1. (a) Issuance. The board may issue permits authorizing limited continued use of previously unauthorized structures, as defined in subsection (b) of this section, on coastal public lands, where such use is sought by one claiming an interest in any such structure but is not incident to the ownership of littoral property. This section is not intended to limit the authority granted to the commissioner or the School Land Board in the management of the surface estate in coastal public lands, or to be the exclusive means by which the commissioner or board may grant permission for the use of coastal public lands.
2. (b) Definition. A structure under this section shall be defined as any housing, capable of residential use or which otherwise would typically be considered an improvement on real property, which is in any manner attached or affixed to coastal public land and is not associated with the ownership of littoral property.

3. (c) Criteria. Permits granted pursuant to this section shall be subject to the following policies, provisions, and conditions, in addition to those generally applicable in the Act.

   1. (1) The board may not:

      1. (A) grant any permit authorizing the continued use of any structure located within 1,000 feet of:

         1. (i) privately owned littoral property, without the written consent of the littoral owner;
         2. (ii) any federal or state wildlife sanctuary or refuge;
         3. (iii) any federal, state, county, or city park bordering on coastal public lands;
      2. (B) grant any permit which would be in violation of the public policy of this state as expressed in these sections and regulations;
      3. (C) grant any permit for any structure not in existence on August 27, 1973; or
      4. (D) grant more than one permit per person, immediate family, organization, company, or group.
   2. (2) A permit authorizing continued use of a previously unauthorized structure on coastal public lands shall be deemed automatically revoked and terminated if the coastal public land where the structure is located is subsequently leased for public purposes or exchanged for littoral property, or if such land is conveyed to a navigation district as provided by law.
   3. (3) Every permit shall provide that in the event the terms of the permit are broken, the permit may, at the option of the board, be terminated.
   4. (4) Permitted structures may be used only for noncommercial recreational purposes. Acceptance of payment for use of a permitted structure, or for services connected with use of the structure, is expressly prohibited.
4. (d) Nuisance. All structures now existing or which shall be built, for which a permit is required pursuant to this section, have been declared by law to be the property of the state, and any construction, maintenance, or use of such structure except as authorized in this section is declared a nuisance per se and is expressly prohibited.
5. (e) Interest claim. Any person seeking to obtain an interest in a structure shall apply to the board for a permit. The application shall be accompanied by the appropriate fees, as set forth in §155.10 of this title (relating to Coastal Public Land Fees), and any documentation requested by the board.
6. (f) Board approval. The board may approve, deny, or approve with qualifications an application for a permit. If an application is approved by the board, the appropriate contract forms and related materials shall be forwarded to the applicant for completion. The board may include in its approval any provisions deemed necessary to protect the state's interest in coastal public lands and the public welfare.
7. (g) Term. The board shall set the term of the permit, which shall not exceed five years. No construction or other activities may commence at the site prior to execution of the structure permit by the commissioner of the General Land Office.
8. (h) Renewal. The board may, at its discretion, renew a permit upon receipt of a renewal request and the required fees from the current permit holder if all previous contractual conditions have been met.
9. (i) Relocation. The board may require relocation of any structure permitted under this section if it is determined to be in the best interest of the state. The permit holder shall be provided written notice stating that relocation of the permit is required, and explaining the reasons for relocation. Failure to comply with terms of a relocation notice may be considered grounds for termination of a permit.
10. (j) Transfer of interest. Board approval is required for the transfer of any interest in a permit from a current permit holder to another person. To transfer a permit, the current permit holder shall notify the board in writing of intent to terminate the existing contract, and shall provide the name of a person who seeks to assume responsibility for that site. The prospective permittee shall be forwarded the appropriate forms, and shall submit a completed permit application request and required fees to the board. To accomplish the transfer of interest, the board shall then terminate the original permit and, during the same meeting, issue a new permit for the same site to the person specified by the original permit holder, providing all original contract requirements have been complied with and all fees have been paid.

11. (k) Major repairs. Any action which alters the square footage of an existing permitted structure shall be considered a major repair and shall require prior approval from the board. The board may approve, deny, or approve with qualifications a request for major repairs to, or for the rebuilding of, a permitted structure. Examples of major repairs include, but are not limited to:

    1. (1) modification or renovation work which alters the dimensions of structures currently in existence;
    2. (2) the addition of any structure to an existing permitted facility;
    3. (3) the relocation of any structure or facility from its permitted location; or
    4. (4) any activity requiring dredging or filling.

12. (l) Minor repairs. Minor repairs may be made to a permitted structure without prior approval of the board. Minor repairs shall include routine repairs to existing docks, piers, and the structure, and other normal maintenance required to maintain a structure in a safe and secure manner but which does not alter the authorized dimensions. Examples of minor repairs include, but are not limited to:

    1. (1) replacement of tin or shingles on roofs, boards on floors, walls, walkways, or decks when the structural dimensions are not increased;
    2. (2) replacement of pilings or other structural members that do not require dredging or filling;
    3. (3) painting and maintenance activities; and
    4. (4) addition of windows, doors, or rails to an existing structure.

13. (m) Abandoned structures. Structures determined by the board to be abandoned may be removed from coastal public lands or permitted to an interested party. Structures may be considered abandoned if:

    1. (1) no response is received to a notice posted on the structure citing the Act which requires board authorization for the structure, and containing a request that the interest holder contact the General Land Office within a specified period of time;
    2. (2) the interest holder in an unpermitted structure fails to complete the permit application process within 60 days once contact with the General Land Office has been made; or
    3. (3) all reasonable attempts to contact a permit holder at the last known address have failed.
14. (n) Termination. Failure to comply with these rules and regulations shall be justification for termination of the permit by the board. A permit holder shall have 60 days from the date of termination by the board to remove all personal property from the structure provided all required fees have been paid. The board shall have discretionary authority to revise this time limit, to require permittee to remove any or all structures and man-made improvements, or to assess the costs for repair of any damage to state lands and/or for any necessary removal of debris at the permit site. Any personal property remaining at the site after the 60 days, or the prescribed period set by the board, shall become property of the state and may be disposed of at the board's discretion.

15. (o) General provisions. Each permit issued by the board shall be subject to the following general provisions.

    1. (1) The permit number must be displayed on the structure in block numerals no less than 10 inches high. The numerals must be readily visible from the normal route of access and should be of a color that contrasts with the color of the structure. Decals, paint, or metal numerals may be used.
    2. (2) All structures on coastal public lands shall be subject to inspection at any time by the board or its authorized representatives without prior notice to the permit holder.
    3. (3) All structures shall be maintained in good repair and safe condition, and shall be kept in a clean and sanitary condition acceptable to the state.
    4. (4) No domestic or wild animals of any type shall be permanently released upon state-owned islands. Domestic animals shall be prevented from disturbing nesting birds on state-owned islands.

    5. (5) An applicant, by accepting a permit for a structure on coastal public land, agrees and consents to the following:

       1. (A) to comply with all regulations which the board determines to be necessary and proper for the protection, conservation, and orderly development of coastal public lands;
       2. (B) to indemnify the State of Texas against any and all liability for damage to life, person, or property arising from the permittee's occupation and use of the area covered by the interest granted; and
       3. (C) to keep the commissioner of the General Land Office informed at all times of his or her current mailing address and telephone number.
    6. (6) The approval of a structure permit by the board grants exclusive rights to the permit holder for the permitted structure only, and does not prevent the board from issuing other grants of interest for the same area or implementing specific land management practices at its discretion.

Source Note:The provisions of this §155.4 adopted to be effective March 15, 1989, 14 TexReg 1081.