TREC Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (Form 34-4)

If a property sits seaward of the Gulf Intracoastal Waterway, Texas law requires a specific written warning to the buyer before the contract is signed — not because the seller chooses to disclose it, but because Section 61.025 of the Texas Natural Resources Code makes it mandatory. TREC’s form for that disclosure is TREC No. 34-4, “Addendum for Property Located Seaward of the Gulf Intracoastal Waterway” (effective 12-05-2011, replacing the older 34-3 version). It is a short, non-negotiable notice form — no blanks to fill in beyond the property address and signature lines — but skipping it when it applies creates real contract risk.

When Is Form 34-4 Required?

The addendum applies to property located seaward of the Gulf Intracoastal Waterway to its southernmost point, and then seaward of the longitudinal line at 97°12′19″, which runs south to the international boundary from where the Gulf ICW centerline meets the Brownsville Ship Channel. In practice, that is the narrow band of coastal property between the Intracoastal Waterway and the Gulf of Mexico shoreline — barrier islands and peninsula property along the Texas coast (South Padre Island, Galveston, Mustang Island, Bolivar, and similar areas). If the property is anywhere inland of the ICW, this specific form does not apply.

Because the trigger is a precise geographic line, not just “near the beach” in a general sense, do not guess. The listing agent, title company, or a survey can confirm which side of the line a given parcel falls on — and the Texas General Land Office’s beach/dune boundary and erosion-rate data (referenced directly in the form) is the authoritative source, not MLS notes from a prior listing.

What the Addendum Discloses

The form opens with a bolded, all-caps statutory warning, then walks through four substantive points:

• Economic risk of coastal erosion. A structure on the property today could end up sitting on the public beach tomorrow because of erosion or storm events — and if that happens, the owner (not the state) bears the cost of removing it.
• The public beach easement. Under the Open Beaches Act, the public has an easement over Gulf-fronting beach by prescription, dedication, or continuous historical use. That easement’s landward boundary is normally the natural vegetation line; where there is no clear line, boundary rules under NRC §§ 61.016–61.017 control instead.
• Erosion rate warning. The form states plainly that much of the Gulf coastline erodes at more than five feet per year, and that property-specific erosion-rate data is available from the Texas General Land Office.
• No building seaward of the vegetation line. State law bars obstructions or structures seaward of the easement boundary, and owners of structures that end up seaward of that line — whether built there or pushed there by erosion — can be sued by the State of Texas to remove them.

It closes by telling the purchaser to (1) find out the shoreline erosion rate near the property and (2) get advice from an attorney or other qualified professional before signing — this is a signal to route coastal buyers to counsel, not just to a TC checklist.

Consequences of Leaving It Off the Contract

This is not a “nice to have” disclosure. Under NRC § 61.025(a)–(b), the notice must be in the executory contract itself, or — if there is no executory contract — delivered to and acknowledged by the purchaser at least 10 calendar days before closing. Subsection (c) spells out the consequence directly: failure to comply is grounds for the purchaser to terminate the contract or conveyance agreement, with earnest money returned in full. Subsection (d) goes further, treating non-compliance as a deceptive act under Texas Business & Commerce Code § 17.46 (the DTPA). That combination — buyer termination right plus a statutory deceptive-trade-practice exposure — is why this addendum belongs on the checklist for any file on qualifying coastal property, every time, no exceptions.

Form 34-4 vs. Form 33-2 — Do Not Confuse the Two

Texas coastal files often need to check for two separate, similarly named TREC addenda, and they are not interchangeable:

• TREC No. 34-4 (this form) — tied to NRC § 61.025, the Open Beaches Act. Triggered by the ICW/97°12′19″ geographic line. Covers erosion risk and the public beach easement.
• TREC No. 33-2, “Addendum for Coastal Area Property” — tied to a different statute, NRC § 33.135. It applies where the property adjoins and shares a common boundary with tidally influenced, state-owned submerged land, and covers a different set of risks: that the boundary shifts and must be confirmed by a state land surveyor, that the seller has no knowledge of prior fill (with a blank to note exceptions), and that state permission is required to build on or over state-owned submerged land below the applicable tide line.

A property can trigger one, both, or neither depending on exactly where the boundary lines fall — do not assume attaching one covers the other.

Practical Checklist for TCs

• Flag any listing on a barrier island, peninsula, or other Gulf-adjacent parcel for a location check before the contract goes out — do not rely on the address alone.
• Confirm the ICW/97°12′19″ boundary question with the listing agent, title company, or a survey; when in doubt, check the GLO’s coastal boundary resources rather than guessing.
• If it applies, attach current TREC No. 34-4 at contract execution — it is a notice form, so there is nothing to negotiate, just the address and signatures.
• Separately check whether TREC No. 33-2 also applies (submerged-land boundary / prior fill) — it is a different trigger and a different form.
• If the form was missed and the file is already executed, do not try to fix it informally — flag it for the broker and a licensed Texas attorney immediately given the statutory termination right and DTPA exposure.