Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas Decmber 13, 1984 .JIM MATTOX Attorney General Su~rerrio Court Bulldln9 Houoreble Jim Mapel Opinion No. JM-246 ~‘.0. Box 12549 Criminal District Attorney .u*,,n. TX. 78711. 2549 Brezorie County Courthouse Be: Whether Brezorie County mey af475-2591 Angleton, Texas 77515 establish a dune protection line Telex 9101874-1357 -4lecopier 51214754255 along ite coast pursuant to section 63.011 of the Natural Resources Code 714 Jackron, Suite 7W -was, TX. 752024509 Deer Mr. Mepel: !14/742-8944 You have requasted our opinion es to whether Brezoria County is ;824 Alberta Ave., Suits 150 authorized to cste``l.ish a dune protection line along its entire coast. il Paw, TX. 79905.2793 91~533.3494 Section 63.011. of the Natural Resources Code provides: Texas. Suite 799 After notice end hearing. the comissioners humto”, TX. 77902.3111 court ol’ any county bordering ou the Gulf of 713l22M9BS Mexico that has within its boundaries a barrier island 0:: peninsula located north of the Hensfield Ship Chzmel may establish a dune protection line SOSBroadway. Bulta 312 Lubbock. TX. 794Ola79 on the island or peninsula for the purpose of 3061747.5239 preserving send dunes that offer a defense against storm water end erosion of the shoreline. 4309 N. Tenth. Suite B McAllen. TX. 79501.1595 “Barrier islend” :Ln defined es “an island bordering on the Gulf of 5121682.4547 t4exico end entiw!ly surrounded by water.” Section 63.002(2). Brezoria County borders on the Gulf of Mexico end is located north of the Mansfield Ship Channel. The intercoastal canal runs the length of 200 Main Pl424. suit0 400 Brazorie County, several miles inland from the Gulf. You suggest that San Antonio. TX. 792952797 “the intercoastal cane1 in e sense mekes a barrier island of the 51212254191 entire county coe8tline.” In order to accept this argument es valid. we would have to construe “veter” in section 63.002(2) to include e An Equal Opportunity/ men-made body of water such es the canal. Affirmative Actlon Employer Dr. Robert Mwton. associate director of the University of Texas Bureau of Economic Geology, end en internationally kaown expert ou coastal geology WIICI has frequently testified es en expert witness for this office. has furnished information to us which indicates that e “barrier island.” in geological terms. is e lend form which fronts on en open oceen. anei which is normally bounded lendwerd by e lagoon or e8tUary. Dr. Mor,:on emphasiees that a barrier island is e naturally occurring geologic:el form created by erosion over e period of time. p. 1102 Honorable Jim Mepel - Pege 2 ~:.lll-246) Furthermore. in Padre Islarid Netioael Seeshore: A Guide to the Geology, Neturel Environment, end Ristory of e Texas Barrier Island (1980) by Weise, B.R. end While!, W.A. the authors define e "barrier island" es a long, low, nerrow island separated from the mainland by a lagoon end commonly having dunes, vegetated sonea and rarshy environments extending legoonverd from the t'each. It is clear from this informetl.ca thet a berrier irlend. in geologicel terms, wee not crested by the construction of this ertificiel canal. See also, definitions of "berrier islend' end "barrier beech" in American Geological Institute, Glossary of Geology & Related Sciences, a Cooperative Project (1957). ?'he legisleture we8 presumebly aware. when it enacted the predecessor statute of section 63.002, et seq., in 1973, that e "barrier island' has specific geologicel significence. i.e., thet it is separated fra'n the meinlend by a lagoon or estuary rclther then by a men-mede cene:i.. For this reesou, we believe that the legisleture, in defining "berri,er islend' in section 63.002(2), must have intended 'veter' to reff!r only to weter naturally surrounding such island. We conclude therefore that, since no 'barrier island" lies within the boundaries of Brezorie Cowaty, that county is not authorized by section 63.011 of the Natural Resources Code to establish a dune protection line *long ite entire coast. Brezorie County is not authorized under section 63.011 of the Neturc.1 Resources Code to establish a dune protection line along its entire coast. MATTOX - Attorney General of Texas TOI4GREEN First Assistant Attorney Geneml DAVID R. RICHARDS Executive Assistant Attorney Cenerel RICR GILPIN Chairmen. Opinion Co-ittee . 1'. 1103 Ronorable Jim Mepel - Page 3 (JM-246) Prepared by Rick Gilpin Assistent Attorney General APPROVED: OPINIONCOMMITTEE Rick Gilpin. Chairmen Colin Carl Susan Garrison Tony Guillory Jim Moellinger Jennifer Riggs Nancy Sutton p. 1104