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Funding, Regulatory, and Private Property Right Issues Encountered by a Small Coastal Community

Funding, Regulatory, and Private Property Right Issues Encountered by a Small Coastal Community. Village of Surfside Beach Brazoria County, Texas. General Law city 763 permanent residents per 2000 census 3000 to 5000 beachgoers per week during summer season

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Funding, Regulatory, and Private Property Right Issues Encountered by a Small Coastal Community

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  1. Funding, Regulatory, and Private Property Right Issues Encountered by a Small Coastal Community

  2. Village of Surfside BeachBrazoria County, Texas • General Law city • 763 permanent residents per 2000 census • 3000 to 5000 beachgoers per week during summer season • Four (4) miles of maintained beach within Village limits • 1000 structures • Economy is tourism • 1996 to 2007 - 9 named events and several un-named • FEMA Public assistance on 3 named events 1998 - 2005 • 3800 linear foot area adjacent to Freeport Jetties eroding 10 to 13 feet per year

  3. Issues • Accelerated erosion over the past 5 years • Non - compliance with the Open Beaches Act • Public Access • Hard Structures on the public beach seaward of the line of vegetation • Environmental issues • USACE and Texas General Land Office (GLO) permits • Funding • Small budget in dealing with grant matches • Private Property Rights • Law suits against the State of Texas and the Village

  4. Accelerated Erosion50,000 cubic yards of sand per year 300,000 cubic yards over the last five years

  5. Non-compliance withTexas Open Beaches ActHard Structures on the Beach and Public Access Bulkheads, Rip Rap, Structures

  6. Funding • Coastal Erosion Protection Response Act (CEPRA) • Regulated by the Texas General Land Office • Coastal Impact Assistance Program (CIAP) • Regulated by the Texas General Land Office • FEMA Public Assistance • Regulated by FEMA and Texas Dept. of Emergency Management (DEM) • Hazard Mitigation Grant (HMG) • Regulated by FEMA and Texas Dept. of Emergency Management (DEM) • Office of Rural Community Affairs (ORCA) • Regulated under Texas Community Development Block Grant Program (TxCDBG)

  7. Private Property Rights • Fair compensation for removal and loss of property • Argument of natural erosion vs. man made erosion • Definition of “rolling easement” • Restoration of utilities • Ability to make repairs • Attorney fees and loss of rental revenue • Law suits against the Texas General Land Office • Law suits against the Village of Surfside Beach

  8. Tropical Storm Josephine Oct. ‘96 No emergency rules from the GLO Repairs of structures and septic systems were allowed which set a precedent in the eyes of the home owners for following events

  9. Tropical Storm Frances Sept. ‘98 • Emergency rules put into effect by GLO • Certain repairs were allowed • 16 homes without septic were tagged as uninhabitable • Declared a disaster and FEMA Public Assistance made available • Project Work Order for beach re-nourishment • Village put in Sewer System Phase I for affected area a year later with monies assessed to affected property owners and using CDBG funds

  10. 1999 through 2001 Removal of 2 structures using ORCA and Local funding CEPRA I 1999 & CEPRA II 2001 Beach Renourishment and Sand Fencing Projects using FEMA PW’s as match

  11. Tropical Storm Fay Sept. 2002 Continued Erosion Emergency Rules for Repairs

  12. Hurricane ClaudetteJuly 2003 • Emergency rules for repairs • Declared a disaster • FEMA PA funding available • Project Work Order for beach re-nourishment • Improved Project Work Order for shoreline protection • CEPRA III funding applied for as 25% match

  13. Hurricane Ivan Sept 2004

  14. Hurricane Katrina 2005 Breached a bulkhead Major erosion Undermining of slabs of houses on the beach Exposed debris Emergency Rules filed by Texas General Land Office

  15. Hurricane Rita Sept 2005 • Extreme erosion and loss of elevation • Breached bulkhead gone and more debris exposed • Major structural repairs required • Additional erosion and debris exposed from effects of Hurricane Stan two weeks later • Declared disaster FEMA Public Assistance • FEMA PW for $650,997 Beach Re-nourishment • CEPRA IV $2.3M beach re-nourishment funds withdrawn due to dramatic change in beach • CIAP funds for walkover repairs • Applied to ORCA & HMG for acquisition of structures seaward of the line of vegetation

  16. Hurricane Rita

  17. Village of Surfside Beach, Texas • 37 Homes on public beach to be removed under Texas General Land Office Moratorium Order

  18. Oct. 2006 – un-named event • Two (2) days of extreme bull tides • Remaining bulkhead breached • Continued erosion and loss of elevation • Infrastructure lost - water line and sewer lines • Lost 15 feet of the seaward shoulder along Beach Drive • Placed $44,000 of rock to protect remaining street • No emergency rules except temporary repair of stairs for access to remove property • No FEMA assistance

  19. October Un-named Event

  20. Projects • CEPRA grant for debris removal – $187,500 • HMG project for acquisition of 14 structures located seaward of LOV – $562,500 • ORCA grant for acquisition match – $130,000 • CEPRA IV grant for demolition and debris removal – $74,809 • GLO implemented “Relocation/Removal” CEPRA program for property owners of up to $50,000 • FEMA improved project for shoreline protection • Revetment wall to protect the street and infrastructure

  21. CEPRA IV Grant – Debris Removal

  22. Hazard Mitigation Grant Projectfor acquisition of 14 structureslocated seaward of the line of vegetation

  23. ORCA Grant used to match the HMG Grant and CEPRA IV funds used for demolition/debris removal costs - 100% funded

  24. Texas General Land OfficeCEPRA IV ProjectRelocation of Structures

  25. Status of Projects • 37 structures ordered to be removed • HMG/ORCA/CEPRA Grants - Nine (9) of the fourteen (14) structures were acquired and demolished • Eleven structures relocated under GLO program • Debris and bulkheads removed • FEMA PW for shoreline protection – revetment wall to protect Beach Drive approved $1,529,474

  26. Federal, State, and Local Law Suits • Plaintiffs lost suit against the State and Village in Galveston District Federal Court • Plaintiffs lost suit against the State and Village in Brazoria County District Court • Removal of structures ordered • GLO offering CEPRA V “Relocation/Removal” grants to property owners of up to $50,000 • To date three property owners have applied • Village requested additional funding from HMG for further acquisition/demolition under Waco Disaster and NOI accepted with offer to apply for funds

  27. Solutions • Removal of all structures • Have a USACE permit in place and/or a letter stating they have no jurisdiction in project area • Environmental studies and surveys in place • Placement of revetment to protect infrastructure • Feasibility study for a long term solution • Large beach re-nourishment project • Funding for a 3 to 5 year beach re-nourishment plan • Near shore structure to contain sediment

  28. Surfside BeachJuly 1995

  29. September 2006 accelerated erosion continues

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