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Beachfront Construction Permit - 10162 Bluewater Hwy (CR 257), Freeport San Luis Beach, Abstract 29 S.F. Austin Section 2, Lot 4A (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 proposed construction is located within 200 feet landward of the line of vegetation. According to the Bureau of Economic Geology, the area is eroding at a rate of seven to eight 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 proposes 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 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) Construction Requirements
Fibercrete as proposed is prohibited. Based on the photographs included in the application materials, there are currently no dunes on site and the applicant proposes to use unreinforced fibercrete within 100 feet of the line of vegetation, which does not comply with Brazoria County’s Dune Protection and Beach Access Plan and 31 Tex. Admin. Code § 15.6(f)(5). Where no dunes exist, the placement of unreinforced fibercrete may only be located at least 100 feet landward of the line of vegetation.1 Gravel or crushed limestone may be used to construct driveways and parking areas in the area 50 feet landward of the line of vegetation to the Dune Protection Line.
7) After dunes are effectively restored on site, paving or altering the ground between the line of vegetation and 25 feet landward toe of the restored dune is prohibited.3 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.4 Paving areas beneath uncovered stairs is prohibited. The applicant must provide photographs to the County and the GLO demonstrating the dunes have been effectively restored on site prior to placing unreinforced fibercrete in the area within 100 feet landward of the line of vegetation. GLO will make the final determination on if dunes have been restored.
8) The County must ensure the proposed construction is located as far landward as is practicable.
9) 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.
10) Dune Restoration
Fine, clayey, or silty sediments may not be used to restore dunes. Only sand of similar grain size and mineralogy as the surrounding beach may be used to restore dunes.The applicant is prohibited from using sand obtained by scraping or grading dunes or the beach to restore dunes. Only indigenous vegetation that will achieve the same protective capability or greater capability as the vegetation on surrounding natural dunes may be used to restore dunes. 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 may not be.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. The beach-quality sand that will be placed on site to restore dunes must mimic natural dunes and should be shaped to replicate the proposed contours of the dune restoration area on the latest survey revised on June 18, 2024.
11) Erosion Response Plan
The applicant proposes to construct the 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 construction seaward of the Building Setback Line exist.
Please be advised 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 the line 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 may take action to remove the structure.
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 may act to remove the structure.
Further, that a certified copy of this order be returned to the Flood Plain Administrator.