Brazoria County, TX Website Header image
File #: 15156    Version: 1
Type: Consent Agenda - Flood Plain Status: Adopted
File created: 11/28/2023 In control: Commissioners Court
On agenda: 12/12/2023 Final action: 12/12/2023
Title: Beachfront Construction Permit - 4394 Bluewater Highway (CR 257), Freeport (Treasure Island), Abstract 29 S.F. Austin Lot 2, Block 1, San Luis Beach (Precinct 1)
Indexes: Construction Projects
Attachments: 1. 4394 Bluewater Highway CR 257

title

Beachfront Construction Permit - 4394 Bluewater Highway (CR 257), Freeport (Treasure Island), Abstract 29 S.F. Austin Lot 2, Block 1, San Luis Beach (Precinct 1)

end

body

The Brazoria County Flood Plain recommends that permission be granted for the beachfront construction and dune protection of a single-family residence with fibercrete partially beneath habitable structure, a crushed concrete driveway, a wooden staircase landing, and install a septic system. The footprint does not include incidental projecting eaves, uncovered decks, or uncovered stairs. The proposed construction is more than 200 feet landward of the line of vegetation, which is the seaward side of the rock revetment in this area. According to the Bureau of Economic Geology, the area is eroding at a rate of three to four feet per year.

Based on the information provided the following recommendations are made:

1)                     Cisterns, septic tanks, and septic fields are prohibited from being constructed seaward of any structure serviced by the cisterns, septic tanks, and septic fields. The revised septic system plan appears to comply with this requirement.

 

2)                     The applicant proposed to construct a habitable structure seaward of the Building Setback Line, which is prohibited without an exemption from Brazoria County. To qualify for an exemption, the applicant must demonstrate to the satisfaction of the County that no practicable alternatives to construct seaward of the Building Setback Line exist. In this instance, practicable means available and capable of being done after taking into consideration existing building practices, site alternatives, and the footprint of the structure in relation to the area of the buildable portion of the lot, and considering the overall development scheme for the property.

 

3)                     The County must ensure the proposed construction is consistent with the FEMA-approved county commissioners’ court order.

 

4)                     The County may only permit the applicant to construct an enclosure beneath the habitable structure if the walls are breakaway and the construction is consistent with the requirements of the National Flood Insurance Program. The County must limit the area of enclosures below BFE to 299 square feet and must ensure the enclosure is designed to minimize impacts to hydrology.

 

5)                     Should there be a change in project design, construction materials, or construction methods or in the condition of the construction site after the permit has been issued, the County shall require the permittee to apply for a new or amended permit or certificate.

 

6)                     Since the proposed construction is located in an eroding area more than 200 feet landward of the line of vegetation, the permittee may only pave or alter only the ground within the footprint of the habitable structure. The area beneath uncovered decks and stairs may not be paved.

 

7)                     In the area within 200 feet of line of vegetation, paving used under the habitable structure and for a driveway connecting the habitable structure and the street is limited to the use of unreinforced fibercrete in 4-foot by 4-foot sections, 4-inch thick, separated by expansion joints, or pervious materials. Paving areas beneath uncovered decks and stairs is prohibited. Permeable materials such as wooden platform for a landing at the bottom of the stairs as proposed is permissible.

 

8)                     Paving or altering the ground below the lowest habitable floor is prohibited in the area between the line of vegetation and 25 feet landward of the north toe of the dunes is prohibited.

 

Please be advised that the line of vegetation is dynamic. Structure may not encroach on the public beach. If the structure becomes located seaward of the line of vegetation because of loss of elevation, the structure may be allowed to remain in place if it does not significantly interfere with public access to the beach or present a public health and safety Structures located seaward of the line of vegetation and landward of the line of mean high tide will periodically be reassessed on a case-by-case basis, and owners may be allowed to make certain repairs under the Beach/Dune Rules and local government plans.

Further, that a certified copy of this order be returned to the Flood Plain Administrator.