In December, Galveston City Council unanimously approved a beach access plan, its first since 1993. Stirring controversy was a provision to close a four-mile stretch of beach on San Luis Pass to vehicular traffic. On both sides, opponents are using environmental concerns to justify their position.

At a hearing that preceded city council’s vote most spoke in favor of the plan citing safety concerns. Supporters also complained that driving on the beach destroys the delicate dune system. Opposing the plan are the Texas Open Beach Advocates, a group comprising Galveston residents and out-of-towners who frequent the beach. TOBA members argue that environmental concerns are being used to cloak the city’s real agenda, which they say is to accommodate development. They argue the major factor in beach erosion is overdeveloping on the island.

City council member, John Driess said he thought the plan was a fair compromise."It offers diversity... We have 18 or 19 access points with a total of four-five miles of beach with vehicle access," he said.

Two weeks after passing the beach access plan, council approved a land use plan for Centex, a development company that has built homes on public beaches throughout the city’s West End.

Over the past 25 years, 17 miles of public beach have been closed to cars. TOBA hired environmental attorney Jim Blackburn, who said that the city’s access plan violates the Texas Open Beaches Act, a state law that prohibits private structures on public beaches.

According to the office of Attorney General Greg Abbot, more than 100 private structures currently occupy public beach space in Galveston. TOBA members want the state to enforce the law and prevent the city from allowing further development. TOBA president Tim Lopas said his group will appeal to the General Land Office, which must approve the city’s access plan before it becomes law. If the plan is approved, the group may take the city to court.

GLO spokesman Jim Suydam said there are no black and white answers when it comes to beach management. He said, though it was true driving causes erosion, the problem could be addressed by enforcing existing laws without further limiting access."We will be reviewing the plan to make sure it strikes a balance protecting the eco-systems and citizens’ rights to access," he said.

After the GLO reviews and makes recommendations, the plan will be sent back to Galveston’s planning commission and city council for more public hearings before final adoption.