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Midland County, TX Environmental Rules: Flood Elevation Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Lots wholly or partly in the SFHA/ARFS
Certified by
Surveyor, PE, or registered architect
Timing
After concrete placement, before framing
Permitting office
County Floodplain Administrator
BFE defined
FEMA 1% annual chance flood elevation
Continuing-violation penalty
Up to $5,000 per day

Summary

Owners building on lots inside Midland County's Special Flood Hazard Area or the Additional Regulatory Flood Study limits must certify the lowest floor elevation before framing begins. The Floodplain Administrator, not the state, holds the permit and the elevation certificate.

City-specific rules exist: Midland has its own flood elevation requirements rules that differ from Midland County's county-level regulations. If you live in Midland, check the city-specific page instead.

For properties within the SFHA or ARFS 1% limits and 1-foot depth or greater, the owner or developer holding the floodplain permit shall provide the elevation of the lowest floor after concrete placement and prior to framing. The lowest floor elevation shall be determined by a registered land surveyor, registered professional engineer or a registered architect. FEMA requires that the finished floor elevation be provided on the latest elevation certificate form.

Full Breakdown

4 requires anyone holding a floodplain permit to prove where the structure's lowest floor actually sits relative to the water surface FEMA maps for a 1% annual chance flood. If the lot falls within the SFHA or within the Additional Regulatory Flood Study (ARFS) 1% limits and the flood depth reaches one foot or greater, the developer must provide the lowest floor elevation after the concrete has been poured but before framing starts, so the county can check compliance while correction is still possible. That elevation cannot be self-reported: it must come from a registered land surveyor, a registered professional engineer, or a registered architect, and FEMA requires the number to appear on the current elevation certificate form.

' Plats covering land in the SFHA must also carry a printed notice, required under the Article 2 plat-content list, that no building may be built there unless it complies with the minimum finished floor elevation requirements, tying the recorded plat itself to this certification step. The application for a floodplain determination must be filed before any construction activity begins, or at the time of plat application, whichever comes first, on forms supplied by the Floodplain Administrator (432-688-4310); the Regulations note that even a landowner not subdividing into two or more parts still has to make this application if the site sits in mapped flood hazard.

Violations & Fines

Building without a certified lowest-floor elevation, or filing a plat lacking the required SFHA notice, is treated as noncompliance with these Regulations under Article 1, § 1.9. The County Attorney can sue to enjoin the violation or to recover the County's costs of bringing the site into compliance, and a person who knowingly or intentionally violates a requirement adopted under these Regulations commits an offense. Where the violation also breaches a rule adopted under Texas Water Code § 16.343, § 1.9.4 sets a civil penalty of $50 to $100 per violation, up to $5,000 for each day a violation continues.

Frequently Asked Questions

Who determines the lowest floor elevation in Midland County?
A registered land surveyor, a registered professional engineer, or a registered architect must determine it; the developer holding the floodplain permit cannot self-certify. FEMA requires the figure to be entered on the current elevation certificate form before the county will sign off on the site.
When does Midland County require this elevation check?
For lots within the SFHA or within the Additional Regulatory Flood Study 1% limits with a flood depth of one foot or more, the certified lowest floor elevation must be provided after the concrete slab is poured but before framing starts, per Subdivision Regulations § 5.4.
Does the plat itself say anything about flood elevation?
Yes. The Article 2 plat-content requirements direct that plats covering SFHA land must carry a printed notice that no building may be constructed there unless it complies with the minimum finished floor elevation requirements, so the restriction runs with the recorded plat.

Sources & Official References

Other rules in Midland County

All Midland County rules

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