By: Patterson S.B. No. 1339
A BILL TO BE ENTITLED
AN ACT
1-1 relating to coastal erosion.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter H, Chapter 33, Natural Resources Code,
1-4 is amended to read as follows:
1-5 SUBCHAPTER H. COASTAL EROSION
1-6 Sec. 33.601. SHORT TITLE [Coastal Erosion Duties and
1-7 Authority]. This subchapter may be known and cited as the "Coastal
1-8 Erosion Planning and Response Act." [(a) The land office shall
1-9 act as the lead agency for the coordination of coastal erosion
1-10 avoidance, remediation, and planning. The commissioner shall
1-11 ensure that erosion avoidance, remediation, and planning protect
1-12 the common law rights of the public in public beaches as affirmed
1-13 by Subchapter B, Chapter 61 of this code.]
1-14 [(b) The commissioner shall, in coordination with state and
1-15 federal agencies and local governments, promulgate rules,
1-16 recommendations, standards, and guidelines for erosion avoidance
1-17 and remediation and for prioritizing critical coastal erosion
1-18 areas. The commissioner shall identify critical coastal erosion
1-19 areas and establish recommendations, standards, and guidelines for
1-20 coastal erosion avoidance and remediation in those areas.]
1-21 Sec. 33.602. DEFINITIONS [COASTAL EROSION PROJECTS]. In
1-22 this subchapter:
1-23 (1) "Coastal zone" means coastal territory delineated
2-1 by the boundary established under Section 33.2053(k).
2-2 (2) "Critically eroding area" means an area in the
2-3 coastal zone that is experiencing a historical erosion rate, as
2-4 identified by the most recently published data of the Bureau of
2-5 Economic Geology of The University of Texas at Austin, that the
2-6 commissioner considers a threat to public health, safety, or
2-7 welfare, public infrastructure, areas of national importance,
2-8 public beach access and recreation, traffic safety, private
2-9 property, or fish and wildlife habitat.
2-10 (3) "Emergency" means an unusual incident resulting
2-11 from natural causes that the commissioner determines may endanger
2-12 the health, safety, or resources of the residents of the state,
2-13 including damage to or erosion of a public beach resulting from a
2-14 hurricane or major storm.
2-15 (4) "Erosion response" means an action intended to
2-16 address coastal erosion, mitigate the effect of coastal erosion, or
2-17 maintain or enhance beach stability or width, including beach
2-18 nourishment, sediment management, beneficial use of dredged
2-19 material, construction of breakwaters, dune creation or
2-20 enhancement, revegetation, or other action or method the
2-21 commissioner determines appropriate to address erosion or the
2-22 effect of coastal erosion. The term does not include construction
2-23 of a breakwater or bulkhead landward of the shoreline depicted on a
2-24 coastal boundary survey conducted under Section 33.609.
2-25 (5) "Fund" means the coastal erosion response fund
3-1 created under Section 33.604.
3-2 (6) "Local government" means a political subdivision
3-3 of the state.
3-4 (7) "Public beach" has the meaning assigned by Section
3-5 61.013 [(a) The land office shall engage in erosion demonstration
3-6 projects and studies in conjunction with other state agencies,
3-7 local governments, and federal agencies, including the United
3-8 States Army Corps of Engineers.]
3-9 [(b) Such projects and studies shall address the
3-10 feasibility, cost, and financing of different methods of avoiding,
3-11 slowing, or remedying coastal erosion, including but not limited to
3-12 the following:]
3-13 [(1) selective placement and stockpiling of
3-14 beach-quality dredged material where appropriate to replenish
3-15 eroded beach, bay, and dune areas;]
3-16 [(2) guidelines on grain size and toxicity level;]
3-17 [(3) establishment of beach nourishment projects as a
3-18 method of flood control;]
3-19 [(4) promoting the protection, revegetation, and
3-20 restoration of dunes;]
3-21 [(5) the planting of vegetation as a means of
3-22 inhibiting bayshore erosion and projects developing and cultivating
3-23 disease-resistant vegetation adapted to local conditions;]
3-24 [(6) decreasing the current deficiency in the sand
3-25 budget;]
4-1 [(7) the feasibility of constructing new dams,
4-2 jetties, groins, and other impoundment structures with sediment
4-3 bypassing systems;]
4-4 [(8) the feasibility of retrofitting existing
4-5 impoundment structures to allow sediment bypassing;]
4-6 [(9) estimating the quantity and quality of sediment
4-7 trapped by reservoirs and identification of the sediment sources;]
4-8 [(10) decreasing and eliminating human-induced
4-9 subsidence by means including, but not limited to, evaluating the
4-10 consequences of limiting groundwater withdrawals and maintaining
4-11 adequate pressure in hydrocarbon reservoirs, consistent with proper
4-12 petroleum reservoir engineering principles and applicable
4-13 regulatory requirements; and]
4-14 [(11) giving preference to and encouraging "soft"
4-15 methods of avoiding, slowing, or remedying erosion in lieu of
4-16 erecting hard or rigid shorefront structures].
4-17 Sec. 33.603. COASTAL EROSION PLANNING AND RESPONSE AUTHORITY
4-18 [GRANTS AND GIFTS]. (a) Contingent on legislative appropriation
4-19 for coastal erosion planning and response, the commissioner may
4-20 carry out any erosion response activity described in Section
4-21 33.605, including specific projects designed to inhibit or
4-22 remediate the effects of coastal erosion.
4-23 (b) The commissioner may adopt rules for erosion response in
4-24 the coastal zone.
4-25 (c) The commissioner may award grants from the fund to local
5-1 governments to carry out erosion response activities under this
5-2 subchapter.
5-3 (d) The commissioner may enter property in the coastal zone
5-4 in order to perform a survey required under Section 33.609.
5-5 (e) The commissioner shall develop a program to increase
5-6 public awareness through public education about the causes of
5-7 erosion, the consequences of erosion, the importance of barrier
5-8 islands, dunes, and bays as a natural defense against storms and
5-9 hurricanes, and erosion response techniques.
5-10 (f) An activity undertaken by the commissioner under this
5-11 subchapter does not impair littoral rights. An upland owner who,
5-12 because of erosion response activity undertaken by the
5-13 commissioner, ceases to hold title to land that extends to the
5-14 shoreline as altered by the erosion response is entitled to
5-15 continue to exercise all littoral rights possessed by that owner
5-16 before the date the erosion response commenced, including rights of
5-17 ingress, egress, boating, bathing, and fishing [The commissioner
5-18 may apply for, request, solicit, contract for, receive, and accept
5-19 gifts, grants, donations, and other assistance from any source to
5-20 carry out the powers and duties provided by this subchapter].
5-21 Sec. 33.604. COASTAL EROSION RESPONSE FUND [COASTAL EROSION
5-22 PUBLIC AWARENESS AND EDUCATION]. The coastal erosion response fund
5-23 is established in the state treasury to be used by the commissioner
5-24 to carry out the purposes of this subchapter. The fund consists of
5-25 all money appropriated for the purposes of this subchapter and all
6-1 money received by the commissioner from any other source for the
6-2 purpose of erosion response [(a) The land office shall be
6-3 responsible for and shall coordinate with other agencies to
6-4 increase public awareness through public education concerning the
6-5 causes of erosion; the consequences of erosion; the importance of
6-6 barrier islands, dunes, and bays as a natural defense against
6-7 storms and hurricanes; and erosion avoidance techniques.]
6-8 [(b) The commissioner, in cooperation with the University of
6-9 Texas Bureau of Economic Geology and local county and municipal
6-10 governments for each coastal county, shall jointly quantify the
6-11 erosion rates at each location along the shore of the Gulf of
6-12 Mexico, prepare a plan for establishing and implementing a building
6-13 set-back line that will accommodate a 50-year shoreline retreat,
6-14 and report back to the legislature with recommendations].
6-15 Sec. 33.605. USES OF THE FUND. (a) Money in the fund may
6-16 be used for:
6-17 (1) research, study, and identification of critically
6-18 eroding areas, the accumulation of other information necessary to
6-19 carry out the purposes of this subchapter, including information on
6-20 the causes of erosion and the location of sand sources for beach
6-21 nourishment, and the performance of sediment quality tests;
6-22 (2) planning and designing erosion response projects;
6-23 (3) construction, installation, and maintenance of
6-24 erosion response projects, including costs for supervision,
6-25 inspection, project management, and other activities essential to
7-1 successful project completion;
7-2 (4) preproject and postproject land surveys and
7-3 studies designed to inspect and monitor project performance,
7-4 shoreline change, impacts on natural resources, and other factors
7-5 the commissioner considers appropriate;
7-6 (5) obtaining a permit, easement, right-of-way,
7-7 right-of-entry, or other authorization necessary for successful
7-8 completion of an erosion response activity;
7-9 (6) removing an obstacle, impediment, or encroachment
7-10 from a public beach that interferes with free and unrestricted
7-11 public beach use, access, and enjoyment;
7-12 (7) responding to an emergency condition;
7-13 (8) funding grants to local governments in the coastal
7-14 zone for erosion response;
7-15 (9) participating in a federal erosion response
7-16 project;
7-17 (10) identifying short-term and long-term economic
7-18 costs and benefits of maintaining and improving beaches and other
7-19 critically eroding areas;
7-20 (11) contracting with a state university or agency to
7-21 effectuate the purposes of this subchapter;
7-22 (12) poststorm management planning and response and
7-23 restoration and redevelopment of the Texas coast after an
7-24 emergency; and
7-25 (13) any other action authorized by this subchapter.
8-1 (b) The commissioner's decision to pay for an erosion
8-2 response activity or award a grant under this subchapter must take
8-3 into account any existing or proposed erosion response activity in
8-4 the coastal zone, the impact on public or private property, cost,
8-5 needs in other critically eroding areas, the amount of money in the
8-6 fund, and any other factor relevant to the success of the proposed
8-7 activity.
8-8 Sec. 33.606. REPORT TO LEGISLATURE. At least once each
8-9 biennium, the commissioner shall submit to the legislature a
8-10 coastal erosion planning and response report that lists critically
8-11 eroding areas, proposed erosion response activities, estimated
8-12 funding required for each proposed activity, all erosion response
8-13 activities funded under this subchapter since the previous report,
8-14 the financial status of the fund, and the amount of money needed to
8-15 carry out the purposes of this subchapter over the next biennium.
8-16 Sec. 33.607. GRANTS TO LOCAL GOVERNMENTS. (a) A local
8-17 government in the coastal zone may apply to the commissioner for a
8-18 grant to pay for erosion response activities. An application, to
8-19 the extent applicable, must:
8-20 (1) briefly describe the proposed erosion response
8-21 activity and estimate the dates for commencement and completion;
8-22 (2) estimate the costs, including postproject
8-23 maintenance and monitoring costs, and identify the source of any
8-24 local government funding;
8-25 (3) evaluate scientifically the extent of erosion and
9-1 analyze the degree of threat to public health and safety, public
9-2 beach use and access, public and private property, areas of state
9-3 or national importance, or natural resources;
9-4 (4) evaluate scientifically the prospect for long-term
9-5 success of the proposed erosion response activity;
9-6 (5) describe the anticipated downdrift impact of the
9-7 proposed activity on property located outside the project area;
9-8 (6) summarize the long-term plan for monitoring and
9-9 maintenance of the proposed activity, including plans for poststorm
9-10 or emergency monitoring and maintenance;
9-11 (7) describe the availability and proximity of an
9-12 adequate source of beach-quality sand and the quality of sand to be
9-13 used;
9-14 (8) describe the anticipated impacts to the area from
9-15 which sand is mined, including updrift and downdrift;
9-16 (9) state the amount of the requested grant;
9-17 (10) describe the extent of commitment of local
9-18 government resources and financial need; and
9-19 (11) include any other information the commissioner
9-20 considers necessary to fully evaluate the grant application.
9-21 (b) A local government may use a grant from the fund as a
9-22 match in seeking other funding. If a local government uses a grant
9-23 from the fund as a match in seeking other funding and is later
9-24 reimbursed by another source, including another governmental
9-25 entity, the local government shall immediately reimburse the fund
10-1 the amount received, up to and including the amount of the original
10-2 grant.
10-3 (c) The commissioner may establish a cost-share requirement
10-4 for any proposed project or grant.
10-5 Sec. 33.608. GRANT APPROVAL. The commissioner may approve,
10-6 disapprove, or conditionally approve any grant application
10-7 submitted under Section 33.607. For each grant application, the
10-8 commissioner shall:
10-9 (1) determine whether the grant application is
10-10 approved, disapproved, or conditionally approved and shall notify
10-11 the applicant of the commissioner's determination;
10-12 (2) specify any grant condition, including any
10-13 deadline for an activity to be funded by the grant, any deadline
10-14 for commencement and completion, postactivity monitoring
10-15 requirements, and performance and filing of the survey required
10-16 under Section 33.609, and shall notify the applicant of the
10-17 determination; and
10-18 (3) specify any cost-share requirement.
10-19 Sec. 33.609. SURVEY REQUIREMENT. (a) Notwithstanding any
10-20 law to the contrary, a person may not undertake, in the coastal
10-21 zone, an action relating to erosion response that will cause or
10-22 contribute to shoreline alteration before the person has conducted
10-23 and filed a coastal boundary survey in the same manner as the
10-24 survey of public land required by Chapter 21 and any applicable
10-25 rule of the commissioner and has obtained any required lease,
11-1 easement, or other instrument from the commissioner or board, as
11-2 applicable. On filing of the survey, the shoreline depicted on the
11-3 survey is a fixed line for the purpose of locating a shoreline
11-4 boundary, subject to movement landward of that line. A coastal
11-5 boundary survey conducted under this section may not be filed until
11-6 the commissioner gives notice of approval under Subsection (c).
11-7 (b) The survey must contain the following statement:
11-8 "NOTICE: This survey was performed in accordance with Section
11-9 33.609, Natural Resources Code, for the purpose of evidencing the
11-10 location of the shoreline in the area depicted in this survey as
11-11 that shoreline existed before commencement of erosion response
11-12 activity in the coastal zone, as required by Chapter 33, Natural
11-13 Resources Code. If a lease, easement, or other instrument was
11-14 issued by the Commissioner of the General Land Office or the School
11-15 Land Board in connection with the erosion response activity, the
11-16 line depicted on this survey fixes the shoreline for the purpose of
11-17 locating a shoreline boundary, subject to movement landward as
11-18 provided by Section 33.609, Natural Resources Code."
11-19 (c) Within 30 days after the date the commissioner approves
11-20 a coastal boundary survey under this section, the commissioner
11-21 shall provide notice of that approval by:
11-22 (1) publication in the Texas Register;
11-23 (2) publication for two consecutive weeks in a
11-24 newspaper of general circulation in the county or counties in which
11-25 the land depicted on the survey is located; and
12-1 (3) filing a copy of the approval in the archives and
12-2 records division of the land office.
12-3 Sec. 33.610. LANDOWNER CONSENT. (a) Except as provided by
12-4 Subsection (c), a state agency or local government may not
12-5 undertake erosion response activity on:
12-6 (1) private property without first obtaining the
12-7 written consent of the property owner; or
12-8 (2) permanent school fund land without first obtaining
12-9 the written consent of the board.
12-10 (b) On receipt of consent required under Subsection (a), the
12-11 commissioner may enter the property and undertake any erosion
12-12 response activity authorized under this subchapter.
12-13 (c) Consent to undertake erosion response activity on a
12-14 public beach is not required under this subchapter.
12-15 Sec. 33.611. IMMUNITY. The state, the commissioner, and
12-16 land office staff are immune from suit and from liability for any
12-17 act or omission related to:
12-18 (1) the approval, disapproval, funding, or performance
12-19 of an erosion response activity;
12-20 (2) the failure of an erosion response activity
12-21 undertaken by the commissioner under this subchapter to fulfill its
12-22 intended purpose;
12-23 (3) the adoption, approval, disapproval, funding, or
12-24 performance of a survey, erosion response project, or erosion
12-25 response activity; or
13-1 (4) any matter related to erosion response by the
13-2 commissioner provided for in this subchapter.
13-3 Sec. 33.612. JUDICIAL REVIEW. (a) Judicial review of
13-4 rights affected by an action of the state, the commissioner, or
13-5 land office staff under this subchapter shall be under the
13-6 substantial evidence rule. In order to prevail, a person seeking
13-7 review must prove that the action complained of was arbitrary,
13-8 capricious, or not otherwise in accordance with law.
13-9 (b) Venue for an action relating to this subchapter is in
13-10 Travis County.
13-11 Sec. 33.613. PROOF OF CLAIM. A person who claims title to
13-12 permanent school fund land as a result of accretion, reliction, or
13-13 avulsion in the coastal zone after September 1, 1997, in order to
13-14 prevail in the claim, must prove that:
13-15 (1) a change in the shoreline has occurred;
13-16 (2) the change did not occur as a result of the
13-17 claimant's actions, the action of any predecessor in title, the
13-18 action of any grantee, assignee, licensee, or person authorized by
13-19 the claimant to use the claimant's land, or an erosion response
13-20 activity; and
13-21 (3) the claimant is entitled to benefit from the
13-22 change.
13-23 Sec. 33.614. CORRECTION OF TAX ROLLS. (a) The owner of
13-24 land that has become submerged because of erosion may request the
13-25 commissioner's assistance under this section in removing the
14-1 property from the tax rolls by submitting to the commissioner:
14-2 (1) a written request for assistance under this
14-3 section;
14-4 (2) a legal description of the property owned by the
14-5 landowner as identified on the tax rolls;
14-6 (3) a copy of the vesting deed or other instrument
14-7 conveying title to the property to the landowner;
14-8 (4) a map or other document accurately depicting the
14-9 property and the portion of the property that has become submerged
14-10 because of erosion;
14-11 (5) a written declaration, signed by the landowner and
14-12 acknowledged by a notary public, that the property or a portion of
14-13 the property, as identified on the map required under Subdivision
14-14 (4), is no longer owned by the landowner because of erosion and
14-15 that ownership is vested in the permanent school fund; and
14-16 (6) the name and address of the local appraisal
14-17 district and each taxing entity to be notified of permanent school
14-18 fund ownership and the tax parcel number of the property.
14-19 (b) On receipt of the information required under Subsection
14-20 (a), the commissioner shall inform the local appraisal district and
14-21 identified taxing entities that the property listed on local tax
14-22 rolls and the subject of the request under Subsection (a) is owned
14-23 by the permanent school fund because of erosion.
14-24 (c) On receipt of notice from the commissioner the district
14-25 or taxing entity shall remove the property from the tax rolls.
15-1 SECTION 2. (a) This Act takes effect September 1, 1997.
15-2 (b) Sections 33.609 and 33.610, Natural Resources Code, as
15-3 added by this Act, apply only to erosion response activity
15-4 undertaken on or after September 1, 1997.
15-5 (c) Section 33.611, Natural Resources Code, as added by this
15-6 Act, applies only to a cause of action that accrues on or after
15-7 September 1, 1997. A cause of action that accrued before the
15-8 effective date of this Act is covered by the law as it existed
15-9 immediately before that date, and that law is continued in effect
15-10 for that purpose.
15-11 SECTION 3. The importance of this legislation and the
15-12 crowded condition of the calendars in both houses create an
15-13 emergency and an imperative public necessity that the
15-14 constitutional rule requiring bills to be read on three several
15-15 days in each house be suspended, and this rule is hereby suspended.
15-16 COMMITTEE AMENDMENT NO. 1
15-17 Amend SB. No. 1339 by adding a new appropriately numbered
15-18 section to read as follows and by renumbering the existing sections
15-19 as appropriate:
15-20 SECTION ____. (a) Subchapter F, Chapter 502, Transportation
15-21 Code, is amended by adding Section 502.292 to read as follows:
15-22 Sec. 502.292. TEXAS BEACHES. (a) The department shall
15-23 issue specially designed "Don't mess with Texas beaches" license
15-24 plates for passenger cars and light trucks.
15-25 (b) The department shall issue license plates under this
16-1 section to a person who:
16-2 (1) applies to the county assessor-collector of the
16-3 county in which the person resides on the form for original
16-4 registration or annual renewal of registration provided by the
16-5 department; and
16-6 (2) pays an annual fee in the amount set under
16-7 Subsection (c), in addition to the fee prescribed by Section
16-8 502.161 or 502.162 and, if personalized prestige license plates are
16-9 issued, in addition to the fee prescribed by Section 502.251.
16-10 (c) The department shall set the annual fee for license
16-11 plates under this section at:
16-12 (1) an amount, not to exceed $5, necessary to
16-13 administer this section; and
16-14 (2) an additional amount of:
16-15 (A) $15 for each set of plates, if the person is
16-16 purchasing plates under this section for a fleet of 50 or more
16-17 vehicles; or
16-18 (B) $25 for each set of plates, if Paragraph (A)
16-19 does not apply.
16-20 (d) The department shall deposit each fee collected under
16-21 Subsection (c)(2) to the credit of the coastal erosion response
16-22 fund established under Section 33.604, Natural Resources Code.
16-23 (e) The fee collected under Subsection (c)(1) may be used
16-24 only to defray the cost of administering this section.
16-25 (b) Section 502.292, Transportation Code, as added by this
17-1 section, takes effect September 1, 1997, but only if the change in
17-2 law proposed by H.B. No. 3082, 75th Legislature, Regular Session,
17-3 1997, is enacted and becomes law. If H.B. No. 3082 does not become
17-4 law, this section has no effect.
17-5 Bosse
17-6 COMMITTEE AMENDMENT NO. 2
17-7 Amend S.B. 1339 as follows:
17-8 (1) In Section 33.064, Natural Resources Code, as amended by
17-9 SECTION 1 of the bill, (page 5, lines 24-25 and page 6, lines 1-2,
17-10 Senate Engrossment Printing), strike "The fund consists of all
17-11 money appropriated for the purposes of this subchapter and all
17-12 money received by the commissioner from any other source for the
17-13 purpose of erosion response" and substitute "The fund consists of
17-14 money collected under Section 33.6045, all money appropriated for
17-15 the purposes of this subchapter, and all money received by the
17-16 commissioner from any other source for the purpose of erosion
17-17 response".
17-18 (2) Insert a new Section 33.6045, Natural Resources Code, in
17-19 SECTION 1 of the bill, (page 6, between lines 14 and 15, Senate
17-20 Engrossment Printing), to read as follows:
17-21 "Sec. 33.6045. INSURANCE POLICY SURCHARGE. (a) In addition
17-22 to premium taxes, a surcharge is assessed each year in the amount
17-23 of $1 on each policy of Texas windstorm and hail insurance and
17-24 Texas fire and explosion insurance issued through the Texas
17-25 Catastrophe Property Insurance Association that covers:
18-1 (1) a mobile home or other unit of residential
18-2 manufactured housing;
18-3 (2) a dwelling; or
18-4 (3) a commercial building.
18-5 (b) The surcharge is payable at the time the policy of
18-6 insurance is issued or renewed.
18-7 (c) The surcharge assessed under Subsection (a) shall be
18-8 paid by the policyholder to the Texas Catastrophe Property
18-9 Insurance Association. The association shall collect the surcharge
18-10 and send it to the comptroller in the manner provided by rules
18-11 adopted under this section.
18-12 (d) The surcharge does not constitute a premium owed for
18-13 insurance coverage, but the failure to pay the surcharge
18-14 constitutes a ground for cancellation of the policy on which the
18-15 surcharge is owed.
18-16 (e) The comptroller, in cooperation with the commissioner of
18-17 insurance, shall adopt rules as necessary to implement this
18-18 section."
18-19 (3) In SECTION 2 of the bill, (page 15, between lines 10 and
18-20 11, insert a new Subsection (d) to read as follows:
18-21 "(d) Section 33.6045, Natural Resources Code, as added by
18-22 this Act, applies only to an insurance policy that is delivered,
18-23 issued for delivery, or renewed by the Texas Catastrophe Property
18-24 Insurance Association on or after January 1, 1998. A policy that
18-25 is delivered, issued for delivery, or renewed before January 1,
19-1 1998, is governed by the law as it existed immediately before the
19-2 effective date of this Act, and that law is continued in effect for
19-3 that purpose."
19-4 Bosse
19-5 COMMITTEE AMENDMENT NO. 4
19-6 Amend SB 1339 as follows:
19-7 In SECTION 2, Sec. 33.602, Strike the last sentence of
19-8 Subdivision (4) and substitute the following:
19-9 "Erosion response shall not mean or refer to a beneficial use
19-10 project authorized in accordance with Chapter 505, Acts of the 74th
19-11 Legislature, Regular Session, 1995, or the construction of
19-12 breakwater or bulkhead landward of the shoreline depicted on a
19-13 current coastal boundary survey conducted under Section 33.609."
19-14 Bosse
19-15 COMMITTEE AMENDMENT NO. 5
19-16 Amend SB 1339 as follows:
19-17 (1) On page 12, line 2, after "office" and before the period
19-18 insert "and in the real property records in the county in which the
19-19 land is located".
19-20 (2) On page 12, after line 14 and before line 15 add a new
19-21 subsection (d) to read:
19-22 "(d) The written consent of the owner must contain an
19-23 adequate legal description of the private property on which erosion
19-24 response activity will be undertaken and such written consent must
19-25 be recorded in the real property records in the county in which the
20-1 private property is located."
20-2 Bosse