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

Attorney General

Supreme Court Building
P. 0. Box 12548
Austin, TX. 78711- 2548
Telex 910/874-1367
Telecopler 512/475-0266
714 Jackson, Suite 700
Dallas, TX. 75202-4506
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
1001 Texas, Suite 700
Houston, TX. 77002-3111
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
200 Main Plaza, SuIte 400
San Antonio, TX. 78205-2797
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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?