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Beachfront Construction Permit - 8012 Bluewater Hwy, Freeport (Treasure Island), Abstract 29 S.F. Austin Lot 14, Blk 4, San Luis Beach (Precinct 1)
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The Brazoria County Flood Plain recommends that permission be granted for the beachfront construction and dune protection of a single-family residence with fibercrete paving beneath the habitable structure, a crushed concrete driveway, and a septic system. The applicant also proposes to restore dunes using beach-quality sand from off-site and dune vegetation. The proposed single-family residence is more than 200 feet landward of the line of vegetation. According to the Bureau of Economic Geology, the area is eroding at a rate of two to three 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. As proposed, the 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.
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) Paving or altering the ground below the lowest habitable floor between the line of vegetation and 25 feet landward of the north toe of the dune is prohibited.
7) In the area 25 feet landward of the north toe of the dunes to 200 feet landward of the 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-inches thick, separated by expansion joints, or pervious materials.7 Paving areas beneath uncovered decks and stairs is prohibited.
8) Fine, clayey, or silty sediments may not be used to restore dunes.1 Only sand of similar grain size and mineralogy as the surrounding beach may be used to restore dunes.
9) The applicant is prohibited from using sand obtained by scraping or grading dunes or the beach to restore dunes.
10) The applicant must restore or repair dunes using indigenous vegetation that will achieve the same protective capability or greater capability as the vegetation on surrounding natural dunes.4 If vegetation from off-site is needed, indigenous dune vegetation species such as bitter panicum, sea oats, and salt meadow cordgrass would be permissible. Coastal bermudagrass is not an indigenous dune vegetation species and should not be planted on the restored dunes.
11) The dunes must be restored to be continuous with any surrounding naturally formed dunes and must approximate the natural position, contour, volume, elevation, vegetative cover, and sediment content of any naturally formed dunes in the restoration area.5 The beach-quality sand that will be placed on site to restore dunes should be shaped to replicate the proposed contours of the dune restoration area on the grading plan.
12) The applicant should direct all stormwater inland away from the critical dune area and public beach. The County shall not issue a certificate or permit authorizing construction unless the construction activities will minimize impacts on natural hydrology and will not cause erosion of adjacent properties, critical dune areas or the public beach.
Please be advised that structures 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 risk. Structures located seaward of the line of vegetation and landward of mean high tide may be allowed to make certain repairs under the Beach/Dune rules and local government plans.
If any part of a structure comes to be located seaward of the line of mean high tide, it becomes an unauthorized structure on state-owned land. Repairs are prohibited and the state must take action to remove the structure.
Further, that a certified copy of this order be returned to the Flood Plain Administrator.