Obtaining Required Permits and Authorizations
All living shoreline projects will require authorizations and permits in some capacity, so it is important to plan for the necessary time and costs that permitting requires. This section provides guidance on how to navigate the local, state, and federal permitting process.
Most submerged areas of Texas bays and tidally-influenced rivers belong to the State of Texas and are managed by the Texas General Land Office. Other entities that manage submerged land include navigation districts and municipalities. In addition, the United States Army Corps of Engineers has jurisdiction over water and wetlands. Texas Parks and Wildlife Department regulations may also be applicable to some living shoreline projects, especially those planting aquatic plants.
While the state and federal permitting requirements can appear daunting, Texas provides free coastal permitting assistance through the Texas General Land Office’s two Permit Service Centers. The Permit Service Centers are “one-stop shops” for projects that fall within the Texas Coastal Zone Boundary. Applicants should work closely with Permit Service Center staff throughout the living shoreline development process.
Permit Service Centers
The Permit Service Centers offers free, streamlined assistance and can help you:
- Determine if your project location is under the Texas General Land Office’s jurisdiction
- Determine which leases or easements your project will need
- Understand coastal boundary survey requirements
- Obtain the permit application
- Identify items that will be needed at the time of the application submission
Once you have a project plan, contact your Permit Service Center for:
- The living shoreline authorization process, which involves the Texas General Land Office, the United States Army Corps of Engineers, and other state and federal agencies participating in the United States Army Corps of Engineers permitting process.
- The Joint Permit Application Form that includes an application for the authorized use of state-owned submerged land from the Texas General Land Office as well as an application for a United States Army Corps of Engineers permit.
- Arrangement, if needed, for the applicant’s project plan to be discussed at a Joint Evaluation Meeting. These are monthly meetings held by the local United States Army Corps of Engineers office in coordination with other resource agencies to informally discuss proposed projects, answer questions, and provide guidance.
- Knowledge of local permitting requirements (if any) and assistance in determining the appropriate office to contact.
State Permitting
Texas Coastal Boundary Survey Requirement
Texas law requires landowners planning coastal erosion response projects, including living shorelines, to obtain a coastal boundary survey. The CBS is a special shoreline survey to determine the boundary between private land and state-owned submerged land. Coastal boundary surveys must be performed by licensed and qualified surveyors.
The Texas General Land Office’s Surveying Division will coordinate with the landowner and the surveyor to ensure the coastal boundary survey is acceptable. The Permit Service Centers can provide general information about the coastal boundary survey requirement as well as information on Licensed State Land Surveyors.
Texas Parks & Wildlife Department Permit Requirements
Living shoreline projects that involve planting aquatic plants or dredging certain materials in state waters will require permits from the Texas Parks and Wildlife Department. Please note that the Texas General Land Office can assist with preparing and sending off federal permit applications, but the applicant will need to submit the following permit applications and plan types directly to the Texas Parks and Wildlife Department.
Relevant Texas Parks and Wildlife Department Permits
Federal Permitting
United States Army Corps of Engineers
Most living shoreline projects will require a United States Army Corps of Engineers permit to proceed. Fortunately, the General Land Office Permit Service Centers are here to help with this requirement too. The Permit Service Center’s Joint Permit Application Form includes an application for a United States Army Corps of Engineers permit. The Permit Service Centers will assist the applicant with the Joint Permit Application Form, screen the document for completeness, then submit it to United States Army Corps of Engineers for processing.
Other state and federal agencies coordinate their review of an application as a part of the United States Army Corps of Engineers permitting process. These agencies may include the following. You do not need to contact these agencies unless so directed by Permit Service Center or United States Army Corps of Engineers staff.
- Texas Commission on Environmental Quality – water quality certification
- Texas Coastal Management Program – consistency determination U.S. Fish and Wildlife Service consultation on endangered species (if needed)
- National Marine Fisheries Service – consultation on essential fish habitat (if needed)
- Texas Historical Commission – consultation on impacts to cultural resources (if needed)
Types of USACE Permits for Living Shorelines
The type of United States Army Corps of Engineers permit required for a living shoreline depends on the project’s location, design, and environmental impacts.
Local Permitting
Before planning a living shoreline, a property owner should check with the construction permitting department of the local municipality or county. While most coastal permitting is handled at the state and federal level, some jurisdictions have additional requirements. Local officials can provide guidance on how to comply with applicable regulations.
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Discover the most common native plants that thrive in Texas coastal habitats as well as other resources to help with native plant selection for your living shoreline.
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View an interactive map of existing living shorelines in Texas to find examples as well as projects near you for inspiration.
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Check out this helpful presentation from the Texas General Land Office, which provides an overview of the permitting process and answers to frequently asked questions.
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