Tex. Nat. Resources Code Section 61.017
Line of Vegetation Unaffected by Certain Conditions


(a)

The “line of vegetation” is not affected by the occasional sprigs of salt grass on mounds and dunes or seaward from them or by artificial fill, the addition or removal of turf, beach nourishment projects or artificial placement of dredged or fill material, whether conducted by public or private entities, or other artificial changes in the natural vegetation of the area.

(b)

If the changes listed in Subsection (a) of this section are made and the vegetation line is obliterated or is created artificially, the line of vegetation shall be determined in the same manner as in those areas covered by Section 61.016 (Boundaries for Areas with No Marked Vegetation Line) of this code, but if there is a vegetation line consistently following a line more than 200 feet from the seaward line of mean low tide, the 200-foot line shall constitute the landward boundary of the area subject to public easement until a final court adjudication establishes the line in another place.

(c)

(1) In an area of public beach where a seawall structure constructed in its entirety as a single structure of one design before 1970 and continuously maintained with a height of not less than 11 feet above mean low tide interrupts the natural line of vegetation for a distance not less than 4,000 feet nor greater than 4,500 feet, the line of vegetation is along the seaward side of the seawall for the distance marked by the seawall, provided that prior to September 2, 1997:

(A)

a perpetual easement has been granted in favor of the public affording pedestrian, noncommercial use along and over the entire length of the seawall and adjacent sidewalk by the general public;

(B)

fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall has been conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall, is located within the center one-third of the length of the seawall or not farther than 300 feet from that center one-third, and has frontage on the seawall for at least 300 linear feet; and

(C)

permanent roadway easements exist within 1,000 feet of each end of the seawall affording vehicular access from the nearest public road to the beach.

(2)

A line of vegetation established as described in this subsection shall be the landward boundary of the public beach and of the public easement for all purposes. Fee title to all submerged land as described in this code shall remain in the State of Texas.

(d)

(1) In an area of public beach where a combination stone revetment and concrete sheet pile wall constructed in its entirety as a single structure before 1999 and continuously maintained with a height of not less than five feet above mean low tide interrupts the natural line of vegetation for a distance not less than 7.5 miles and not more than 8.5 miles, the line of vegetation is along the landward boundary of that strip of land conveyed to the United States of America for the construction of the stone revetment and concrete sheet pile wall and for the distance marked by the stone revetment and concrete sheet pile wall.

(2)

A line of vegetation established as described by this subsection is the landward boundary of the public beach and of the public easement for all purposes. Fee title to all submerged land as described in this code shall remain in the State of Texas.

(e)

In an area of public beach where a shore protection structure constructed as provided by Section 61.022 (Government Agencies and Subdivisions)(a)(6) interrupts the natural line of vegetation for a distance of at least 1,000 feet, the line of vegetation is along the seaward side of the shore protection structure for the distance marked by that structure. A line of vegetation established under this subsection is the landward boundary of the public beach and of the public easement for all purposes, provided that before or concurrently with the construction of the structure:

(1)

a perpetual easement has been granted in favor of the public affording pedestrian, noncommercial use along and over the entire length of the structure and an adjacent sidewalk by the general public; and

(2)

the subdivision that constructed the shore protection structure has provided a public parking area of sufficient acreage to provide at least one parking space for each 15 linear feet of the structure, located so that ingress and egress ways are not more than one-half mile apart.

(f)

Before a subdivision of this state begins construction of a shore protection structure described by Subsection (e), the subdivision must conduct and obtain the commissioner’s approval of a coastal boundary survey under Section 33.136 (Property Rights: Preservation of Littoral Rights). The state retains fee title to all land described by Section 11.012 (Gulfward Boundary of Texas) that is occupied by or affected by the placement of the structure.
Acts 1977, 65th Leg., p. 2479, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 593, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 331, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 999, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 377 (H.B. 1445), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1086 (H.B. 3459), Sec. 4, eff. September 1, 2013.

Source: Section 61.017 — Line of Vegetation Unaffected by Certain Conditions, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­61.­htm#61.­017 (accessed Jun. 5, 2024).

61.001
Definitions
61.011
Policy and Rules
61.012
Definition
61.013
Prohibition
61.014
Denial of Access by Posting
61.015
Beach Access and Use Plans
61.016
Boundaries for Areas with No Marked Vegetation Line
61.017
Line of Vegetation Unaffected by Certain Conditions
61.018
Enforcement
61.019
Declaratory Judgment Suits
61.020
Prima Facie Evidence
61.021
Area Not Covered by Subchapter
61.022
Government Agencies and Subdivisions
61.023
Effect on Land Titles and Property Adjacent to and on Beaches
61.024
Effect of Subchapter on Definition of Public Beach
61.025
Disclosure to Purchaser of Property
61.026
Beach Access Public Awareness and Education
61.061
Purpose
61.062
Public Policy
61.063
Definitions
61.064
Application of Subchapter
61.065
Duty of Cities
61.066
Duty of County
61.067
Duty of State
61.068
Application Requirement
61.069
Contents of Application
61.070
Parking and Use Fees
61.071
Compliance Before Approval
61.072
State Funds
61.073
Conditions for Payments
61.074
Submission of Proposed Expenditures
61.075
Fair Distribution of Funds
61.076
Limitation on State Share
61.077
Funds for Administrative Purposes and Emergencies
61.078
Authority to Spend County Funds
61.079
Notice of Ineligibility
61.080
Public Beaches in Ineligible City
61.081
Public Beaches in Ineligible County
61.082
Authority of Local Governments
61.083
Exemptions from Subchapter
61.121
Definition
61.122
County Regulatory Authority
61.123
Notice of Hearing
61.124
Copies of Order
61.125
Public Hearing
61.126
Traffic Regulations
61.127
Criminal Penalties
61.128
Order Prevails over State Law
61.129
Ordinance Prevails over Order and State Law
61.130
Rights of the Public
61.131
Effect of Subchapter on Definition of Public Beach
61.132
Closing of Beaches for Space Flight Activities
61.161
Public Policy
61.162
Findings
61.163
Definition
61.164
Application
61.165
Contents of Application
61.166
Filing Fee
61.167
Separate Applications
61.168
Granting License
61.169
Applications Not to Be Granted
61.170
License Prohibition Against Glass Containers
61.0171
Temporary Suspension of Line of Vegetation Determination
61.171
Assignment
61.172
Termination and Revocation of License
61.173
Maximum Territorial Limits
61.174
Additional Standards
61.175
Rules, Procedures, and Conditions
61.176
Areas Exempt from Subchapter
61.177
Penalty
61.178
Enforcement
61.0181
Administrative Penalty
61.0182
Enforcement Provisions Cumulative
61.0183
Removal of Certain Structures, Improvements, Obstructions, Barriers, and Hazards on Public Beach
61.0184
Notice Requirements
61.0185
Temporary Suspension of Submission of Requests that Attorney General File Suit
61.0211
State or National Park Covered by Subchapter
61.211
Findings
61.212
Exemptions from Subchapter
61.213
Application
61.214
Contents of Application
61.215
Prerequisites to Issuance of Permit
61.216
Notice of Applications Received
61.217
Public Hearing
61.218
Notice of Public Hearing
61.219
Issuance of Permit
61.220
Return of Filing Fee
61.221
Assignment of Permits
61.222
Termination and Revocation of Permit
61.223
Suits for Orders and Injunctions
61.224
Penalty
61.225
Sand, Marl, Gravel, or Shell from Public Beaches Within Incorporated Cities, Towns, or Villages
61.226
Application of Subchapter to Certain Islands and Peninsulas
61.227
Authority of Parks and Wildlife Department
61.251
Definition
61.252
Permit Requirements
61.253
Injunction
61.254
Criminal Penalty

Accessed:
Jun. 5, 2024

§ 61.017’s source at texas​.gov