

               (-1-) existing fill (excluding bulkheads) not permitted as of August 15, 1995: $.02 per square foot or $25, whichever is greater;

               (-2-) annual fee for an alignment bulkhead to be constructed or constructed, but not permitted, as of August 15, 1995: $.02 per square foot or $25, whichever is greater;

               (-c-) annual fee for other: $.10 per square foot or fill formula, whichever is greater/$25 minimum;

         9. (ix) Shoreline stabilization project:

            1. (I) All activities authorized by §155.1(b)(2)(A) - (C) of this title (relating to General Provisions):

               (-a-) filing fee: $15;

               (-b-) annual fee: none.

            2. (II) Others:

               (-a-) filing fee: $25;

               (-b-) annual fee: negotiable/$.03 per square foot/$25 minimum;

         10. (x) Boat ramps, concrete stairs, concrete slabs:

             1. (I) residential--Category I:

                (-a-) filing fee: $25;

                (-b-) annual fee: $.03 per square foot/$25 minimum;

             2. (II) residential--Category II:

                (-a-) filing fee: $50;

                (-b-) annual fee: 75% of fee calculated for same use as a commercial activity/$100 minimum;

             3. (III) commercial activity:

                (-a-) filing fee: $50;

                (-b-) evaluation fee: $50;

                (-c-) annual fee: $.20 per square foot/$100 minimum;

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

                (-a-) filing fee: $50;

                (-b-) annual fee: $100.

      5. (E) Structure (cabin) permits:

         1. (i) 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. (ii) 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. (F) Resource Impact Fee:

         1. (i) Public use piers and residential piers constructed within guidelines: exempt;
         2. (ii) All others: $100 plus $1.00 per square foot of impacted area.
      7. (G) Term. The term for all coastal leases and coastal easements is negotiable. School Land Board approval is required prior to construction.
      8. (H) 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 School Land Board.
      9. (I) Discretionary authority. The School Land Board may reduce or waive any fee set forth herein if such action would be in the public's best interest as determined by the School Land Board.

      10. (J) Implementation.

          1. (i) 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 General Land Office, 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. (ii) Additional terms. The commissioner of the General Land Office 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.

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.