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