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1984-1985 Texas Attorney General Reports and Opinions 1102 (1984-1985)

handle is hein.sag/sagtx0024 and id is 1 raw text is: The Attorney General of Texas December 13, 1984 JIM MATTOX Attorney General Supreme Court Building P. 0. Box 12548 Austin, TX. 78711- 2548 512/475-2501 Telex 910/874-1367 Telecopler 512/475-0266 714 Jackson, Suite 700 Dallas, TX. 75202-4506 214/742-8944 4824 Alberta Ave., Suite 160 El Paso, TX. 79905-2793 915/533-3484 1001 Texas, Suite 700 Houston, TX. 77002-3111 713/223-5886 806 Broadway, Suite 312 Lubbock, TX. 79401-3479 806/747-5238 4309 N. Tenth, Suite B McAllen, TX. 78501-1685 512/682-4547 200 Main Plaza, SuIte 400 San Antonio, TX. 78205-2797 512/225-4191 An Equal Opportunity/ Affirmative Action Employer Honorable Jim Mapel Criminal District Attorney Brazoria County Courthouse Angleton, Texas 77515 Opinion No. JM-246 Re: Whether Brazoria County may establish a dune protection line along its coast pursuant to section 63.011 of the Natural Resources Code Dear Mr. Mapel: You have requested our opinion as to whether Brazoria County is authorized to establish a dune protection line along its entire coast. Section 63.011 of the Natural Resources Code provides: After notice and hearing, the commissioners court of any couaty bordering on the Gulf of Mexico that has within its boundaries a barrier island or peninsula located north of the Mansfield Ship Channel may establish a dune protection line on the island or peninsula for the purpose of preserving sand dunes that offer t defense against storm water and erosion of the shoreline. Barrie- island is defined as an island bordering on the Gulf of Mexico and entirely surrounded by water. Section 63.002(2). Brazoria County borders on the Gulf of Mexico and is located north of the Mansfield Ship Channel. The intercoastal canal runs the length of Brazoria County, several miles inland from the Gulf. You suggest that the intercoastal canal in a sense makes a barrier island of the entire county coastline. In order to accept this argument as valid, we would have to construe water in section 63.002(2) to include a man-made body of water such as the canal. Dr. Robert Morton, associate director of the University of Texas Bureau of Economic Geology, and an internationally known expert on coastal geology who has frequently testified as an expert witness for this office, has furnished information to us which indicates that a barrier island, in geological terms, is a land form which fronts on an open ocean, and which is normally bounded landward by a lagoon or estuary. Dr. Morton emphasizes that a barrier island is a naturally occurring geological form created by erosion over a period of time. p. 1102

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