Commission Agenda Item 5
March 27, 2025

• Item Type: Action
• Presenter: Stan David

Grant of Utility Easement – Bandera County – Approximately 21.7 Acres at Hill Country State Natural Area

I. Executive Summary:

The Bandera Electric Cooperative (BEC) is seeking a utility easement on the Hill Country State Natural Area (SNA) to establish a defined easement for and perform maintenance and upgrades on existing infrastructure that crosses the SNA.

II. Discussion:

Hill Country SNA consists of approximately 5,370 acres in Bandera County. The SNA is known for its horseback riding trails, scenic rocky hills, grasslands, and canyons.

BEC has power lines and poles that cross portions of the SNA. Their placement on the SNA pre-dates Texas Parks and Wildlife Department (TPWD) ownership of the SNA, meaning that there is no documented easement for the infrastructure. TPWD staff would like to establish a defined easement with terms and conditions that will be protective of natural and cultural resources and ensure SNA visitor safety, while accommodating BEC’s reasonable maintenance, repair and access needs. The easement would be approximately 47,300 feet in length and approximately 20 feet wide for all utility lines that BEC operates at Hill Country SNA.

III. Recommendation:

Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A.”

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Exhibit A – Commission Agenda Item No. 5

A Resolution by the Texas Parks and Wildlife Commission
Regarding the Granting of a Utility Easement Covering
Approximately 21.7 Acres of Real Property in Bandera County
for the Maintenance of Existing Electrical Lines

Resolution

      Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Hill Country State Natural Area (SNA) for a variety of recreation, historic, and conservation values; and,

      Whereas, Bandera Electric Cooperative (BEC) has several electrical distribution lines and poles located on the State Natural Area; and,

      Whereas, TPWD wishes to document and define an established easement with terms and conditions for these distribution lines and poles; and

      Whereas, BEC is requesting an easement (Easement) with a defined Right of Way (ROW), twenty (20) feet wide, for the electrical distribution lines and associated poles which cross the SNA; and,

      Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation that is published at least six days a week in the communities nearest to Hill Country SNA in which such newspapers are published (Bexar County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing; and,

      Whereas, the Commission finds, in accordance with PWC chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land for the Agreement; (2) the program or project that requires the Easement includes all reasonable planning to minimize harm to the land; and,

      Whereas, the Commission finds that the grant of an Easement subject to conditions that will minimize harm of the Easement to Hill Country SNA is in accordance with PWC section 11.301; and,

      Now, therefore, the Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to BEC for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

      Adopted and approved this 27th day of March, 2025.

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Exhibit B – Commission Agenda Item No. 5

Location Map for Hill Country State Natural Area
Bandera County

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Exhibit C – Commission Agenda Item No. 5

Vicinity Map for Hill Country State Natural Area
12 Miles Southwest of Bandera

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Exhibit D – Commission Agenda Item No. 5

Site Map of Subject Easement
Hill Country State Natural Area Boundary Outlined in Red
Proposed Easement in Yellow