Emergency rules from the General Land Office concerning “Emergency Provisions for Stabilization and Repair of Damaged Habitable Structures,” were published in the September 22nd Texas Register. This rule applies to local governments with authority to issue beachfront construction certificates and dune protection permits in Nueces County, Matagorda County, Brazoria County and Galveston County, Texas. These jurisdictions have areas where habitable structures are in need of emergency stabilization and repair and where emergency hazard mitigation measures are needed to reestablish the protective barrier provided by the beach and natural dunes damaged or destroyed by storm tidal surges and overwash.
These emergency rules are adopted on an emergency basis due to the imminent peril to public health, safety, and welfare represented by the damage to structures and protective barriers caused by high winds, storm surge, high tides, and erosion resulting from Hurricane Harvey. The General Land Office has determined it is necessary to adopt emergency rules that allow immediate stabilization and repair of habitable structures by providing for temporary suspension of certain beachfront construction certificate and dune protection permit application and permitting requirements to enable the implementation of emergency stabilization and repair techniques and methods as well as other hazard mitigation measures. These emergency rules will enable local governments to permit immediate stabilization and repair of habitable structures and authorize the restoration of dunes in jurisdictions impacted by Hurricane Harvey. The emergency rules shall be effective for 120 days from the date of filing with the Office of the Secretary of State and may be extended once by the Land Commissioner for not longer than 60 days as necessary to protect public health, safety, and welfare. More details can be found in the September 22nd Texas Register.
