(a) No person may undertake an action relating to erosion response on or immediately landward of a public beach or submerged land until the person has conducted and filed a coastal boundary survey with the Land Office in accordance with Texas Natural Resources Code, §33.136.
  (1) If a coastal boundary survey for the area of an erosion response project that may be funded from the coastal erosion response account has previously been approved and filed with the Records and Archives Division of the Land Office, upon the request of the qualified project partner the Land Office shall determine whether that survey adequately reflects current conditions. If the survey adequately reflects current conditions, the Land Office may determine that a new coastal boundary survey is not required before the project is constructed. The decision of whether a new survey is required before construction of an erosion response project is in the sole discretion of the Land Office.
  (2) The boundary depicted on any coastal boundary survey that is required before funding a project from the coastal erosion response account shall be delineated according to the law under which the upland property was originally granted by the sovereign.
(b) A coastal erosion response project on permanent school fund land may not be undertaken without obtaining the written consent of the school land board in accordance with Texas Natural Resources Code, §33.609.
(c) A coastal erosion response project on private property other than that encumbered by the common law rights of the public affirmed by Texas Natural Resources Code, Chapter 61, may not be undertaken without obtaining the consent of the property owner in accordance with Texas Natural Resources Code, §33.609.

Source Note: The provisions of this §15.43 adopted to be effective July 9, 2003, 28 TexReg 5196