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

Funding, Regulatory, and Private Property Right Issues Encountered

by a Small Coastal Community

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Village of Surfside BeachBrazoria County, Texas

General Law city 763 permanent residents per 2000 census3000 to 5000 beachgoers per week during summer

seasonFour (4) miles of maintained beach within Village limits1000 structuresEconomy is tourism1996 to 2007 - 9 named events and several un-namedFEMA Public assistance on 3 named events 1998 -

20053800 linear foot area adjacent to Freeport Jetties

eroding 10 to 13 feet per year2

IssuesAccelerated erosion over the past 5 yearsNon - compliance with the Open Beaches Act

Public AccessHard Structures on the public beach seaward of the

line of vegetationEnvironmental issuesUSACE and Texas General Land Office (GLO)

permitsFunding

Small budget in dealing with grant matchesPrivate Property Rights

Law suits against the State of Texas and the Village3

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

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Non-compliance withTexas Open Beaches Act

Hard Structures on the Beach and Public Access

Bulkheads, Rip Rap, Structures5

FundingCoastal Erosion Protection Response Act (CEPRA)

Regulated by the Texas General Land OfficeCoastal Impact Assistance Program (CIAP)

Regulated by the Texas General Land OfficeFEMA 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)

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Private Property RightsFair compensation for removal and loss of propertyArgument of natural erosion vs. man made erosionDefinition of “rolling easement”Restoration of utilitiesAbility to make repairsAttorney fees and loss of rental revenueLaw suits against the Texas General Land OfficeLaw suits against the Village of Surfside Beach

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Tropical Storm Josephine Oct. ‘96No emergency rulesfrom the GLO

Repairs of structures and septic systems were allowed which set a precedent in the eyes of the home owners for following events

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Tropical Storm Frances Sept. ‘98Emergency rules put into effect by GLOCertain repairs were allowed16 homes without septic were tagged as uninhabitableDeclared a disaster and FEMA Public Assistance made

availableProject 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

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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

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

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Hurricane ClaudetteJuly 2003

Emergency rules for repairs

Declared a disasterFEMA 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

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Hurricane Ivan Sept 2004

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Hurricane Katrina 2005Breached a

bulkheadMajor erosionUndermining of

slabs of houses on the beach

Exposed debrisEmergency

Rules filed by Texas General Land Office

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Hurricane Rita Sept 2005Extreme erosion and loss of elevationBreached bulkhead gone and more debris

exposedMajor structural repairs requiredAdditional erosion and debris exposed from

effects of Hurricane Stan two weeks laterDeclared disaster FEMA Public AssistanceFEMA PW for $650,997 Beach Re-nourishmentCEPRA IV $2.3M beach re-nourishment funds

withdrawn due to dramatic change in beachCIAP funds for walkover repairsApplied to ORCA & HMG for acquisition of

structures seaward of the line of vegetation15

Hurricane Rita

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Village of Surfside Beach, Texas

37 Homes on public

beach to be removed

under Texas General Land

Office Moratorium

Order

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Oct. 2006 – un-named eventTwo (2) days of extreme bull tidesRemaining bulkhead breachedContinued erosion and loss of elevationInfrastructure lost - water line and sewer linesLost 15 feet of the seaward shoulder along

Beach DrivePlaced $44,000 of rock to protect remaining

streetNo emergency rules except temporary repair of

stairs for access to remove propertyNo FEMA assistance

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October Un-named Event

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ProjectsCEPRA grant for debris removal – $187,500HMG project for acquisition of 14 structures

located seaward of LOV – $562,500ORCA grant for acquisition match – $130,000CEPRA IV grant for demolition and debris

removal – $74,809GLO implemented “Relocation/Removal” CEPRA

program for property owners of up to $50,000FEMA improved project for shoreline protection

Revetment wall to protect the street and infrastructure

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CEPRA IV Grant – Debris Removal

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Hazard Mitigation Grant Projectfor acquisition of 14 structures

located seaward of the line of vegetation

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ORCA Grant used to match the HMG Grant and CEPRA IV funds used for demolition/debris

removal costs - 100% funded

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Texas General Land OfficeCEPRA IV Project

Relocation of Structures

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Status of Projects37 structures ordered to be removedHMG/ORCA/CEPRA Grants - Nine (9) of the

fourteen (14) structures were acquired and demolished

Eleven structures relocated under GLO program

Debris and bulkheads removedFEMA PW for shoreline protection – revetment

wall to protect Beach Drive approved $1,529,474

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Federal, State, and Local Law SuitsPlaintiffs lost suit against the State and Village in

Galveston District Federal CourtPlaintiffs lost suit against the State and Village in

Brazoria County District CourtRemoval of structures orderedGLO offering CEPRA V “Relocation/Removal”

grants to property owners of up to $50,000To date three property owners have appliedVillage requested additional funding from HMG for

further acquisition/demolition under Waco Disaster and NOI accepted with offer to apply for funds

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SolutionsRemoval of all structuresHave a USACE permit in place and/or a letter

stating they have no jurisdiction in project areaEnvironmental studies and surveys in placePlacement of revetment to protect infrastructureFeasibility study for a long term solutionLarge beach re-nourishment project

Funding for a 3 to 5 year beach re-nourishment plan

Near shore structure to contain sediment

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Surfside BeachJuly 1995

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September 2006 accelerated erosion continues

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