§ 103-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Affect means to bring a change in; to have an effect on.

Amenities means any nonhabitable major structures, including swimming pools, bathhouses, detached garages, cabanas, pipelines, piers, canals, lakes, ditches, artificial runoff channels and other water retention structures, roads, streets, highways, parking areas and other paved areas (exceeding 144 square feet in area), underground storage tanks, and similar structures.

Backdunes means the dunes located landward of the foredune ridge which are usually well vegetated, but may also be unvegetated and migratory. These dunes supply sediment to the beach after the foredunes and the foredune ridge have been destroyed by natural or human activities.

Beach access means the right to use and enjoy the public beach, including the right of free and unrestricted ingress and egress to and from the public beach.

Beach profile means the shape and elevation of the beach as determined by surveying a cross section of the beach.

Beach/dune system means the land from the line of mean low tide of the Gulf of Mexico to the landward limit of dune formation.

Blowout means a breach in the dunes caused by wind erosion.

Breach means a break or gap in the continuity of a dune caused by wind or water.

Bulkhead means a structure or partition built to retain or prevent the sliding of land. A secondary purpose is to protect the upland against damage from wave action.

Coastal and shore protection project means a project designed to slow shoreline erosion or enhance shoreline stabilization, including, but not limited to, erosion response structures, beach nourishment, sediment bypassing, construction of man-made vegetated mounds, and dune revegetation.

Commercial facility means any structure used for providing, distributing, and selling goods or services in commerce, including, but not limited to, hotels, restaurants, bars, rental operations, and rental properties.

Construction means causing or carrying out any building, bulkheading, filling, clearing, excavation, or substantial improvement to land or the size of any structure. The term "building" includes, but is not limited to, all related site work and placement of construction materials on the site. The term "filling" includes, but is not limited to, disposal of dredged materials. The term "excavation" includes, but is not limited to, removal or alteration of dunes and dune vegetation and scraping, grading, or dredging a site. The term "substantial improvements to land or the size of any structure" includes, but is not limited to, creation of vehicular or pedestrian trails, landscape work that adversely affects dunes or dune vegetation, and increasing the size of any structure.

Coppice mounds means the initial stages of dune growth formed as sand accumulates on the downwind side of plants and other obstructions on or immediately adjacent to the beach seaward of the foredunes. Coppice mounds may be unvegetated.

Critical dune areas means those portions of the beach/dune system, as designated by the general land office, that are located within 1,000 feet of mean high tide of the Gulf of Mexico that contain dunes and dune complexes that are essential to the protection of public beaches, submerged land, and state-owned land, such as public roads and coastal public lands, from nuisance, erosion, storm surge, and high wind and waves. The term "critical dune areas" includes, but is not limited to, the dunes that store sand in the beach/dune system to replenish eroding public beaches.

Cumulative impact means the effect on beach use and access, on a critical dune area, or an area seaward of the dune protection line which results from the incremental effect of an action when added to other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes such other actions. Cumulative effects can result from individually minor, but collectively significant, actions taking place over a period of time.

Dune means an emergent mound, hill, or ridge of sand, either bare or vegetated, located on land bordering the waters of the Gulf of Mexico. Dunes are naturally formed by the windward transport of sediment, but can also be created via man-made vegetated mounds. Natural dunes are usually found adjacent to the uppermost limit of wave action and are marked by an abrupt change in slope landward of the dry beach. The term "dunes" includes coppice mounds, foredunes, dunes comprising the foredune ridge, backdunes, swales, and man-made vegetated mounds.

Dune complex means any emergent area adjacent to the waters of the Gulf of Mexico in which several types of dunes are found or in which dunes have been established by proper management of the area. In some portions of the state's coast, dune complexes contain depressions known as swales.

Dune Protection Act means V.T.C.A., Natural Resources Code ch. 63.

Dune vegetation means flora indigenous to natural dune complexes on the state's coast and can include coastal grasses and herbaceous and woody plants.

Effects means and includes the term "direct effects" which are those impacts on public beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by the action and occur at the same time and place; and the term "indirect effects" which are those impacts on beach use and access, on critical dune areas, or on dunes and dune vegetation seaward of a dune protection line which are caused by an action and are later in time or farther removed in distance than a direct effect, but are still reasonably foreseeable. The term "indirect effects" may include growth-inducing effects and other effects related to induced changes in the pattern of land use, population density, or growth rate and related effects on air and water and other natural systems, including ecosystems. The terms "effects" and "impacts" as used in this chapter are synonymous. The term "effects" may be ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic, social, or health-related, whether direct, indirect, or cumulative.

Erosion means the wearing away of land or the removal of beach and/or dune sediments by wave action, tidal currents, wave currents, drainage, or wind. The term "erosion" includes, but is not limited to, horizontal recession and scour and can be induced or aggravated by human activities.

Erosion response structure means a hard or rigid structure built for shoreline stabilization which includes, but is not limited to, a jetty, retaining wall, groin, breakwater, bulkhead, seawall, riprap, rubble mound, or revetment; or the foundation of a structure which is the functional equivalent of these specified structures.

FEMA means the United States Federal Emergency Management Agency.

Foredune ridge means the high continuous line of dunes which are usually well vegetated and rise sharply landward of the foredune area, but may also rise directly from a flat, wave-cut beach immediately after a storm.

Foredunes means the first clearly distinguishable, usually vegetated, stabilized large dunes encountered landward of the Gulf of Mexico. On some portions of the Texas Gulf Coast, foredunes may also be large, unvegetated, and unstabilized. Although they may be large and continuous, foredunes are typically hummocky and discontinuous and may be interrupted by breaks and washover areas. Foredunes offer the first significant means of dissipating storm-generated wave and current energy issuing from the Gulf of Mexico. Because various heights and configurations of dunes may perform this function, no standardized physical description applies. Foredunes are distinguishable from surrounding dune types by their relative location and physical appearance.

Habitable structures means the structures suitable for human habitation, including, but not limited to, single- or multi-family residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, the term "habitable structure" includes porches, gazebos, and other attached improvements.

Industrial facilities includes, but is not limited to, those establishments listed in part 1, division D, major groups 20—39 and part 1, division E, major group 49 of the Standard Industrial Classification Manual as adopted by the Executive Office of the President, Office of Management and Budget (1987 ed.). However, for the purposes of this chapter, the establishments listed in part 1, division D, major group 20, industry group number 209, industry numbers 2091 and 2092 are not considered industrial facilities. These establishments are listed in section 103-194.

Line of vegetation means the extreme seaward boundary of natural vegetation which spreads continuously inland typically used to determine the landward extent of the public beach. Where there is no natural vegetation line, the landward extent of the public beach may be determined as provided by V.T.C.A., Natural Resources Code §§ 61.016 and 61.017.

Man-made vegetated mound means a mound, hill, or ridge of sand created by the deliberate placement of sand or sand-trapping devices, including sand fences, trees, or brush, and planted with dune vegetation.

Mitigation sequence means the series of steps which must be taken if dunes and dune vegetation will be adversely affected. First, such adverse effects shall be avoided. Second, adverse effects shall be minimized. Third, the dunes and dune vegetation adversely affected shall be repaired, restored, or replaced. Fourth, the dunes and dune vegetation adversely affected shall be replaced or substituted to compensate for the adverse effects.

Motor vehicle or vehicle means a vehicle as defined by V.T.C.A., Transportation Code § 541.201 et seq.

National Flood Insurance Act means 42 USC 4001 et seq.

Natural resources means land, fish, wildlife, insects, biota, air, surface water, groundwater, plants, trees, habitats of flora and fauna, and other such resources.

Non-exempt pipeline means any pipeline other than those subject to the exemption in 31 Tex. Admin. Code § 15.3(s)(2)(A).

Open Beaches Act means V.T.C.A., Natural Resources Code ch. 61.

Person means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, the United States government, a state, a municipality, commission, political subdivision, or any international or interstate body or any other governmental entity.

Pipeline means a tube or system of tubes used for the transportation of oil, gas, chemicals, fuels, water, sewage, or other liquid, semi-liquid, or gaseous substances.

Practicable. In determining what is practicable, the town council shall consider the effectiveness, scientific feasibility, and commercial availability of the technology or technique. The town council shall also consider the cost of the technology or technique.

Production and gathering facilities means the equipment used to recover and move oil or gas from a well to a main pipeline or other point of delivery, such as a tank battery, and to place such oil or gas into marketable condition. The term "production and gathering facilities" includes pipelines used as gathering lines, pumps, tanks, separators, compressors, and associated equipment and roads.

Public beach has the meaning as defined in the V.T.C.A., Natural Resources Code § 61.013(c).

Recreational activity includes, but is not limited to, hiking, sunbathing, and camping for less than 21 days. For the purposes of permits, recreational activities are limited to the private activities of the person owning the land and the social guests of the owner. The operation of recreational vehicles is not considered a recreational activity, whether private or public.

Recreational vehicle means a dune buggy, marsh buggy, minibike, trail bike, jeep, or any other mechanized vehicle used for recreational purposes.

Restoration means the process of constructing man-made vegetated mounds, repairing damaged dunes, or vegetating existing dunes.

Retaining wall means a structure designed primarily to contain material and to prevent the sliding of land.

Sand budget means the amount of all sources of sediment, sediment traps, and transport of sediment within a defined area. From the sand budget, it is possible to determine whether sediment gains and losses are in balance.

Seawall means an erosion response structure that is specifically designed to withstand wave forces.

Seaward of a dune protection line means the area between a dune protection line and the line of mean high tide.

Structure includes, without limitation, any building or combination of related components constructed in an ordered scheme that constitutes a work or improvement constructed on or affixed to land.

Swales means low areas within a dune complex located in some portions of the state's coast which function as natural rainwater collection areas and are an integral part of the dune complex.

Washover areas means low areas that are adjacent to beaches and are inundated by waves and storm tides from the Gulf of Mexico. Washovers may be found in abandoned tidal channels or where foredunes are poorly developed or breached by storm tides and wind erosion.

(Ord. No. 1993-07, § 1, 8-11-1993)