Open Beaches Act

Question 1

Line of vegetation ?

Answer 1

the extreme seaward boundary of natural vegetation which spreads continuously inland

Question 2

Local government ?

Answer 2

a municipality, county, or any other political subdivision of the state

Question 3

Meteorological event ?

Answer 3

atmospheric conditions or phenomena resulting in avulsion, erosion, accretion, or other impacts to the shoreline that alter the location of the line of vegetation

Question 4

Construction ?

Answer 4

causing or carrying out any building, bulkheading, filling, clearing, excavation, or any substantial improvement to land or the size of any structure

Question 5

Public beach ?

Answer 5

any beach area, whether publicly or privately owned, extending inland from the line of mean low tide to the line of vegetation bordering on the Gulf of Mexico to which the public has acquired the right of use or easement to or over the area by prescription, dedication, presumption, or has retained a right by virtue of continuous right in the public since time immemorial, as recognized in law and custom. This definition does not include a beach that is not accessible by a public road or public ferry

Question 6

If no line of vegetation ?

Answer 6

(a) To determine the “line of vegetation” in any area of public beach in which there is no clearly marked line of vegetation (for instance, a line immediately behind well-defined dunes or mounds of sand and at a point where vegetation begins) recourse shall be to the nearest clearly marked line of vegetation on each side of the unmarked area.
(b) The “line of vegetation” for the unmarked area shall be the line of constant elevation connecting the two clearly marked lines of vegetation on each side.
(c) If the elevation of the two points on each side of the area are not the same, the extension defining the “line of vegetation” shall be the average elevation as between the two points, but if there is no clearly marked line of vegetation, the “line of vegetation” shall not extend inland further than 200 feet from the seaward line of mean low tide.

Question 7

if temporary suspension of line of vegetation determination is in place due to meteorological event, what then?

Answer 7

For the duration of the order, the public beach shall extend to a line 200 feet inland from the line of mean low tide as established by a licensed state land surveyor.

Question 8

Texas Supreme Court Case

Answer 8

Severance v. Patterson, reaffirmed in 2012, no rolling easement from avulsive events