Commissioner
Dewhurst has asked me (Jim
Weatherford) to respond to the concerns
of the recent proposal by the Lower Colorado River Authority to restrict
vehicular traffic to approximately a one-mile stretch of beach at Matagorda.
Under the requirements of the Open Beaches Act and the Texas beach/dune
rules, Matagorda County has the authority to regulate pedestrian
and vehicular beach access in a manner that preserves and enhances existing
public right to use and have access to and from the beach. If
Matagorda County decides to prohibit vehicles from driving on and along
the beach, beach access is presumed to be preserved and enhanced if parking
on or adjacent to the public beach is adequate to accommodate one car
for each 15 linear feet of beach, and beach access ways are no farther
apart than one- half mile.
Although our office and the Office of the Attorney General have not
received any information to review on the LCRA's proposal to restrict
vehicular traffic along the beach, any changes to Matagorda County's current
beach access plan, will require certification from the Texas General Land
Office.
Commissioner Dewhurst is a strong supporter of maintaining public access
and preserving the public's common law rights to free and unrestricted
access to and use of the beach. He has instructed the beach/dune staff
to watch this issue closely, and I assure you that any changes to public
beach access, as a result of the LCRA's project in Matagorda, will be
reviewed for compliance with the Open Beaches Act and the beach/dune rules.
If you would like further information on the Open Beaches Act and the
beach/dune rules, please visit our web site at http://www.glo.state.tx.us/coastal/beachdune.html.
Thank you again for your e-mail. I recommend that
you share your concerns with Matagorda County Commissioner George Deshotels
at (979) 863-7861.
If you have any additional comments or questions, please contact me at
(512) 463-2572. Sincerely,
Jim Weatherford,
CFM Resource Conservation Division
Resource Management Program
Texas General Land Office |