How Irving Handles Environmental Rules: A Practical Guide

Irving maintains 159 local ordinances across all categories, and 5 of those deal specifically with environmental rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Irving falls on the strict-to-permissive spectrum compared to other cities.

Flood Elevation Requirements

New residential construction in Irving's special flood hazard areas must have the lowest floor, including any basement, elevated at least two feet above the base flood elevation. A registered professional engineer must certify compliance, and once the floor is elevated, the slab cannot sit lower than the top of the street curb on which the structure fronts.

Key details: Freeboard required: 2 feet above base flood elevation. Certification: Registered professional engineer required. Slab elevation floor: Not below top of street curb. Nonresidential option: Floodproof watertight below BFE instead. Manufactured homes: Anchored ties if below 2-ft freeboard.

A violation of Section 47-14's elevation standard, like any violation of Chapter 47, is punishable under Section 47-16 by a fine of up to $500, with each day the violation continues treated as a separate offense. The Building Code Board of Adjustments and Appeals has no authority to grant a variance permitting new construction below the two-foot freeboard standard, even for hardship cases.

This is not one of those rules that cities tend to ignore. Irving actively enforces its flood elevation requirements requirements.

Vehicle Idling Restrictions

Irving caps engine idling for trucks over 10,000 pounds at 15 minutes when parked within 300 feet of a home, unless the engine sits in an enclosed structure. The city's noise chapter enforces it with fines up to $500 per day.

Key details: Idling time limit: 15 minutes. Truck weight trigger: over 10,000 lbs GVW. Distance from residence: within 300 feet. Exception: vehicle in an enclosed structure. Fine: up to $500 per day.

Exceeding the 15-minute idling limit near a residence is a misdemeanor punishable by a fine of up to $500 under Sec. 22-8(a), with each day of continuing violation treated as a separate offense under Sec. 22-8(b). Under Sec. 22-6's ownership presumption, the registered owner of the truck is presumed responsible absent evidence otherwise.

Stormwater Management

Irving requires new development and redevelopment to control post-construction stormwater runoff under Chapter 51, sizing drainage improvements to the 25-year storm for areas under 100 acres, the 50-year storm up to 640 acres, and the 100-year storm above that. Property owners install and maintain the required drainage systems under City Engineer-approved plans.

Key details: Design storm, under 100 acres: 25-year frequency. Design storm, 100-640 acres: 50-year frequency. Design storm, over 640 acres: 100-year frequency. Design standard: NCTCOG-iSWM criteria. Maintenance plan: Required with every development submittal.

Chapter 51 does not set its own penalty, so a violation falls under the citywide general penalty in Section 1-6 of the Code of Civil and Criminal Ordinances: a fine of up to $500 per offense, rising to $2,000 if the violation also involves public health or sanitation standards, and each day of continued noncompliance counts as a separate offense. The City Engineer can also withhold acceptance of drainage improvements that do not meet the approved plans.

Erosion Control

Irving requires an earthwork permit before grading, filling, or excavating, and Section 41-62.6 bars placing fill without controlling erosion on cut and fill slopes with planting, check dams, cribbing, or riprap. The permit costs $35 and sites over five acres need an EPA stormwater permit and engineer-prepared plan.

Key details: Permit required: Before any earthwork/grading. Permit fee: $35, nonrefundable. Stormwater plan trigger: 5+ acres disturbed. Topsoil cover: Minimum 6 inches. Cleanup notice period: 10 days before city acts.

Section 41-62.7 makes the property owner responsible for cleanup, including leveling, ground cover, erosion control, and removing trash or unsuitable fill deposited on streets, alleys, utility facilities, rights-of-way, and easements. If the owner does not fix a violation within ten days of written notice, the city may remove the deposited material itself and bill the owner; if the bill goes unpaid after thirty days, the city may place a lien on the property.

Flood Zones

Irving requires a development permit before any construction, grading, or land change occurs in an area of special flood hazard, on top of any building permit. Chapter 47 applies citywide wherever FEMA's flood insurance rate maps show a one-percent annual flood risk, and the Director of Public Works administers and enforces the requirement.

Key details: Governing chapter: Chapter 47, Flood Damage Prevention. Flood study basis: Dallas County FIS, dated 8/23/2001. Permit required: Development permit before building permit. Enforcing official: Director of Public Works. Appeals body: Building Code Board of Adjustments.

Violating any provision of Chapter 47, including building without a required development permit, is punishable under Section 47-16 by a fine of up to $500, with each day of continued violation charged as a separate offense. A structure lacking the elevation certificate or other compliance documentation required under 44 CFR Part 60 is presumed to be in violation until the owner produces it.

Compared to other cities, Irving takes a harder line on flood zones. The enforcement and penalty structure reflects that.

The Bottom Line

Irving is tougher than many cities when it comes to environmental rules. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Irving, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Irving can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.