Presentation to Galveston City Council John Lee Jr. Coastal Strategies Group Thursday, May 14, 2015 Review of the City of Galveston Erosion Response Plan

Presentation Summary Table of Contents followed by Section Resource Guide 10 Sections in the Notebook Section 1-Acknowledgements Section 2-Executive Summary Section 3-Background Review ( 15.17/ERP Overview/Fact Sheet) Section 4-Comparison Matrix Section 5-Impacts of Implementation (Properties/Permits/Changes) Section 6-CEPRA Funding / GLO Administered Grants Section 7-Near Term Strategies (29-54/29-90/ASCE 24-05) Section 8-Mid-Range Strategies (Article 4) Section 9-Extensive Implementation Strategies Section 10-Copies of Certified ERP’s on Flash Drive

Section 1 Acknowledgements Thank You The City of Galveston City Council Industrial Development Corporation City of Galveston Staff Texas General Land Office Coastal Surveying of Texas High Tide Land Surveying HDR Engineering

Section 2 Executive Summary Briefly summarizes each Deliverable Area Section 3 Background Review ERP Requirements / Meetings / §15.17 / Overview / 2012 Fact Sheet

Section 4 Comparison Matrix 13 Jurisdictions have Plans Brazoria County includes:Village of Surfside, City of Freeport Town of Quintana, Brazoria County Nueces County and City of Corpus Christi have a Joint Plan Chambers and Jefferson County are geographically exempted Cameron County does not have an ERP (Non-Compliant with 15.17) [Withdrawn] Matagorda and Brazoria viewed as most strict (extends to 1,000ft.) Galveston County (52) / City of Galveston (46) Beach Access Points Enhanced Construction Zone unique to Galveston- § Setback

Section 4 Comparison Matrix Plan Differences  City of Galveston first to approve, have certified, effective ERP  Brazoria County and included cities allowed to have enclosures below BFE due to large setback area. City of Galveston, Galveston County, City of Jamaica Beach have similar ERP’s due to existing development.  Dune Conservation Area / Enhanced Construction Zone unique to Galveston.

Section 5 Implementation Impacts 211Properties within Dune Conservation Area 804Properties Within the Enhanced Construction Area 1,015Total parcels within DCA / ECZ Does not include 63 Jamaica Beach or State Park 29,663 Total Parcels in City (~3.6% of Total) City of Galveston averages 150 Beachfront Construction Permits Per Year Since Hurricane Ike or ~ 2.1%-3.2% of the ~6,928 Building Permits issued each year since Hurricane Ike

Section 5 Implementation Impacts Slides 8-12 No.Plan Location Item ERP Requirement Existing Regulation Status 1. Pg. 13; Section 3.1 Definitions Add definition for “Dune Conservation Area” “Enhanced Construction Area” and “Payment-in-Lieu” Not in 29-54; Approved by Council during ERP process. Add to Definitions. Previously approved by Council with ERP adoption. Administrative Amendment 2. Pg. 14; Section 3.2 Mapping Establish procedures for applicants surveying and mapping of seaward and landward limits of Dune Conservation Area and Enhanced Construction Zone Not existing in Approved by Council during ERP Information available on City of Galveston website; local survey companies are including reference lines on documents. 3. Pg. 14; Section 3.2 MappingCity will investigate the feasibility of instituting a long- term survey program Not a regulation- Administrative management function. Required by FEMA- maintain “engineered beach” Ongoing at the present time. Jamaica Beach / Park Board / Galveston begun 2 nd year of 4 year program 4. Pg. 15; Section 4.1 Construction within or Seaward of Dune Conservation Area Amend regulations to prohibit construction within or seaward of Dune Conservation Area and provide for exemptions for new construction and renovations Not existing in 29-90; Requirement approved by Council during ERP Add to Previously approved by Council with ERP adoption. Administrative Amendment 5. Pg. 15; Section 4.2 Consideration of Exemptions Amend regulations to allow property owners to request an exemption from the prohibition on construction within or seaward of the Dune Conservation Area Approved by Council with ERPPermissive; allows property owners to build on their property 6. Pg. 16; Beachfront Construction permits landward of Dune Conservation Area Amend regulations to reflect Beachfront Construction Certificates for construction activity landward of the Dune Conservation Area will be issued by the Department of Planning and Community Development. Administrative ProcedurePreviously approved by Council with ERP adoption. Possible for inclusion in Administrative amendment 7. Pg. 16; Beachfront Construction permits within or seaward of Dune Conservation Area Amend regulations to reflect Beachfront Construction Certificates for construction activity within or seaward of the Dune Conservation Area will be reviewed by Dept. of Planning and issued by the Planning Commission Administrative ProcedurePreviously approved by Council with ERP adoption. Possible for inclusion in Administrative amendment 8.Pg. 16; Section 5 Mitigation Planning Applicant shall prepare a comprehensive mitigation planExisting in 29-90(b); 29-90(l)Not a new requirement 9.Pg. 16; Section 5 Prohibited Activities Construction shall not involve a prohibited activityExisting in 29-90(j)Not a new requirement

Section 5 Implementation Impacts No.Plan Location Item ERP Requirement Existing Regulation Status 10. Pg. 16; Section 5 Prohibited Activities Proposed construction shall not materially weaken dunes or materially damage dune vegetation Existing in 29-90(k)Not a new requirement 11. Pg. 16; Section 5 Dune Protection and Restoration Proposed construction shall be located as far landward as practicable Required as part of ERP 15.17; Addressed in 29-90(i) Not a new requirement 12. Pg. 16; Section 5 Dune Protection and Restoration Enclosures below BFE No ground-level enclosures below base flood elevation (BFE) shall be allowed in the Dune Conservation Area. New Requirement. Currently City Building staff enforces FEMA minimum (#23 below) and recommends 3ft. freeboard Dune Conservation Area located at 25ft. landward of north toe of dune 13. Pg ; Section 5 Dune Protection and Restoration Hydrology Proposed construction shall be designed to minimize impacts to natural hydrology and provide for the gradual and dispersed drainage of storm water runoff, such that runoff within the lot approximates natural rates, volumes, and direction of flow to avoid erosion and dune damage Requirement of ERP §15.17; but addressed in 29-90(b) and 29-90(k) Not a new requirement 14. Pg. 17; Section 5; Dune Protection and Restoration Removal or Destruction of vegetation Proposed construction shall not result in the removal or destruction of vegetation or alteration of existing topography unless otherwise unavoidable during construction. Requirement of ERP §15.17; existing in 29-90(c) Not a new requirement 15. Pg. 17; Section 5; Dune Protection and Restoration Dune enhancement / Restoration project Prior to the commencement of proposed construction, a dune enhancement or restoration project consistent with … man-made dunes in Section shall be completed Existing in 29-90(b); 29-90(l). Requires prior construction. Mitigation is a long standing component of Dune Protection Act. Not a new requirement Not a new requirement. However, it is a sequencing change 16. Pg. 17; Section 5; Dune Protection and Restoration Payment of fee in lieu In cases where completion of an enhancement or restoration project is deemed infeasible due to site constraints as determined by the Department of Planning and Community Development, payment of a “fee-in-lieu” of satisfying the requirement shall be made to the City. New requirement; Unique in state. Add definition of “Payment-in-lieu” to Section Permissive. Grants flexibility to property owners for use of property within the Dune Conservation Area or Enhanced Construction Area.

Section 5 Implementation Impacts No.Plan Location Item ERP Requirement Existing Regulation Status 17. Pg. 18; Section 5; Site Building and Design Minimize extent of paved area Paving or altering of sites is prohibited in the area seaward of 25 feet from the north toe of an existing or restored (man-made) dune Existing in 29-90(j) and 29-90(m)Not a new requirement 18. Pg. 18; Section 5; Site Building and Design Minimize extent of paved area 4ft. x 4ft. sections Paving used under the habitable structure and for driveway(s) connecting the habitable structure and the street is limited to the use of 4 foot by 4 foot sections of fibrous reinforced concrete in lieu of steel reinforcement Existing in 29-90(j) and 29-90(m)Not a new requirement 19. Pg. 18; Section 5; Site Building and Design Minimize extent of paved area $200 Fee City shall assess a “Fibrous Reinforced Concrete Maintenance Fee” of $ to be used to pay for the clean-up of fibrous reinforced concrete from the public beaches should the need arise. Existing in 29-90(j) and 29-90(m)Not a new requirement 20. Pg. 17; Section 5; Site Building and Design Minimize extent of paved area Driveways Driveways are limited to the linear width of the primary structure, along the main street, and a minimum of 15% of the front yard must be maintained as open/unimproved area. Existing in 29-90(j) and 29-90(m)Not a new requirement 21. Pg. 17; Section 5; Site Building and Design Minimize extent paved area. Large scale construction Impervious surfaces shall be limited to 40% of the area landward of the Dune Conservation Area. Impervious surfaces addressed in 29-90(j) and 29-90(m). Quantity percentage new requirement Existing in 29-90(j) and 29-90(m). Present does not include 40%. 22. Pg. 18; Section 5; Site Building and Design Minimize extent paved area. Plans Plans and certifications for proposed structures shall be sealed by a registered professional engineer licensed in the State of Texas Adequacy of elevated buildings ASCE Engineer certification/seal and registration number current requirement to obtain a Building Permit New requirement for ASCE Add to engineer certification. 23. Pg. 18; Section 5; Site Building and Design Minimize extent paved area. Structures/Enclosures Structures are elevated and enclosures below BFE are in conformance with the FEMA requirements for building in Flood Hazard Areas and the City’s Flood Prevention Ordinance Requirement of ERP §15.17; but existing in 29-90(m). Financial assurance required to be “letter of credit,…bond… acceptable to the City” Not a new requirement.

Section 5 Implementation Impacts No.Plan Location Item ERP Requirement Existing Regulation Status 24. Pg. 18; Section 5; Beach Access ADA accessibility All developments, other than single-family habitable structures on previously platted lots, shall provide an accessible-public beach access walkover that complies with Texas Department of Licensing and Regulation Standards. Dune walkover addressed in 29-90(e).Currently required to obtain a Building Permit per permit application form 25. Pg. 18; Section 5; Plat Notation Subdivisions plat approval after April 12, 2012 All new subdivisions of land submitted for plat approval after April 12, 2012 shall contain a note on the plat advising of the location of the property within the Dune Conservation Area, and that reads substantially as follows: “The lots or parcels shown on this plat may be located within the Dune Conservation Area and may be subject to more stringent building requirements or limitations under State of Texas or City of Galveston regulations.” New requirement per ERP Rule §15.17Administrative 26. Pg. 18; Section 5; Plat Notation Land not required to be platted prior April 12, 2012 For land not required to be platted, prior to the issuance of a building permit for construction of a residential structure or use on property located within the Dune Conservation Area that has been platted prior to April 12, 2012, or that is otherwise not required to be platted, an affidavit in the form prescribed by the city shall be executed by the owners of the property setting forth notice language as described above." New requirement per ERP Rule §15.17Administrative 27. Pg. 20; Section 6.2; Beach Access Construction Methods City will adopt by reference the beach access and walkover construction standards provided in the GLO’s Dune Protection and Improvement Manual for the Gulf Coast (Dune Manual) Not an ERP requirement. Recommended administrative practice. Dune manual reflects Dune Protection Act requirements. Land Office recommends utilizing the Dune Manual. Currently an existing common practice to use Dune Manual as a reference tool.

Section 5 Implementation Impacts No.Plan Location Item ERP Requirement Existing Regulation Status 28. Pgs ; Beach Access Goals Priorities, Implementation Schedule, & Funding Sources Document existing and planned beach access improvements; signage, New requirement of ERP requirement to identify beach access goals. However, improvements are dependent on future funding availability City of Galveston and Galveston Park Board have executed an inter-local agreement for west Galveston beach access points 29. Pg. 23; Post storm assessment proceduresThe updated Beach Access Inventory and Evaluation, documents public funded beach access improvements/amenities, used as the basis for conducting assessments of beach access conditions and improvements immediately following significant meteorological events. Currently a review of existing amenities is required following a significant meteorological event. §15.7 requires reviews following meteorological events Not a new requirement. Both FEMA and existing state rules require post event assessment. Beach and Dune Plans, ERP’s are required to be reviewed post storm and a minimum of every 5 years. 30. Pg. 24; Section 7; Definition of and Criteria for Restored (Man-Made) Dunes Man-made dunes criteria minimum thresholds listedSection definition of man-made duneCouncil previously approved definition of man-made dune; included in Section Pg. 24; Section 7; Definition of and Criteria for Restored (Man-Made) Dunes Requirement of Dune Restoration project City will revise existing regulations to require dune restoration projects as a condition for approval of exemptions for development within the Dune Conservation Area. Mitigation of dune impacts (at a 1:1 ratio) presently required under 29-90(b) and (l). See item #16 above. Not a new requirement. Mitigation of dune impacts is a mandatory requirement to obtain a beachfront construction permit 32. Pg. 25; Section 7.1; Dune vegetation standardsCity will amend existing regulations to reference dune vegetation best practices in the GLO’s Dune Manual. Please see item #27 aboveNot a new requirement; Land Office restricts vegetation used in dunes. 33. Pg. 25; Section 7.2; Enhanced Dune Protection Measures for existing structures “The following prohibitions are in place and will be amended to reference the potential for development within the Dune Conservation Area” Current regulations existing in Sections (j)(6) and (7) Not a new requirement 34. Pg ; Section 7.3; Dune Goals, Implementation Schedule, and Funding Sources Documents goals for existing and potential future dunes, possible projects Documentation complete in existing ERP. Access points and amenities also documented in existing Utilize existing Council approved ERP as planning baseline 35. Pgs ; Section 8; Voluntary Acquisition of property Establishes criteria recommendations for use as a Planning tool for potential property acquisitions Documentation complete in existing ERP.Utilize existing Council approved ERP as planning baseline

Section 6 CEPRA / GLO Administered Grant Funds The Land Office Administers Multiple Grant Funding Sources: CIAPCoastal Impact Assistance Program GOMESAGulf of Mexico Energy Security Act CMPCoastal Management Program BMRPBeach Maintenance Reimbursement Program CDBGCommunity Development Block Grant- Disaster Recovery

Section 7 Near Term Implementation Strategies Dedicated Staffing-Coastal Resource Manager Inter-local Coordination-Park Board assistance to monitor WGI access Include Definitions:Dune Conservation Area Dune Conservation Area Limits Enhanced Construction Zone Enhanced Construction Zone Limits Payment of a Fee-in-Lieu Practicable (consistent definition) Section 7; pgs. 3-5Recommend language changes detailed in Section 5

Section 7 Near Term Implementation Strategies Approach: Two-Step Process First begin administrative amendment coordination with GLO Revisions as presented, include possible beach user fee increases Recommend developing one single document entitled: City of Galveston Dune Protection and Beach Access Plan Don’t address parking, bollard location, dune protection line, etc. Second, as administrative amendment proceeds, begin discussion on more detailed issues- parking, bollards, dune protection line, access points etc.

Section 8 Mid-Range Implementation Strategies City Staffing-To improve on-site inspections and compliance visits a combined approach might be successful by providing Beachfront Construction training to existing Building Inspectors. Already conducting site visits Result in a staffing multiplier Article 4-Dune Protection and Beachfront Construction

Section 9 Extensive Implementation Strategies Extensive Strategies are inter-related and often conflicting Issues include off beach parking, access point location, services provided, dune protection line changes/movement Development of grant applications to fund potential improvements, access point relocation / redesign, and legislative language changes While not specifically included in the ERP, a long term goal to protect the north shoreline of Galveston Island from erosion due to subsidence, boat wakes, propeller wash, and possible relative sea level rise

Section 10 Currently Certified Erosion Response Plans Please see the included flash drive for electronic copies of: LocationAdoptedEffective City of Galveston4/12/201212/02/2012 Brazoria County7/03/20123/07/2013 Village of Surfside Beach6/29/20123/07/2013 Town of Quintana8/11/20123/27/2013 City of Freeport10/15/20123/27/2013 City of Corpus Christi6/26/20122/26/2013 Nueces County6/27/20122/26/2013 City of Jamaica Beach7/16/20122/20/2013 City of Port Aransas8/16/20123/03/2013 City of South Padre Island8/01/20124/17/2013 Galveston County8/07/20123/03/2013 Matagorda County1/28/20136/23/2013 Cameron CountyWithdrawn Non-conforming to § 15.17

Questions? Thank You Again for the Opportunity to be of Assistance to the City of Galveston John Lee Jr., Managing Director Coastal Strategies Group, LLC Phone: Address:P.O. Box 404 High Island, TX COASTAL STRATEGIES GROUP, LLC A STRATEGIC APPROACH FOR SUCCESS