Skip to content
ClosingCodeClosingCode
ENES

Texas · coastalTexas coastal property addenda (TREC 33-2 and 34-4)

Texas has two statutory coastal notices. TREC 33-2 goes into the contract when the property adjoins tidally influenced submerged lands: the boundary can move, the seller discloses known prior fill, and building over state submerged land needs permission. TREC 34-4 applies seaward of the Gulf Intracoastal Waterway: it warns that erosion can put a structure on the public beach, where the State may sue to remove it at the owner's cost.

The two notices

  1. TREC 33-2 – tidal waters (§33.135)

    For property that shares a boundary with tidally influenced submerged lands. The boundary changes and is fixed only by a ground survey by a licensed state land surveyor; the owner may gain or lose land. The seller lists any known prior fill. No structure on state-owned submerged land without permission.

  2. TREC 34-4 – seaward of the GIWW (§61.025)

    For property seaward of the Gulf Intracoastal Waterway. The public may have an easement over the beach, usually up to the line of natural vegetation; much of the coast erodes more than five feet a year.

  3. The warning

    A structure that ends up on the public beach because of erosion or storms can be the subject of a State lawsuit to remove it; removal costs and losses fall on the owner.

  4. Before signing

    Both forms advise the buyer to get advice from an attorney or other qualified person; 34-4 also tells the buyer to check the local erosion rate (available from the General Land Office).

What the TC tracks

  • Whether the property adjoins tidal waters, lies seaward of the GIWW, or both – each needs its own addendum (20-19 ¶6E(4) and the coastal notices).
  • The addendum signed with the contract, not afterwards.
  • Flood and windstorm insurance quotes early – coastal policies can affect closing.
  • The seller's flood questions in the Seller's Disclosure Notice.

Questions about Texas coastal addenda

When is TREC 33-2 required?

When the property adjoins and shares a boundary with tidally influenced submerged lands of the state (Natural Resources Code §33.135).

When is TREC 34-4 required?

When the property is located seaward of the Gulf Intracoastal Waterway, as described in Natural Resources Code §61.025.

Can the State remove a beach house in Texas?

The notice warns that structures seaward of the vegetation line or public beach easement, including those that end up there through erosion, may be subject to a State removal lawsuit.

Can a coastal property boundary change?

Yes. A boundary with tidal waters is subject to change and can be determined accurately only by a survey on the ground by a licensed state land surveyor.

Where can buyers find erosion rates in Texas?

From the Texas General Land Office, as the TREC 34-4 notice states.

Texas guides

Add the coastal addendum to the deal's document checklist in ClosingCode – signed with the contract.

Start free trial

Sources: Texas Real Estate Commission, TREC No. 33-2 Addendum for Coastal Area Property and No. 34-4 Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (12-05-11); Texas Natural Resources Code §§33.135, 61.025 (as cited in the forms).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage, and it is not affiliated with TREC.