1. (a) Pursuant to Texas Natural Resources Code §33.132, a littoral owner claiming any right in any structure, excluding a fixed or floating pier, which as of August 27, 1973, is situated in whole or in part on coastal public lands, shall have registered with the General Land Office (GLO) the structure on or before January 1, 1974. Any structure not registered by January 1, 1974, shall require an easement or lease.

2. (b) Pursuant to Texas Natural Resources Code §33.115, any littoral owner desiring to register a pier shall register such pier with the GLO by submitting a non-refundable registration fee and an executed structure registration. The structure registration shall be on a form provided by the GLO and shall contain the following.

   1. (1) the name, mailing address, and telephone number of the littoral owner; the exact dimensions of the pier, including a drawing showing such dimensions;
   2. (2) the exact location of the pier, including a vicinity map showing the location of the pier on coastal public land;
   3. (3) a statement verifying that the littoral owner is the owner of the property adjoining the coastal public land on which the pier was constructed;
   4. (4) a statement verifying that the littoral owner has read and understands the terms and conditions set forth is this section;
   5. (5) a statement acknowledging that, if at any time it is discovered that the pier does not meet the requirements set forth in Texas Natural Resources Code §33.115, the littoral owner may be subject to penalties as prescribed by law; and
   6. (6) a statement verifying that the littoral owner will comply will all applicable local, state, and federal laws, ordinances, rules, orders, and regulations of governing agencies concerning use of the pier and adjacent coastal public land.

3. (c) Construction of a pier pursuant to Texas Natural Resources Code §33.115 may commence only upon receipt by the GLO of the following:

   1. (1) a completed and executed structure registration form;
   2. (2) the registration fee;
   3. (3) proof of recordation of a GLO provided memorandum in the County Deed Records in which the littoral property lies.

4. (d) Any person registering a structure or pier pursuant to this section agrees and consents to comply with and be bound by the following terms and conditions:

   1. (1) to keep the GLO informed at all times of his or her address;
   2. (2) to maintain the structure or pier in proper condition and not allow it to deteriorate to such a degree as to become a hazard or public nuisance;
   3. (3) to notify the GLO upon a change of ownership, or property interest, in the adjacent littoral property within 30 days of such change; and
   4. (4) to permit agents, representatives and employees of the GLO, at all times, to enter into and on a registered structure or pier and adjacent property of the littoral owner for the purpose of inspection of the structure or pier and for any other reasonable purpose necessary to protect coastal public land.

5. (e) The construction criteria for piers pursuant to Texas Natural Resources Code §33.115 shall include the following:

   1. (1) Only one pier may extend from each defined parcel of littoral property.
   2. (2) Appurtenances are limited to those established by the GLO as normal appurtenances.

   3. (3) A pier or dock shall extend perpendicular from a point on the shoreline, which is not less than ten feet from the adjacent littoral property line, unless such a design

      1. (A) would obstruct navigation;
      2. (B) would unreasonably interfere with an adjoining littoral property owner's use of the waterfront;
      3. (C) or is otherwise in compliance with 31 TAC §155.9(m)(2)(B).
   4. (4) Walkways may not exceed 4 feet in width, however, variances may be granted by the GLO upon demonstrated necessity.
   5. (5) Boatlifts, boathouses, boat-skids, boat slips, and personal watercraft slips shall not be constructed in waters less than 3 feet Mean High Water.
   6. (6) Piers may have terminal structures (T-head, dock, etc.). The dimensions of such terminal structures over vegetated areas shall be no more than 8 feet by 20 feet, (or a reasonable substitute equal to or less than 160 square feet in area) The dimensions of such terminal structures over non-vegetated areas shall be no more than 10 feet by 30 feet (or a reasonable substitute less than or equal to 300 square feet in area).
   7. (7) Lower-level landings may be allowed but shall not exceed 40 square feet in overall area.
   8. (8) Boatlifts, boathouses, boat-skids, boat slips, and personal watercraft slips and associated walkways may not exceed 16 feet in width.
   9. (9) Personal watercraft slips or boat-skids (including ramps, platforms) may not exceed 120 square feet in overall area.
   10. (10) Only 1 watercraft storage facility and 1 personal watercraft slip will be allowed per pier.
6. (f) In the event a structure has been registered pursuant subsection (a) of this section and the littoral owner subsequently desires to make modifications or additions or rebuild the structure, the littoral owner shall obtain either an easement or lease, or new registration pursuant to Texas Natural Resources Code §33.115 in lieu of the prior registration.

7. (g) In the event a pier has been registered pursuant to subsection (b) of this section and the littoral owner subsequently desires to make modifications or additions or rebuild such pier, the littoral owner is required to obtain in lieu of the original registration:

   1. (1) a new registration if the pier's dimensions or location are changed from the footprint outlined in the structure registration, or

   2. (2) an easement if such pier will be for

      1. (A) commercial purposes,
      2. (B) will require dredging or filling,
      3. (C) will exceed 115 feet in length or 25 feet in width, or
      4. (D) not conform with the criteria outlined in subsection (e).
8. (h) To the greatest extent possible, the littoral owner shall construct a pier, pursuant to Texas Natural Resources Code §33.115, in a manner that avoids existing marshes, oyster reefs, sea grass or shallow water capable of supporting these habitats. Impact to sensitive habitats that cannot be avoided shall be minimized to the greatest extent possible.

Source Note:The provisions of this §155.5 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective October 23, 2005, 30 TexReg 6772; amended to be effective September 1, 2008, 33 TexReg 6947.