El Paso County, TX Environmental Rules: Flood Elevation Requirements (2026)
Key Facts
- Freeboard requirement
- 1 foot above the 100-year flood level
- Trigger
- Lot in FEMA 'A' zone floodplain
- Certifier
- Licensed engineer or registered surveyor
- Governing section
- Subdivision Regulations Sec. 3.3(e)(1)(F)
- Benchmark spacing
- Max 2,500 feet in flood-hazard subdivisions
- Extra cost
- Minimum development permit fee applies
Summary
El Paso County requires one foot of freeboard above the 100-year flood level for any lot in FEMA's 'A' flood zone, under Section 3.3(e)(1)(F) of the Subdivision Regulations. A Texas engineer must calculate that elevation, certify it, and show it on the final plat before Commissioners Court can approve it.
(F) If any portion of any lot shown on a subdivision final plat is covered by the "A" zone as per FEMA flood plain maps the building elevation (one foot (1') above the 100-year flood level) for each site so affected shall be determined by an engineer, and shall be shown on the plat, with a professional engineer's certification.
Full Breakdown
3(e)(1)(F) sets the county's freeboard standard: if any part of a lot on a final subdivision plat falls in FEMA's 'A' zone floodplain, the building elevation for that site, one foot above the 100-year flood level, must be worked out by an engineer, shown on the plat, and carry that engineer's professional certification. 3. Under subsection (d)(2)(G), the boundaries of the Flood Zone Area for the 100-year flood must be shown on the final plat for every waterway, established by a Texas-licensed professional engineer or registered surveyor whose seal appears on the plat, though a subdivider who contains the Flood Hazard Area entirely within a drainage easement can skip drawing the boundary if the engineer certifies it stays inside that easement.
Under subsection (d)(2)(H), when finished floor elevations for buildings on flood-hazard lots are noted on the plat, minimum development permit fees apply to buildings on those lots, elevation verification is still required regardless, and the floor elevations must be determined by the engineer or surveyor to comply with the county's separate Flood Plain Regulations and this document's drainage requirements. Subdivisions that contain or border a flood hazard area also need permanent benchmarks under subsection (d)(2)(I), spaced no more than 2,500 feet apart, so elevations can be checked on the ground after construction.
None of this substitutes for a building permit process, since El Paso County does not issue building permits in the unincorporated area; compliance is verified at the plat stage, before lots can be sold or built on.
Violations & Fines
There's no separate fine for missing the one-foot freeboard mark; the practical enforcement is that the Commissioners' Court will not approve a final plat missing the required elevation certification, and a plat recorded without it is subject to the county's general enforcement powers under Section 4.2 (Water Code Chapter 7, Local Government Code Sections 232.037 and 232.080) and to a Section 4.4 damages suit by the County Attorney to force compliance.
Frequently Asked Questions
How much higher than flood level must a house sit?
Who has to certify the flood elevation?
Does showing a floor elevation cost anything extra?
Do subdivisions near flood zones need permanent markers?
Sources & Official References
Other rules in El Paso County
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