Brownsville's Environmental Rules: The Rules That Matter
Every city handles environmental rules a little differently. In Brownsville, Texas, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.
Erosion Control
Excavation and grading in Brownsville run under a model code adopted by reference in its 1975 edition, enforced by the city engineer and building official. Owners on unpaved streets install driveway culverts at their own cost.
Key details: Adopted code: Standard Excavation and Grading Code, 1975. Enforcers: City engineer and building official. Culvert duty: Owner pays; city engineer specifies. Continuing violation: Each ten days a separate offense. Design manuals: City drainage reports and criteria.
Grading violations are misdemeanors under section 18-718, with each ten days a prohibited condition stands counting as a separate offense. Noncompliant driveway crossings must be removed or corrected after ten days' written notice.
Stormwater Management
Brownsville runs a TPDES-permitted municipal storm sewer system with a broad illicit discharge article, and requires engineer-signed stormwater management plans, maintenance easements and recorded covenants for subdivision and site plan development.
Key details: Permit: TPDES MS4; Ord. No. 2013-1576. Exemption threshold: Under one acre disturbed. Performance bond: Construction cost plus twenty-five percent. Maintenance: Covenant recorded with County Clerk. Inspections: Annual minimum for each facility.
Each day and each section is a separate offense under section 46-293, and no culpable mental state is required. Fines follow section 1-13, and the city attorney may seek an injunction.
Coastal Development
Brownsville sits about twenty miles inland of the Gulf and holds no public beach. The Texas Coastal Management Program boundary starts at the city's International Toll Bridge, so coastal zone consistency review reaches much of Brownsville.
Key details: Gulf beach jurisdiction: None; Cameron County administers. Coastal zone boundary: Begins at International Toll Bridge. Floodplain maps: Cameron County FIRM, February 16, 2018. Windstorm: TWIA first-tier; WPI-8 certificate. Floodplain permit: Required for all development.
Building in a special flood hazard area without a floodplain development permit is a misdemeanor carrying a fine up to $500 per violation, plus all case costs, under section 308-148.
If you are coming from a city with tighter rules, you will find Brownsville gives residents more flexibility on coastal development.
The Bottom Line
Brownsville's environmental rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Brownsville is broadly strict or permissive.
Keep in mind that Brownsville can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, which shows when its source was last checked.