A Policy to Preserve Texas Beaches

1. A Policy to Preserve Texas Beaches Spring 2004 MARS 680 Project By: Patricia Edwards Danna Svejkosky Instead of reviewing the current federal and state programs presently in place to manage sandy shorelines, Patty and I would like to draw your attention to the demonstrate to you why now is the time raise the issue of how we are managing our coastlines. We will also propose to you or recommendations for a new state policy. Beaches are dynamic environments where land, air and sea all collide. And then when you factor in humans These first few slides illustrate why now is the time to act and change our current policies toward shoreline erosion. Instead of reviewing the current federal and state programs presently in place to manage sandy shorelines, Patty and I would like to draw your attention to the demonstrate to you why now is the time raise the issue of how we are managing our coastlines. We will also propose to you or recommendations for a new state policy. Beaches are dynamic environments where land, air and sea all collide. And then when you factor in humans These first few slides illustrate why now is the time to act and change our current policies toward shoreline erosion.

2. Galveston SeawallTexas Beaches Battling Erosion

3. Hershey BeachBeach Management

4. Sands of Kahala BeachThe Sand Dune is Gone

5. Bolivar PeninsulaErosion Control Efforts Note: There is no beach. The Bureau of Economic Geology Note: There is no beach. The Bureau of Economic Geology

6. July 2003 post Hurricane Claudette House on e. Buena Vista looking west, Spanish Grant, Galveston Island Source: GLO Website http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/11-house%20on%20E.%20Buena%20Vista%20looking%20to%20west%2C%20Spanish%20Grant%2C%20Galveston%20Is..htmlJuly 2003 post Hurricane Claudette House on e. Buena Vista looking west, Spanish Grant, Galveston Island Source: GLO Website http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/11-house%20on%20E.%20Buena%20Vista%20looking%20to%20west%2C%20Spanish%20Grant%2C%20Galveston%20Is..html

7. July 2003 after Hurricane Claudette 12519 E. Buena Vista looking west, Spanish Grant, Galveston Island Source: GLO website <http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/14-12519%20E.%20Buena%20Vista%20looking%20west%2C%20Spanish%20Grant%2C%20Galveston%20Is..html> July 2003 after Hurricane Claudette 12519 E. Buena Vista looking west, Spanish Grant, Galveston Island Source: GLO website <http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/14-12519%20E.%20Buena%20Vista%20looking%20west%2C%20Spanish%20Grant%2C%20Galveston%20Is..html>

8. Remnants of SH 87 along McFaddin NWR beachfront

9. Permanent StructuresSeawalls, Groins, Jetties

10. National Park Service �In 1972 it made a landmark decision with far-reaching consequences. Rather than try and halt shoreline erosion, the Park Service took a brave step outside the bounds of accepted coastal management practice and instituted a policy that, as one official put it, �let nature rip at the shoreline� (Pilkey-3). Lawsuit over Fire Island Nat�l Seashore in NY Dunes themselves are dynamic in nature! This picture shows an active dune migrating away from the ocean shore (the coastline is to the left) towards Highway 12. Dune stabilization is necessary to maintain the road. The natural roll over process of the duneline and entire barrier island system is altered, as a consequence. �In 1972 it made a landmark decision with far-reaching consequences. Rather than try and halt shoreline erosion, the Park Service took a brave step outside the bounds of accepted coastal management practice and instituted a policy that, as one official put it, �let nature rip at the shoreline� (Pilkey-3). Lawsuit over Fire Island Nat�l Seashore in NY Dunes themselves are dynamic in nature! This picture shows an active dune migrating away from the ocean shore (the coastline is to the left) towards Highway 12. Dune stabilization is necessary to maintain the road. The natural roll over process of the duneline and entire barrier island system is altered, as a consequence.

11. Soft StabilizationBeach Nourishment Ocean City, MD Atlantic Coast of Maryland Shoreline Protection Project Designed to provide coastal flood and erosion protection to the city. According to Tom Campbell at the 11/13/03 PDT meeting, road & recreation benefits were taken as well as ecosystem benefits for this projectOcean City, MD Atlantic Coast of Maryland Shoreline Protection Project Designed to provide coastal flood and erosion protection to the city. According to Tom Campbell at the 11/13/03 PDT meeting, road & recreation benefits were taken as well as ecosystem benefits for this project

12. Without an alternative plan of action, FM 3005 in Galveston may become a permanent structure and serve as a Seawall. July 27, 2003 aerial Bermuda Beach Source: GLO <http://www.glo.state.tx.us/coastal/photos/claudette/aerials07-27-03/jpegs/oblique05-bermudabeach.jpg>Without an alternative plan of action, FM 3005 in Galveston may become a permanent structure and serve as a Seawall. July 27, 2003 aerial Bermuda Beach Source: GLO <http://www.glo.state.tx.us/coastal/photos/claudette/aerials07-27-03/jpegs/oblique05-bermudabeach.jpg>

13. Our Vision for Texas 367 miles of Texas Shorelines Source: GLO http://www.glo.state.tx.us/coastal/access/guide.html 367 miles of Texas Shorelines Source: GLO http://www.glo.state.tx.us/coastal/access/guide.html

14. All Texas Beaches Will Be Truly Open and Accessible

15. Pristine Areas Will Stay Relatively Pristine Source: Padre Island National Seashore, Photo by Phil Slattery http://www.nps.gov/pais/pphtml/photogallery.htmlSource: Padre Island National Seashore, Photo by Phil Slattery http://www.nps.gov/pais/pphtml/photogallery.html

16. Developed Seawall Areas Will Have Beaches For Citizens and Tourists To Enjoy

17. Suburban Coasts Will Be Relatively Rare But Protected Source: GLO http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Bermuda%20Beach%20and%20GLS%20piers/pages/16f-east%20end%20of%20Bermuda%20Beach%20Rd.%20looking%20east%2C%20Galveston%20Is..html Source: GLO http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Bermuda%20Beach%20and%20GLS%20piers/pages/16f-east%20end%20of%20Bermuda%20Beach%20Rd.%20looking%20east%2C%20Galveston%20Is..html

18. Monies Will Go For Erosion Control Not Endless Studies

19. Proposed PolicyTo protect and better manage Texas beaches No new �hard� structures Enforce Open Beaches Act Create a centralized Erosion Control Office (ECO) Within the General Land Office ECO will serve as the local sponsor for all Federal shoreline projects Erosion Control Surcharge (ECS) Based on Property tax values Imposed on nearshore residents Funds dedicated to Texas beaches Our policy calls for a �soft� approach to shore maintenance and protection. Beach nourishment projects and natural dune reconstruction are the preferred protection. Sand socks will ultimately be phased out and removed from the beaches. We propose the formation of an Erosion Control Office within the GLO to serve as a centralized agency to oversee the entire length of Texas shoreline. The ECO shall serve as the local sponsor for all Federal shoreline projects. To meet the 65/35 federal/local match, the ECO will establish an Erosion Control Surcharge (ECS) to tax nearshore property owners. Our policy calls for a �soft� approach to shore maintenance and protection. Beach nourishment projects and natural dune reconstruction are the preferred protection. Sand socks will ultimately be phased out and removed from the beaches. We propose the formation of an Erosion Control Office within the GLO to serve as a centralized agency to oversee the entire length of Texas shoreline. The ECO shall serve as the local sponsor for all Federal shoreline projects. To meet the 65/35 federal/local match, the ECO will establish an Erosion Control Surcharge (ECS) to tax nearshore property owners.

20. Categorize Coastal Areas Separate response plans for each area for managing shoreline erosion Three Categories Pristine Suburban Seawall To better manage the beaches, we propose categorizing the entire shoreline into one of three classifications. Each plan will have its own response plan to combat erosion and the coastal region will be taxed according to property location and beach area typeTo better manage the beaches, we propose categorizing the entire shoreline into one of three classifications. Each plan will have its own response plan to combat erosion and the coastal region will be taxed according to property location and beach area type

21. Pristine Areas Minimal structures and development potential Further divided into federal or state lands and private ownership 500� threshold Establish a coordinate based construction line drawn 1000� from present vegetation line Setback Requirement 5% ECS imposed Federal and state areas policy is to Let nature take its course, unless these area would be deleterious to adjacent restoration projects. In pristine private areas, the State will not allow for the beach to erode more than 500 feet. A construction line will be established for pristine areas in private hands. This line will be 1000 feet back from present vegetation line. Any structure and accompanying infrastructures that are currently in front of this line will be grand fathered, as long as they are not destroyed beyond 50% and that they are not in violation of the Texas Open Beaches Act. Once the construction line has been implemented no further development may take place in front of this line. Property owners in these areas will be taxed an ECS which will be 5% of their property tax. This money will be used to fund restoration projects.Federal and state areas policy is to Let nature take its course, unless these area would be deleterious to adjacent restoration projects. In pristine private areas, the State will not allow for the beach to erode more than 500 feet. A construction line will be established for pristine areas in private hands. This line will be 1000 feet back from present vegetation line. Any structure and accompanying infrastructures that are currently in front of this line will be grand fathered, as long as they are not destroyed beyond 50% and that they are not in violation of the Texas Open Beaches Act. Once the construction line has been implemented no further development may take place in front of this line. Property owners in these areas will be taxed an ECS which will be 5% of their property tax. This money will be used to fund restoration projects.

22. Suburban Areas High density of structures Quick state response to high erosion areas to minimize negative impacts to property owners Strong efforts to maintain current beach Establish a coordinate based construction line No new construction within 200� of present vegetation line 10% ECS imposed Areas characterized by a high density of structures, such as West Galveston Island. The ECS here will be 10% of the property tax. Because of the high density, the state of Texas will make every reasonable effort to respond immediately to high erosion areas and will make efforts to maintain the current beach. There will be a 200� set back established from the present vegetation line and will act as the construction line in these areas. Pre-existing structures will be grandfathered until they are in violation of the TOBA, or the infrastructure is damaged beyond 50%. New structures will not be allowed in front of the 200� set back.Areas characterized by a high density of structures, such as West Galveston Island. The ECS here will be 10% of the property tax. Because of the high density, the state of Texas will make every reasonable effort to respond immediately to high erosion areas and will make efforts to maintain the current beach. There will be a 200� set back established from the present vegetation line and will act as the construction line in these areas. Pre-existing structures will be grandfathered until they are in violation of the TOBA, or the infrastructure is damaged beyond 50%. New structures will not be allowed in front of the 200� set back.

23. Seawall No new seawalls Guarantee access and parking Maintain a beach 10% ECS tax imposed Texas will guarantee the access and parking to these areas and will maintain a beach in front of the Seawall for Texas residents to enjoy. In order to maintain the beachfront, a 10% ECS will be charged to all properties located behind a Seawall.Texas will guarantee the access and parking to these areas and will maintain a beach in front of the Seawall for Texas residents to enjoy. In order to maintain the beachfront, a 10% ECS will be charged to all properties located behind a Seawall.

24. Features Managing shoreline projects under a central authority ensures the meeting of local cost-sharing match Promotes large-scale nourishment projects Residents who pay the ECS stand to gain the most from this plan Some property owners may lose their homes under this new policy Managing shoreline projects under a central state authority, eliminates the problem of local sponsors falling out during the study phase. Oftentimes, local sponsors can not meet the cost-sharing agreement and a project never makes it to the construction phase. Managing shoreline projects under a central state authority, eliminates the problem of local sponsors falling out during the study phase. Oftentimes, local sponsors can not meet the cost-sharing agreement and a project never makes it to the construction phase.

25. Furthermore

26. Appendix

27. Federal AgenciesWith Coastal Jurisdiction USACE (Department of the Army) NOAA (Department of Commerce) NPS (Department of Interior) USFWS (Department of Interior) FHA (Department of Transportation) FEMA

28. Federal Emergency Management Act(FEMA) What you should know- FEMA authorized up to $727,000 for sand replacement project (67,000 cy) in front of Seawall between 10th-61st groins, loss to TS Claudette Park Board pays $181,750 (25%) Federal cost-share $545,250.n1 Coverage for wind and flood damage come from two separate policies (and not homeowner�s insurance) Wind damage-Texas Windstorm Insurance Association (water from the sky) Flood damage- National Flood Insurance Program (water from the ground) Car flooding Comprehensive car insurance (hail or water damage).n2 FEMA doesn�t fund beach nourishment projects. However the sand is needed to protect the foundation of the Seawall from marine borers and the seawall provides hurricane protection. n1. Source: �Federal agency approves funding for sand: by Jerry Urban, September 18, 2003, The Galveston County Daily News n2. Source: �Got damage? Call your agent ASAP� by Laura Elder, published July 16, 2003, the Galveston County Daily NewsFEMA doesn�t fund beach nourishment projects. However the sand is needed to protect the foundation of the Seawall from marine borers and the seawall provides hurricane protection. n1. Source: �Federal agency approves funding for sand: by Jerry Urban, September 18, 2003, The Galveston County Daily News n2. Source: �Got damage? Call your agent ASAP� by Laura Elder, published July 16, 2003, the Galveston County Daily News

29. 1972 (CZMA)Coastal Zone Management Act National Coastal Management Program is a federal-state partnership dedicated to comprehensive management of the nation�s coastal resources, ensuring their protection for future generations while balancing competing national economic, cultural, and environmental interests. CZMA authorizes the Coastal Zone Management Program (CZMP) Administered at federal level by the Coastal Programs Division (CPD) within NOAA�s Office of Ocean and Coastal Resource Management (OCRM) Texas submitted the Coastal Management Plan in 1996, (signed into effect by then Governor, George Bush) In recognition of the increasing pressures of over-development upon the nation�s coastal resources, Congress enacted the CZMA in 1972. The CZMA encourages states to preserve, protect, develop, and where possible, restore or enhance valuable natural coastal resources such as wetlands, floodplains, estuaries, beaches, dunes, barrier island, and coral reefs, as well as the fish and wildlife using those habitats. A unique feature of the CZMA is that participation by states is voluntary. To encourage states to participate, the act makes federal financial assistance available to any coastal state or territory, including those on the Great Lakes, that is willing to develop and implement a comprehensive coastal management program.� 1990 Amendments ��the amendments did codify certain existing NOAA regulations. As part of the new requirements for non-point source controls [Section 6217(g)(3)(A)], states must issue management measures for certain categories of runoff and erosion. --Coastal Zone Management Act <http://tis-nt.eh.doe.gov/oepa/law_sum?CZMA.HTM> 2/1/01 The CZMP�s leaves day-to-day management decisions at the state level in the 34 states and territories with federally approved coastal management programs. Currently, 95,376 national shoreline miles (99.9%) are managed by the Program. State and federal coastal zone management efforts are guided by the CZMP�s Strategic Framework, which is organized around 3 major themes: Sustain Coastal Communities, Sustain Coastal Ecosystems, and Improve Government Efficiency.� --Coastal Zone Management Plan <http://www.ocrm.nos.noaa.gov/czm> on 11/9/02 In recognition of the increasing pressures of over-development upon the nation�s coastal resources, Congress enacted the CZMA in 1972. The CZMA encourages states to preserve, protect, develop, and where possible, restore or enhance valuable natural coastal resources such as wetlands, floodplains, estuaries, beaches, dunes, barrier island, and coral reefs, as well as the fish and wildlife using those habitats. A unique feature of the CZMA is that participation by states is voluntary. To encourage states to participate, the act makes federal financial assistance available to any coastal state or territory, including those on the Great Lakes, that is willing to develop and implement a comprehensive coastal management program.� 1990 Amendments ��the amendments did codify certain existing NOAA regulations. As part of the new requirements for non-point source controls [Section 6217(g)(3)(A)], states must issue management measures for certain categories of runoff and erosion. --Coastal Zone Management Act <http://tis-nt.eh.doe.gov/oepa/law_sum?CZMA.HTM> 2/1/01 The CZMP�s leaves day-to-day management decisions at the state level in the 34 states and territories with federally approved coastal management programs. Currently, 95,376 national shoreline miles (99.9%) are managed by the Program. State and federal coastal zone management efforts are guided by the CZMP�s Strategic Framework, which is organized around 3 major themes: Sustain Coastal Communities, Sustain Coastal Ecosystems, and Improve Government Efficiency.� --Coastal Zone Management Plan <http://www.ocrm.nos.noaa.gov/czm> on 11/9/02

30. US Army Corps of Engineers Civil Works Missions Water infrastructure Environmental management and restoration Response to natural and manmade disasters, and Technical services to the Army, DoD and other federal agencies Seven mission areas: navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, hydroelectric power generation, and recreationSeven mission areas: navigation, flood damage reduction, ecosystem restoration, hurricane and storm damage reduction, water supply, hydroelectric power generation, and recreation

31. Texas General Land Office(TxGLO) Commissioner Jerry Patterson Open Beaches Act Dune Protection Act Coastal Erosion Planning & Response Act (CEPRA) 1999 �Texas is the only state in the nation that has an Open Beaches Act. Landward of the mean high water or mean higher high water line, which delineates the boundary of state-owned submerged lands, beaches can be privately owned, but are subject to the public beach easement, allowing the public free and unrestricted access to and use of the beach. As steward of state-owned lands, the Texas General Land Office is responsible for management of the 367 miles of Texas coastline from the vegetation line on the beach to 10.3 miles into the Gulf of Mexico, as well as millions of acres of submerged land in our coastal bays. Several programs stemming from that basic responsibility have made the coastal region Texas' second-most popular tourist attraction, generating $7 billion a year.� Texas General Land Office <http://www.glo.state.tx.us/coastal.html> (11/11/02) �The Coastal Coordination Council has entered into a consistency agreement with Galveston County�. Addresses such issues as beach nourishment, beach access, monitoring, removal, maintenance/repair, duration, and beach/dune plans. The agreement requires that the County: (1) develop a monitoring protocol to determine the impact of the projects on beach users and the beach/dune system and the effectiveness and survivability of the projects; (2) est. a fund and a plan for nourishing the beaches; and (3) ensure that the geotube projects are maintained and remain covered and that public access is maintained.� (Texas CCC Report to 78th Legislature, January 2003) CEPRA budget cut from $15 M to $7.23M due to state budget deficits (6/5/2003 �Erosion program sees cut�)�Texas is the only state in the nation that has an Open Beaches Act. Landward of the mean high water or mean higher high water line, which delineates the boundary of state-owned submerged lands, beaches can be privately owned, but are subject to the public beach easement, allowing the public free and unrestricted access to and use of the beach. As steward of state-owned lands, the Texas General Land Office is responsible for management of the 367 miles of Texas coastline from the vegetation line on the beach to 10.3 miles into the Gulf of Mexico, as well as millions of acres of submerged land in our coastal bays. Several programs stemming from that basic responsibility have made the coastal region Texas' second-most popular tourist attraction, generating $7 billion a year.� Texas General Land Office <http://www.glo.state.tx.us/coastal.html> (11/11/02) �The Coastal Coordination Council has entered into a consistency agreement with Galveston County�. Addresses such issues as beach nourishment, beach access, monitoring, removal, maintenance/repair, duration, and beach/dune plans. The agreement requires that the County: (1) develop a monitoring protocol to determine the impact of the projects on beach users and the beach/dune system and the effectiveness and survivability of the projects; (2) est. a fund and a plan for nourishing the beaches; and (3) ensure that the geotube projects are maintained and remain covered and that public access is maintained.� (Texas CCC Report to 78th Legislature, January 2003) CEPRA budget cut from $15 M to $7.23M due to state budget deficits (6/5/2003 �Erosion program sees cut�)

32. Texas Coastal 2020 A long-term, statewide initiative to unite local, state, and federal efforts to promote the environmental and economic health of the Texas coast. Similar idea to Louisiana�s Coast 2050, which has succeeding in acquiring $70 million a year for wetlands protection through the efforts of Louisiana congressmen. the focus of the program is to fight coastal erosion. There are a series of public hearings this fall to gather ideas for projects to protect the coast Source: �A new plan to fight erosion� by Heber Taylor, June 25, 2003, The Galveston County Daily News Meeting this Thursday in Kemah!Similar idea to Louisiana�s Coast 2050, which has succeeding in acquiring $70 million a year for wetlands protection through the efforts of Louisiana congressmen. the focus of the program is to fight coastal erosion. There are a series of public hearings this fall to gather ideas for projects to protect the coast Source: �A new plan to fight erosion� by Heber Taylor, June 25, 2003, The Galveston County Daily News Meeting this Thursday in Kemah!

33. Aerial Photography July 27, 2003 GLO Website <http://www.glo.state.tx.us/coastal/photos/claudette/aerials07-27-03/jpegs/1-13.jpg>Aerial Photography July 27, 2003 GLO Website <http://www.glo.state.tx.us/coastal/photos/claudette/aerials07-27-03/jpegs/1-13.jpg>

34. Galveston IslandSeawall Construction

35. West End of Seawall Hurricane flood protection system What are the cumulative impacts? CEQ Regulations (40 CFR Sec. 1508.7): �Cumulative impact� is the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. Hurricane flood protection system What are the cumulative impacts? CEQ Regulations (40 CFR Sec. 1508.7): �Cumulative impact� is the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time.

36. July 2003 after H. Claudette 18-LOV looking west, W. Buena Vista, Spanish Grant, Galveston Is. Source: GLO Website <http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/18-LOV%20looking%20west%2C%20W.%20Buena%20Vista%2C%20Spanish%20Grant%2C%20Galveston%20Is..html>July 2003 after H. Claudette 18-LOV looking west, W. Buena Vista, Spanish Grant, Galveston Is. Source: GLO Website <http://www.glo.state.tx.us/coastal/photos/claudette/Galveston/Galveston%20to%20Spanish%20Grant/pages/18-LOV%20looking%20west%2C%20W.%20Buena%20Vista%2C%20Spanish%20Grant%2C%20Galveston%20Is..html>