Environmental Rules in Midland, TX

If you live in Midland or are thinking about moving there, environmental rules are one of those things you probably won't think about until they affect you directly. Midland has 4 specific rules on the books covering different aspects of environmental rules, and some of them might surprise you.

Flood Zones

Midland requires a floodplain development permit before any construction, fill, grading, or land change in an area of special flood hazard. The City Engineer, serving as Floodplain Administrator, reviews every application against the FEMA-adopted flood maps before work can begin.

Key details: Governing chapter: Midland Code § 11-3, Flood Damage Prevention. Administrator: City Engineer (Floodplain Administrator). Permit required: Before any development in special flood hazard area. Maps used: 2005 FIRM for Midland County, as amended. Max fine: $2,000.00 per day of violation.

Failing to obtain a floodplain development permit, or violating any permit condition, is a misdemeanor punishable by a fine of up to $2,000.00 under § 11-3-15; each day the violation continues is a separate offense. The Code also authorizes the City to pursue any other lawful remedy to prevent or correct a violation, independent of the criminal fine.

Stormwater Management

Midland bans dumping anything but stormwater into its municipal storm drain system, under a Stormwater Management Code that runs its own inspections, spill reporting duties, and criminal penalties separate from TCEQ's state permit program.

Key details: Governing chapter: Midland Code § 11-12, Stormwater Management. Core rule: Only stormwater may enter the MS4. Administrator: City's Stormwater Administrator. Hazardous spill duty: Call 911 and notify Fire Dept immediately. Construction trigger: 1 acre or more requires TPDES NOI, 7 days prior.

Each violation of Chapter 11-12 or any related order is a misdemeanor punishable by a fine of up to $2,000.00, with each day of continued violation a separate offense (§ 11-12-7(B)). The City can also seek injunctive relief in a court of competent jurisdiction to prevent, restrain, correct, or abate any violation (§ 11-12-7(A)), and may deny building permits, plats, or site plan approvals where erosion or pollutant controls are found insufficient during a construction-site inspection (§ 11-12-8(G)).

Flood Elevation Requirements

Midland requires the lowest floor of any new or substantially improved residential structure in a special flood hazard area to sit at least one foot above the Base Flood Elevation, a one-foot freeboard margin above FEMA's mapped 100-year flood line.

Key details: Freeboard required: 1 foot above Base Flood Elevation. Applies to: New construction and substantial improvements. Certification required: Registered engineer, architect, or land surveyor. Manufactured homes: Steel frame bottom 1 ft above BFE, anchored. Reduction limit: Up to 1 ft, only via Council variance.

Building below the required freeboard without a certified engineer's or architect's compliance showing, or without an approved variance, is a Chapter 11-3 violation subject to the misdemeanor penalty in § 11-3-15: a fine of up to $2,000.00, with each day of noncompliance a separate offense. Owners who receive a variance below BFE must also be given written notice that flood insurance costs will reflect the increased risk (§ 11-3-14(C)).

Erosion Control

Midland's Stormwater Management Code requires an erosion control plan drawing with any construction plans submitted for city review, plus a TPDES notice of intent posted on site at least seven days before work starts on sites of one acre or more. The Stormwater Administrator can deny building permits, plats, or occupancy over inadequate controls.

Key details: Trigger size: Sites 1 acre or more need TPDES coverage. Plan requirement: Erosion control plan drawing with construction plans. NOI/CSN deadline: Filed and posted 7 days before construction. Maintenance trigger: Repair when control capacity drops 50%. Correction window: Up to 10 days after deficiency notice.

Section 11-12-7(B) makes each violation of Chapter 11-12, including the erosion control plan and inspection requirements in § 11-12-8, a misdemeanor punishable by a fine of up to $2,000, with each day a violation continues counted as a separate offense. Section 11-12-7(A) also lets the City seek injunctive relief in court to prevent, restrain, correct, or abate a violation. Separately, § 11-12-8(G) allows the City to withhold or deny building permits, plats, site plans, or occupancy approval until deficient controls are fixed.

The Bottom Line

Midland'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 Midland is broadly strict or permissive.

This guide is based on Midland's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.