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New Braunfels, TX Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Elevation required
2 feet above base flood elevation
Certification
Licensed engineer, architect, or surveyor
Residential permit fee
$100.00 plus $0.05/sf
Nonresidential permit fee
$250.00 plus $0.10/sf
Enforcing official
Floodplain administrator (city engineer)
Max penalty
$2,000.00 per day, each day separate offense
Appeal path
Construction board of appeals, then courts

Summary

New residential construction in New Braunfels floodplain must elevate its lowest floor, including the basement, at least two feet above base flood elevation, certified by a licensed engineer, architect, or surveyor under City Code Sec. 58-30.2(1).

58-30.2. Specific standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) subsection 58-28.2, (ii) subsection 58-29.2(8), or (iii) subsection 58-30.3(3), the following provisions are required: (1) Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to a minimum of two feet above the base flood elevation together with attendant utility and sanitary facilities. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in subsection 58-29.3(1)a., is satisfied.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

City Code Sec. 2, Specific standards, governs any area of special flood hazard where base flood elevation data exists. Subsection (1) requires new construction and substantial improvement of a residential structure to have its lowest floor, including any basement, elevated to a minimum of two feet above base flood elevation, together with the attendant utility and sanitary facilities; a registered professional engineer, architect, or land surveyor must certify to the floodplain administrator that this standard is met. Nonresidential buildings get an alternative under subsection (2): floodproof to the same two-foot elevation with watertight, substantially impermeable walls, engineer-certified.

The floodplain administrator, who by Sec. 1 is the city engineer or a designee, reviews every floodplain development permit application against factors in Sec. 10/sf). 3(1)q. An owner denied a permit, or contesting the floodplain administrator's determination, can seek a variance from the construction board of appeals under Sec. 4, which requires showing good and sufficient cause and that denial would cause exceptional hardship, and may further appeal that board's decision to a court of competent jurisdiction. Violation of the article, including building below the required elevation without compliance, is a misdemeanor under Sec. 00 per day, with each day of noncompliance a separate offense.

Violations & Fines

Building or substantially improving a residential structure without meeting the two-foot elevation and certification requirements is a misdemeanor under Sec. 58-30.8, fined up to $2,000.00 for each day the violation continues. The floodplain administrator (city engineer) enforces the permit and elevation requirements, and a denied applicant may appeal first to the construction board of appeals and then to court.

Frequently Asked Questions

How high above flood level must a New Braunfels home be built?
New construction or substantial improvement of a residential structure must have its lowest floor, including any basement, elevated at least two feet above the base flood elevation, per City Code Sec. 58-30.2(1). A registered engineer, architect, or land surveyor must certify the elevation to the floodplain administrator.
Who approves a floodplain development permit in New Braunfels?
The floodplain administrator, designated as the city engineer or the engineer's designee under Sec. 58-29.1, reviews and approves or denies every floodplain development permit application, weighing flood danger, damage susceptibility, and effects on flood heights under Sec. 58-29.3(3).
Can I get a variance from the two-foot elevation requirement?
Yes, but only from the construction board of appeals under Sec. 58-29.4, and only on a showing of good and sufficient cause and exceptional hardship if denied; the board cannot grant a variance that would raise flood levels within a floodway. Its decision can be appealed further to the courts.

Sources & Official References

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