Killeen's Environmental Rules: The Rules That Matter

Every city handles environmental rules a little differently. In Killeen, Texas, there are 4 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.

Flood Elevation Requirements

In Killeen's FEMA special flood hazard areas, new and substantially improved residential structures must have their lowest floor, including any basement, elevated at least two feet above the base flood elevation, certified by a Texas-registered engineer, architect, or surveyor.

Key details: Freeboard: Two feet above base flood elevation. Governing section: City Code Sec. 12-62(1). Permit: Floodplain development permit required. Administrator: Building official (floodplain admin). Flood maps: Bell County FIS, Sept. 26, 2008.

Building or substantially improving in a special flood hazard area without a floodplain development permit, or below the two-foot elevation, violates Chapter 12. The board of adjustment hears variance requests and appeals of the floodplain administrator's decisions.

Flood Zones

No one may grade, fill, build, or change the use of land in a Killeen special flood hazard area without first getting a floodplain development permit from the floodplain administrator, the city's building official. Applications need engineer-certified elevation data, and denials weigh flood danger, drainage impact, and the FEMA-mapped Bell County flood study; a stricter private covenant or another city rule controls over this chapter.

Key details: Permit required: Before any development in a flood hazard area. Administrator: Killeen building official. FEMA study date: Bell County FIS, Sept. 26, 2008. Variance body: Killeen Board of Adjustment. Conflict rule: Stricter restriction always controls.

Developing, filling, or building in a flood hazard area without the required permit is enforceable under Killeen's general penalty, Section 1-8: a fine up to $500 per offense, or up to $2,000 per day if treated as a public-health-and-sanitation violation, with each day of noncompliance a separate offense. The floodplain administrator's permit denial, or a Board of Adjustment variance ruling, can be appealed to a court of competent jurisdiction under Section 12-40(c).

Stormwater Management

Killeen makes it illegal to send anything but rain runoff into the city's storm drain system. Code section 32-24 bars discharging oil, wash water, chemicals, sewage or any non-stormwater substance into the municipal separate storm sewer system, and the public works director can issue stop-work orders, seek injunctions and refer cases for Class C misdemeanor prosecution.

Key details: Governing law: Code of Ordinances ch. 32, art. II. Enforcing agency: Director of Public Works. Civil penalty: Up to $5,000 per day. Criminal penalty: Class C misdemeanor, up to $2,000 fine. Appeal window: 10 calendar days to city manager.

Violating section 32-24 is a Class C misdemeanor punishable under Code section 1-8, with fines up to $2,000 for offenses touching fire safety or public health and sanitation; each day a discharge continues is a separate offense. The city can also seek civil penalties up to $5,000 per day and injunctive relief in Bell County District Court, and the director may post a stop work order barring further construction or occupancy approvals until the site complies.

Erosion Control

Killeen requires a site disturbance permit before disturbing an acre or more of land, or any smaller parcel that is part of a one-acre-plus common development. The permit demands a city-approved erosion and sediment control plan, caps slope cut-and-fill at a 3:1 ratio, and requires a phasing plan on sites over 20 acres.

Key details: Governing law: Code of Ordinances ch. 32, art. III. Permit trigger: 1 acre or more disturbed. Slope limit: 3:1 cut-and-fill ratio. Phasing plan required: Sites over 20 acres. Stabilization deadline: Within 14 idle calendar days.

Disturbing land without a site disturbance permit, or violating its conditions, is a Class C misdemeanor under section 32-42(b)(3), carrying up to $2,000 in fines for offenses touching fire safety or public health and sanitation, with each continuing day a separate offense. The city can also seek civil penalties up to $5,000 per day and injunctive relief in Bell County District Court, issue a stop work order halting all construction activity, or move to revoke a contractor's construction registration under chapter 8.

The Bottom Line

Killeen'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 Killeen is broadly strict or permissive.

These rules come from Killeen's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.