Texas Open Beaches Act

Last updated

The Texas Open Beaches Act is a U.S. state of Texas law, passed in 1959 and amended in 1991, which guarantees free public access to beaches on the Gulf of Mexico:

Contents

The public... shall have the free and unrestricted right of ingress and egress to and from the state-owned beaches bordering on the seaward shore of the Gulf of Mexico ... extending from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico. [1]

After major storms, Texas GLO guidelines indicate that beachfront residents may not rebuild their homes due to the act [2] such as some Galveston homes affected by Hurricane Alicia in 1983. Additionally, repairs may only be made in certain circumstances, and then only on structures above the mean high-tide line. [3]

Ongoing litigation continues to clarify the effect of the act on beachfront property owners. The Texas Supreme Court has made it clear that once acquired, public easements do not "roll" when the mean high-tide line changes due to an avulsive event such as a hurricane. [4] The state will own the "wet beach" (any land seaward of the mean-high-tide line), but the "dry beach" (beach that is landward of the mean-high-tide line, but seaward of the vegetation line) may be privately owned, regardless of any pre-existing easements on the beach prior to the avulsive event. However, an easement will "roll" with the vegetation line as long as its movement is gradual/natural and not caused by an avulsive event like a hurricane. Some[ who? ] have criticized the court's decision based on the fact that hurricanes result in "natural" erosion;[ citation needed ] critics argue that the distinction between what is "avulsive" and what is "gradual" is unclear.[ citation needed ]

See also

Related Research Articles

<span class="mw-page-title-main">Gulf Coast of the United States</span> Coastline in the United States

The Gulf Coast of the United States, also known as the Gulf South, is the coastline along the Southern United States where they meet the Gulf of Mexico. The coastal states that have a shoreline on the Gulf of Mexico are Texas, Louisiana, Mississippi, Alabama, and Florida, and these are known as the Gulf States.

Beach Area of loose particles at the edge of the sea or other body of water

A beach is a landform alongside a body of water which consists of loose particles. The particles composing a beach are typically made from rock, such as sand, gravel, shingle, pebbles, etc., or biological sources, such as mollusc shells or coralline algae. Sediments settle in different densities and structures, depending on the local wave action and weather, creating different textures, colors and gradients or layers of material.

Padre Island National Seashore

Padre Island National Seashore (PAIS) is a national seashore located on Padre Island off the coast of South Texas. In contrast to South Padre Island, known for its beaches and vacationing college students, PINS is located on North Padre Island and consists of a long beach where nature is preserved.

Grand Isle, Louisiana Town in Louisiana, United States

Grand Isle is a town in Jefferson Parish in the U.S. state of Louisiana, located on a barrier island of the same name in the Gulf of Mexico. The island is at the mouth of Barataria Bay where it meets the gulf. The town of Grand Isle is statistically part of the New Orleans−Metairie−Kenner metropolitan statistical area, though it is not connected to New Orleans' continuous urbanized area.

<span class="mw-page-title-main">Biloxi, Mississippi</span> City in Mississippi, United States

Biloxi is a city in and one of two county seats of Harrison County, Mississippi, United States. The 2010 United States Census recorded the population as 44,054 and in 2019 the estimated population was 46,212. The area's first European settlers were French colonists.

<span class="mw-page-title-main">Hurricane Celia</span> Category 4 Atlantic hurricane in 1970

Hurricane Celia was the costliest tropical cyclone in Texas history until Hurricane Alicia in 1983. The third named storm, second hurricane, and first major hurricane of the 1970 Atlantic hurricane season, Celia developed from a tropical wave in the western Caribbean Sea on July 31. Initially, the depression tracked north-northwestward without significantly strengthening, and crossed over western Cuba on August 1. Heavy rains on the island caused severe flooding, leading to five fatalities. The depression entered the Gulf of Mexico and was upgraded to Tropical Storm Celia later on August 1. Due to warm sea surface temperatures, Celia rapidly intensified into a major hurricane on August 1 and after the creation of the Saffir–Simpson hurricane wind scale in 1971 it was estimated to have been a Category 3 storm. Storm surge and swells lashed the west coast of Florida, especially the Panhandle, causing eight people to drown. Early on August 2, Celia began to weaken. However, the storm underwent rapid deepening again and peaked as a Category 4 hurricane with winds of 140 mph (220 km/h) on August 3.

Rollover Pass, also called Rollover Fish Pass, WAS a strait that linked Rollover Bay and East Bay with the Gulf of Mexico in extreme southeastern Galveston County. It has been closed by filling it in with dirt. You can see the actual view of the site by webcam at https://www.bolivarpeninsulatexas.com/Webcams/Rollover-Pass. Rollover Pass was opened in 1955 by the Texas Game and Fish Commission to improve local fishing conditions. Seawater was introduced into East Bay to promote vegetation growth, and to provide access for marine fish to spawn and feed. The name came from the days of Spanish rule, when barrels of merchandise would be rolled over that part of the peninsula to avoid excise tax. The Pass is about 1600 feet long and 200 feet wide.

<span class="mw-page-title-main">Galveston Seawall</span> United States historic place

The Galveston Seawall is a seawall in Galveston, Texas, that was built after the Galveston hurricane of 1900 for protection from future hurricanes. Construction began in September 1902, and the initial segment was completed on July 29, 1904. From 1904 to 1963, the seawall was extended from 3.3 miles (5.3 km) to over 10 miles (16 km).

Hurricane Claudette (2003) Category 1 Atlantic hurricane

Hurricane Claudette was a moderately strong tropical cyclone that struck South Texas in July 2003. A fairly long-lived July Atlantic hurricane, Claudette was the fourth depression, third tropical storm and first hurricane of the 2003 Atlantic hurricane season. Claudette began as a tropical wave in the eastern Caribbean. It moved quickly westward, brushing past the Yucatán Peninsula before moving northwestward through the Gulf of Mexico. Claudette remained a tropical storm until just before making landfall in Port O'Connor, Texas, when it quickly strengthened to a strong Category 1 hurricane on the Saffir-Simpson Hurricane Scale. Forecasting of its path and intensity was uncertain throughout its lifetime, resulting in widespread and often unnecessary preparations along its path.

Tropical Storm Fay (2002) Atlantic tropical storm in 2002

Tropical Storm Fay was the sixth named storm of the 2002 Atlantic hurricane season; it was a moderate tropical storm which caused flooding in parts of Texas and Northern Mexico. It formed from a trough of low pressure that moved south into the Gulf of Mexico, and became stationary. A low pressure center developed along this trough, and on September 5, a Hurricane Hunter aircraft reported that the system had gained sufficient organization to be classified a tropical depression, 95 miles (153 km) southeast of Galveston. The depression drifted south-southwest while strengthening, reaching its peak strength of 60 miles per hour (97 km/h) on the morning of September 6. The system then made an abrupt turn to the west-northwest, and remained steady in strength and course until landfall the next day, near Matagorda. The system weakened rapidly after landfall degenerating into a remnant low on September 8, but the storm's circulation survived for another three days.

Gilchrist, Texas

Gilchrist, Texas is an unincorporated residential community and beachfront resort along State Highway 87, located seventeen miles east of Bolivar Point in the Bolivar Peninsula census-designated place, in Galveston County, Texas, United States.

<span class="mw-page-title-main">Hurricane Flossy (1956)</span> Category 1 Atlantic hurricane in 1956

Hurricane Flossy originated from a tropical disturbance in the eastern Pacific Ocean and moved across Central America into the Gulf of Mexico as a tropical depression on September 21, 1956, which became a tropical storm on September 22 and a hurricane on September 23. The hurricane peaked with maximum sustained winds of 90 mph (150 km/h) before it struck the central Gulf coast of the United States as a Category 1 hurricane on September 24, and evolved into an extratropical cyclone on September 25. It was the first hurricane to affect oil refining in the Gulf of Mexico. The tropical cyclone led to flooding in New Orleans, and broke a drought across the eastern United States. The death toll was 15, and total damages reached $24.8 million (1956 USD).

Outer Continental Shelf Maritime U.S. federal zone of jurisdiction beyond the jurisdiction of the individual states

The Outer Continental Shelf (OCS) is a feature of the geography of the United States. The OCS is the part of the internationally recognized continental shelf of the United States which does not fall under the jurisdictions of the individual U.S. states.

Breton National Wildlife Refuge

Breton National Wildlife Refuge is located in southeastern Louisiana in the offshore Breton Islands and Chandeleur Islands. It is located in the Gulf of Mexico and is accessible only by boat. The refuge was established in 1904 through executive order of President Theodore Roosevelt and is the second-oldest refuge in the National Wildlife Refuge System.

<span class="mw-page-title-main">Effects of Hurricane Ike in Texas</span>

The effects of Hurricane Ike in Texas were crippling and long-lasting. Ike's effects included deaths, widespread damage, and impacts to the price and availability of oil and gas. Hurricane Ike also had a long-term impact on the U.S. economy. Making landfall over Galveston, at 2:10 a.m. CDT on September 13, 2008, Category 2 Hurricane Ike caused extensive damage in Texas, with sustained winds of 110 mph (175 km/h), a 22 ft storm surge, and widespread coastal flooding.

The Oregon Beach Bill was a piece of landmark legislation in the U.S. state of Oregon, passed by the 1967 session of the Oregon Legislature. It established public ownership of land along the Oregon Coast from the water up to sixteen vertical feet above the low tide mark.

Natural Bridges State Marine Reserve Marine protected area immediately west of Natural Bridges State Beach in Santa Cruz, California

Natural Bridges State Marine Reserve (SMR) is a marine protected area located at the northern edge of Santa Cruz, California, approximately 75 miles (121 km) south of San Francisco. The SMR covers 0.58 square miles (1.5 km2). The SMR protects all marine life within its boundaries. Fishing or other removal of any living marine resource is prohibited.

In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court reviewed a regulation under which the California Coastal Commission required that an offer to dedicate a lateral public easement along the Nollans' beachfront lot be recorded on the chain of title to the property as a condition of approval of a permit to demolish an existing bungalow and replace it with a three-bedroom house. The Coastal Commission had asserted that the public-easement condition was imposed to promote the legitimate state interest of diminishing the "blockage of the view of the ocean" caused by construction of the larger house. The Court held that in evaluating such claims, it must be determined whether an "essential nexus" exists between a legitimate state interest and the permit condition.

<span class="mw-page-title-main">Tropical Storm Brenda (1960)</span> Atlantic tropical cyclone

Tropical Storm Brenda was the second named storm of the 1960 Atlantic hurricane season. It developed in the northeastern Gulf of Mexico on July 28, and after moving ashore over the Florida Peninsula, it attained tropical storm status. It accelerated northeast along the U.S. East Coast, ultimately peaking as a moderate storm with winds of 60 mph (97 km/h) before crossing the Mid-Atlantic states and New England; it dissipated on July 31 over southern Canada. It inflicted moderate damage in Florida, the worst since Hurricane Easy of 1950, and dropped heavy rainfall as far north as New York City. Its total damage was estimated at US$5 million, and only indirect deaths were blamed on it.

<span class="mw-page-title-main">1933 Florida–Mexico hurricane</span> Category 1 Atlantic hurricane in 1933

The 1933 Florida–Mexico hurricane was the first of two Atlantic hurricanes to strike the Treasure Coast region of Florida in the very active 1933 Atlantic hurricane season. It was one of two storms that year to inflict hurricane-force winds over South Texas, causing significant damage there; the other occurred in early September. The fifth tropical cyclone of the year, it formed east of the Lesser Antilles on July 24, rapidly strengthening as it moved west-northwest. As it passed over the islands, it attained hurricane status on July 26, producing heavy rains and killing at least six people. Over the next three days, it moved north of the Caribbean, paralleling the Turks and Caicos Islands and the Bahamas. The storm produced extensive damage and at least one drowning as it crossed the Bahamas. On July 29, the cyclone came under the influence of changing steering currents in the atmosphere, which forced the storm into Florida near Hobe Sound a day later. A minimal hurricane at landfall, it caused negligible wind damage as it crossed Florida, but generated heavy rains along its path, causing locally severe flooding. The storm turned west, weakened to below hurricane status, and later exited the state north of Charlotte Harbor on July 31.

References

  1. "Texas Natural Resources Code: Title 2: Subtitle E; Chapter 61: SUBCHAPTER B. ACCESS TO PUBLIC BEACHES". Statutes, The State of Texas. Retrieved 2011-09-29.
  2. "Texas Open Beaches Enforcement Policy". General Land Office, State of Texas. September 18, 2008. Archived from the original on November 1, 2011. Retrieved 2011-09-29.
  3. "Texas Administrative Code: RULE §15.11 Repairs to Certain Houses Located Seaward of the Boundary of the Public Beach". Texas Secretary of State. 2006-08-30. Retrieved 2011-09-29.
  4. Severance v. Patterson,54Tex. Sup. J.172(Tex.2010).