Section 155.5 - Registration of Structures(a) Pursuant to Texas Natural Resources Code § 33.132, a littoral owner claiming any right in any structure, excluding a fixed or floating pier, which as of August 27, 1973, is situated in whole or in part on coastal public lands, shall have registered with the General Land Office (GLO) the structure on or before January 1, 1974. Any structure not registered by January 1, 1974, shall require an easement or lease.(b) Pursuant to Texas Natural Resources Code § 33.115, any littoral owner desiring to register a pier shall register such pier with the GLO by submitting a non-refundable registration fee and an executed structure registration. The structure registration shall be on a form provided by the GLO.(c) New construction, reconstruction, or modification of a pier pursuant to Texas Natural Resources Code § 33.115 may commence only upon receipt by the GLO of the following: (1) a completed and executed structure registration form; and(2) the registration fee.(d) The construction criteria for piers pursuant to Texas Natural Resources Code § 33.115 shall include the following:(1) Consistency with residential pier construction requirements established by the GLO, which are updated periodically and available online at the GLO website.(2) Only one pier may extend from each defined parcel of littoral property.(3) Appurtenances are limited to those established by the GLO as normal appurtenances.(4) A pier or dock shall extend perpendicular from a point on the shoreline, which is not less than ten feet from the adjacent littoral property line, unless such a design: (A) would obstruct navigation; or(B) would unreasonably interfere with an adjoining littoral property owner's use of the waterfront.(e) Notwithstanding the provisions of subsection (d) of this section, the Commissioner, at his discretion, may authorize the registration of non-commercial pier structures, pursuant to Texas Natural Resources Code § 33.115.(f) Any person registering a structure or pier pursuant to this section agrees and consents to the following: (1) to maintain the structure or pier in the proper condition and not allow it to deteriorate to such a degree as to become a hazard or public nuisance;(2) to notify the GLO upon a change of ownership, or property interest, in the adjacent littoral property within 30 days of such change;(3) to comply with and be bound by all terms and conditions of the structure registration form provided by the GLO; and(4) to record the GLO provided memorandum in the County Deed Records in which the littoral property lies.(g) In the event a pier or structure has been registered pursuant to subsection (a), (b), (d), or (e) of this section and the littoral owner subsequently desires to make modifications or additions or rebuild the pier or structure, the littoral owner shall obtain either a new easement or lease, or a new registration pursuant to Texas Natural Resources Code § 33.115 in lieu of the prior registration.(h) To the greatest extent possible, the littoral owner shall construct a pier, pursuant to Texas Natural Resources Code § 33.115, in a manner that avoids existing marshes, oyster reefs, sea grass or shallow water capable of supporting these habitats. Impact to sensitive habitats that cannot be avoided shall be minimized to the greatest extent possible.31 Tex. Admin. Code § 155.5
The provisions of this §155.5 adopted to be effective August 1, 2001, 26 TexReg 5664; amended to be effective October 23, 2005, 30 TexReg 6772; amended to be effective September 1, 2008, 33 TexReg 6947; amended to be effective February 3, 2013, 38 TexReg 382; Amended by Texas Register, Volume 45, Number 38, September 18, 2020, TexReg 6595, eff. 9/21/2020; Amended by Texas Register, Volume 47, Number 25, June 24, 2022, TexReg 3692, eff. 7/3/2022