TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 1. GENERAL LAND OFFICE

CHAPTER 15. COASTAL AREA PLANNING

SUBCHAPTER A. MANAGEMENT OF THE BEACH/DUNE SYSTEM

The General Land Office (GLO) proposes new 31 Texas Administrative Code (TAC) §15.38 relating to certification status of the Dune Protection and Beach Access Plan (Plan) for the City of Starbase, Texas (City). The GLO has reviewed the City's Plan and Erosion Response Plan (ERP), which is included as an appendix in the Plan, and has determined that the Plan and ERP both comply with state law.

The GLO proposes new 31 TAC §15.38 to certify the proposed Plan as consistent with state law. Copies of the City's proposed Plan can be obtained by contacting the GLO or the City of Starbase.

BACKGROUND OF THE PROPOSED PLAN

Pursuant to the Open Beaches Act (OBA), Texas Natural Resources Code (Tex. Nat. Res. Code) Chapter 61, the Dune Protection Act (DPA), Tex. Nat. Res. Code Chapter 63, Tex. Nat. Res. Code § 33.607, and 31 TAC §§15.3, 15.7, and 15.17, each local government with ordinance authority over construction adjacent to public beaches is required to adopt a plan for preserving and enhancing access to and use of public beaches and dune protection within the jurisdiction of the local government and submit its plan to the GLO for certification. If appropriate, the GLO will certify that the plan or ERP as consistent with state law by adoption or amendment of a rule, as authorized in Tex. Nat. Res. Code §§ 61.011(d)(5), 61.015(b), and 63.121. The certification by rule reflects the State's certification of the plan; however, the text of the plan is not adopted by the GLO, as explained in 31 TAC §15.3(o)(4).

The DPA and 31 TAC §15.3 provide that a county may allow a municipality within the county to administer the DPA within its corporate limits and extraterritorial jurisdiction. Each municipality administering the DPA is required to establish a dune protection line and dune protection plan with procedures and requirements governing the review and approval of dune permits.

On May 3, 2025 residents of Cameron County (County) voted to incorporate Starbase as a Type C municipality within the State of Texas. Thereafter, on September 17th, 2025 the City passed Resolution No. 2025-09-17-D03-RE requesting that the County delegate authority to administer the DPA, to the City. On September 23rd, 2025 the County delegated the authority to administer the DPA to the City through Cameron County Commissioners Court Order No. 2025O09098.

On September 25th, 2025, the Starbase City Commission passed Ordinance No. 2025-09-25-F01-OR, adopting the City's Plan and ERP. The City provided public notice of the hearing on the proposed Plan and ERP and establishment of the dune protection line through publication in the Brownsville Herald on September 3rd, September 6th, and September 10th, 2025 in accordance with Tex. Nat. Res. Code § 63.013 and 31 TAC §15.3(l) and §15.17(c). On September 26th, 2025 the City submitted the proposed Plan and ERP to the GLO for certification.

ANALYSIS OF PROPOSED PLAN AND GLO'S PROPOSED 31 TAC §15.38

The City's Plan establishes the dune protection line at 1,000 feet landward of mean high tide, at the maximum extent of a local government's jurisdiction for establishing dune protection lines. The Plan also establishes procedures and requirements for dune protection permits seaward of the dune protection line and beachfront construction certificates within 1,000 feet landward of mean high tide or seaward of the first public road, whichever is greater, consistent with 31 TAC Chapter 15.

The City's Plan establishes an eroding area boundary in accordance with 31 TAC §15.2(32) at whichever distance landward of the line of vegetation is greater: 200 feet, or the distance determined by multiplying 50 years by the annual historical erosion rate (based on the most recent GLO approved data published by the University of Texas at Austin, Bureau of Economic Geology). All areas seaward of the eroding area boundary are considered an eroding area under the Plan and all applicable eroding area standards apply in that area.

The City's Plan prohibits the use of impervious surfaces seaward of the eroding area boundary in accordance with 31 TAC §15.6(f). Impervious surfaces may be used landward of the eroding area boundary, except where they would cause ponding, channeling or dune destabilization or where they would materially weaken dunes or materially damage dune vegetation. The allowance of impervious surfaces landward of the eroding area boundary complies with 31 TAC §15.6(f) since the Plan establishes eroding areas as the areas seaward of the eroding area boundary.

The City's ERP establishes a building setback line coextensive with the eroding area boundary. Except for construction of public amenities and beach access improvements, the City's Plan and ERP prohibit the construction, placement, or maintenance of a permanent structure seaward of the eroding area boundary and building setback line, unless a property owner qualifies for an exemption by demonstrating that there are no practicable alternatives to construction seaward of the eroding area boundary or building setback line.

The City's Plan and ERP provide stricter construction requirements for exempt properties. All exempt construction must provide plans and certifications for the structure by a registered professional engineer licensed in the State of Texas demonstrating a minimum two-foot freeboard above base flood elevation (BFE), no enclosures below BFE, feasible relocation of the habitable structure, compliance with the specifications in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24-05, and that construction is designed to minimize impacts on natural hydrology. Construction should also be located landward of the toe of the foredune ridge, where practicable.

The Plan's prohibition on construction of new structures and impervious surfaces seaward of the eroding area boundary and building setback line provides increased protection for areas at higher risk of damage from flooding and erosion and reduces the risk of public expenditures for erosion and storm damage losses to public and private property. These restrictions also promote a continuous critical dune area that will help provide protection from erosion and storms and provides a vegetative buffer between development and the beach.

Pursuant to the enrollment of House Bill 5246, the 89th Legislature amended Tex. Govt. Code § 482.107(8), effective September 1, 2025 to allow the Texas Space Commission (Space Commission) to issue an order, subject to the approval of the municipality's governing body, to temporarily close a highway, venue, or "Gulf Beach" as specified by Tex. Nat. Res. Code §33.203(11), which includes areas of Boca Chica beach.

On September 23, 2025 the Space Commission, pursuant to new Tex. Gov't Code § 482.107(a)(8), issued standing Order No. 2025-01 authorizing the City to temporarily close a highway as defined by Tex. Transp. Code § 221.001, or the "Gulf Beach" during space flight activities. Such temporary closures are necessary to safeguard public safety and operational security in furtherance of state aerospace policy and will be issued only as necessary consistent with the requirements in 43 Tex. Admin. Code § 22.12. The City shall ensure that a safety zone perimeter is established in coordination with law enforcement and entities conducting space flight activities. The Order ensures the following dates remain available to the public for recreational use and will not be subject to any access limitations:

1) the Saturday or Sunday preceding Memorial Day;

2) Memorial Day;

3) July 4;

4) a Saturday or Sunday preceding Labor Day; or

5) Labor Day.

In addition to the authority to close the Gulf Beach under the Space Commission Order, the City, pursuant to 31 TAC §15.7, is authorized to close the public beach in cases of emergencies related to public health and safety and must notify the GLO as soon as practicable upon the closure and reopening of the beach. Such emergency closures must be minimized in scope and duration.

The City's Plan follows additional closure related provisions that are more protective of the public's access and use of the beach than the limitations on access restrictions outlined in the Space Commission's Order. These additional provisions in the proposed Plan are consistent with the access requirements related to spaceflight activities included in the Mitigated Finding of No Significant Impact and Record of Decision for the Final Tiered Environmental Assessment (Mitigated FONSI/ROD), issued by the Federal Aviation Administration on April 24, 2025.

The Mitigated FONSI/ROD states that there shall be no State Highway 4 access restrictions on the following:

1.) Memorial Day

a.) Memorial Day to Labor Day (the times of greatest visitor beach uses and enjoyment), no Weekend Access Restrictions from Friday at 6:00 a.m. through Sunday.

b.) Road access restrictions for any space flight activities would occur from Monday through Friday at 6:00 a.m. This predictive schedule ensures the public access to all open areas of the Laguna Atascosa National Wildlife Refuge (e.g., Boca Chica Beach) from Friday at 6:00 a.m. through Sunday from Memorial Day through Labor Day.

c.) When a space flight activity requires at least one road access restriction between Fridays at 6:00 a.m. and Sundays from Memorial Day to Labor Day, or on weekends from the day after Labor Day to the day before Memorial Day, it is considered a "Weekend Access Restriction."

d.) Weekend Access Restrictions may be requested up to five times per calendar year;

2.) Labor Day

a.) From the day after Labor Day to the day before Memorial Day (throughout the winter months), no Weekend Access Restrictions on Saturday or Sunday;

3) July 4th;

4) Martin Luther King Jr. Day;

5) Presidents' Day;

6) Texas Independence Day;

7) Cesar Chavez Day;

8) Emancipation Day in Texas (also referred to as Juneteenth);

9) Veteran's Day;

10) Good Friday;

11) Easter;

12) Father's Day;

13) Mother's Day;

14) Thanksgiving Day, no access restrictions shall be permitted from Thanksgiving Day through the Sunday immediately following Thanksgiving;

15) Christmas Day; and

16) New Year's Day ("Holidays").

If any Holiday falls on a Monday or Friday, no Weekend Access Restrictions shall be permitted.

In accordance with the April 24, 2025 Mitigated FONSI/ROD, to reduce impacts to recreational users the City shall provide forty-eight (48) hours notice of any road and beach closure through its official website: www.starbase.texas.gov/.

A copy of the Final Tiered EA may also be obtained from the FAA's website: www.faa.gov/space/stakeholder_engagement/spacex_starship.

If a future FAA Mitigated FONSI/ROD modifies the dates of public beach access closures, increases the duration or total number of hours of closures in excess of the 2025 Mitigated FONSI/ROD, or changes the public notice process, express written GLO approval will be required prior to implementation by the City.

The City's proposed Plan does not add any additional access restrictions to the public beach from what is currently being enforced by the County as set forth in the County's Dune Protection and Beach Access Plan.

FISCAL AND EMPLOYMENT IMPACTS

Ms. Angela Sunley, Deputy Director for the GLO's Coastal Resources Division, has determined that for each year of the first five years the rule as proposed is in effect, there will be minimal, if any, fiscal implications to the state government as a result of enforcing or administering the rules.

Ms. Sunley has determined that there may be fiscal implications to the local government associated with the enforcing or administering the Plan and ERP. However, these fiscal impacts cannot be estimated with certainty at this time. The fiscal impacts associated with issuing and enforcing beachfront construction certificates and dune protection permits are dependent on the rate of construction occurring within the jurisdictional area subject to the Plan and the number of permit applications received and issued by the local government. The fiscal implications of enforcing beach and dune regulations related to construction will be dependent on the schedule and methods by which the local government monitors for violations and the frequency at which violations occur.

There may also be fiscal implications to the local government associated with conducting beach maintenance activities within the jurisdiction of the local government, which will depend on the frequency of needed trash collection and beach raking activities and may vary seasonally or during times of increased seaweed inundation.

Ms. Sunley has determined that the proposed rule will have minimal, if any, fiscal implications for businesses or individuals. The estimated cost of compliance is expected to be minimal, based on the cost of providing the information required for a beachfront construction certificate and dune protection permit. The application information required under the Plan mirrors the existing requirements in 31 TAC Chapter 15 and the preexisting application requirements under Cameron County's Dune Protection and Beach Access Plan, which were applicable to this geographic area prior to the adoption of the City's Plan.

Ms. Sunley also believes that the costs of compliance with the ERP for businesses and individuals will be offset by the reduction in losses to businesses and individuals due to storm damage. Implementation of the ERP will preserve beach dunes and delay erosion by reducing the intensity of storm surge. Additionally, the enhanced dune restoration and construction standards will result in increased protection for structures which are located landward of the dune protection line.

The proposed rulemaking will have no adverse impact on local employment, and no impact statement is required pursuant to Texas Government Code § 2001.022.

The proposed rulemaking will not incur any additional or new fiscal impacts as the only change related to any fiscal implications is the name of the entity being regulated is changing from Cameron County to the City of Starbase.

PUBLIC BENEFIT

Ms. Sunley has determined that the public will benefit from the proposed Plan and ERP by having guaranteed limitations on the restrictions to access and use of the public beach, protecting the City and individuals from flood losses, assuring the integrity of the beach/dune system is maintained and enhanced while recognizing landowners' private property rights, and affording mitigating options to landowners that would protect dunes, while not unreasonably restricting private land use.

The City is proposing to establish a building setback line that is 200 feet landward of the line of vegetation or a distance 50 times the historical annual eroding rate as published by the Bureau of Economic Geology, whichever is greater. Under the City's Plan and ERP, landowners are able to obtain an exemption from the prohibition on construction seaward of the building setback line if there are no practicable alternatives to construction in that area, and by adhering to stricter construction requirements. By encouraging the placement of structures further landward, there will be a reduction in the hazards created by buildings that are subjected to storm surge and a reduction in the vulnerability of buildings to storm tide and erosion. The public will also benefit from the construction standards applied to properties that are exempted from the prohibition on construction seaward of the building setback line and eroding area boundary.

The ERP also includes target dimensions for restored or enhanced critical front row dunes and identifies priority dune restoration sites. Promoting a more consistent foredune system will provide a natural buffer from storm events and erosion, which helps protect property from storm damage and helps reduce public expenses for disaster relief. Identifying priority dune restoration sites will also help the City and landowners in focusing mitigation and restoration effects in areas that are more vulnerable to storm inundation.

ENVIRONMENTAL REGULATORY ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code § 2001.0225 and determined that the action is not subject to § 2001.0225, because it does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The proposed new rule is not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The new rule is proposed under Tex. Nat. Res. Code §§ 33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to use and access public beaches and to certify local government beach access and use plans as consistent with state law. The proposed new rule does not exceed federal or state requirements.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the proposed rulemaking in accordance with Texas Government Code §2007.043(b) and the Attorney General's Private Real Property Rights Preservation Act Guidelines to determine whether a detailed takings impact assessment is required. The GLO has determined that the proposed new rule does not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Article I, §§ 17 and 19 of the Texas Constitution. The GLO has also determined that the proposed rulemaking would not affect any private real property in a manner that restricts or limits the owner's right to property or use of that property.

The Plan and ERP establish a process by which an exemption from the prohibition on construction seaward of the building setback line or eroding area boundary may be issued for properties for which the owner has demonstrated that no practicable alternative to construction seaward of the eroding area boundary or building setback line exists. The definition of the term "practicable" in 31 TAC §15.2 allows a local government to consider the cost of implementing a technique such as the setback provision in determining whether it is "practicable" in a particular application for development. In applying its regulation, the City will determine on a case-by-case basis to permit construction of structures in the area seaward of the eroding area boundary and building setback line if certain construction conditions are met, thereby avoiding severe and unavoidable economic impacts and thus an unconstitutional taking.

The GLO has therefore determined that the proposed rulemaking will not result in a taking of private property and that there are no adverse impacts on private real property interests.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement for this proposed rulemaking. Since the proposed rules simply certify Starbase City's Dune Protection and Beach Access Plan and its Erosion Response Plan, they will not affect the operations of the General Land Office. Even though Starbase City is a new municipality, the proposed rules do not increase or decrease the number of individuals subject to the rule's applicability because those individuals were already subject to the beach and dune rules under Cameron County's Beach Access and Dune Protection Plan and ERP prior to the incorporation of the City of Starbase and the adoption and certification of the City's Plan. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriations to the agency, will not require the creation of new employee positions nor eliminate current employee positions at the agency, nor will it require an increase or decrease in fees paid to the GLO. The proposed rule does not create, limit, or repeal existing agency regulations, but rather certify the Plan as consistent with state law.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed new rule is expected to enhance or preserve beach access and protect environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed rulemaking is subject to the Coastal Management Program as provided for in Tex. Nat. Res. Code § 33.2053 and 31 TAC §§ 29.11(a)(1)(J) and 29.11(c),relating to Actions and Rules Subject to the Coastal Management Program (CMP). The GLO has reviewed this proposed action for consistency with the CMP goals and policies in accordance with its regulations and has determined that the proposed action is consistent with the applicable CMP goals and policies. The applicable goals and policies are found at 31 TAC §26.12 (relating to Goals) and §26.26 (relating to Policies for Construction in the Beach/Dune System).

The proposed Plan is consistent with the CMP goals outlined in 31 TAC §26.12(5). These goals seek to balance the benefits of economic development and multiple human uses, the benefits of protecting, preserving, restoring, and enhancing coastal natural resource areas (CNRAs), and the benefits from public access to and enjoyment of the coastal zone. The proposed Plan is consistent with 31 TAC §26.12(5) as it provides the City with the ability to enhance public access and enjoyment of the coastal zone, protect and preserve and enhance the CNRA, and balance other uses of the coastal zone.

The proposed rule is also consistent with CMP policies in 31 TAC §26.26(a)(4) because it enhances and preserves the ability of the public, individually and collectively, to exercise rights of use and access to and from public beaches through the limited access restrictions imposed by the April 24, 2025 Mitigated FONSI/ROD.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking or its consistency with the CMP goals and policies, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The rule was reviewed under new Tex. Gov. Code § 482.107(8), which allows the Texas Space Commission to issue an order, subject to the approval of the municipality's governing body, to temporarily close in a municipality a highway, venue, or area as specified by Tex. Nat. Res. Code § 33.203(11), and is proposed under Tex. Nat. Res. Code §§ 33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121, which provide the GLO with the authority to adopt rules governing the preservation and enhancement of the public's right to access and use public beaches and certification of local government beach access and dune protection plans as consistent with state law.

Tex. Nat. Res. Code §§ 33.602, 33.607, 61.011, 61.015(b), 61.022 (b) & (c), 63.091, and 63.121 are affected by the proposed new rule. The GLO hereby certifies that the section as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's authority.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 13, 2025.

TRD-202503694

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: November 23, 2025

For further information, please call: (512) 475-1859