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

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

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

(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?
One foot. Section 3.3(e)(1)(F) requires the building elevation on any lot in FEMA's 'A' flood zone to sit at least one foot above the 100-year flood level, and a professional engineer must calculate that figure and certify it on the final plat before the county will approve it.
Who has to certify the flood elevation?
A Texas-licensed professional engineer, or in some cases a registered surveyor. Section 3.3(e)(1)(F) requires the engineer's seal and signature on the plat next to the elevation figure, and Section 3.3(d)(2)(G) similarly requires an engineer or surveyor's seal on the Flood Zone Area boundary itself.
Does showing a floor elevation cost anything extra?
Yes. Section 3.3(d)(2)(H) says that once a finished floor elevation for a flood-hazard lot is noted on the plat, minimum development permit fees become applicable to buildings on that lot, and elevation verification is still required no matter what fee was paid.
Do subdivisions near flood zones need permanent markers?
Yes. Section 3.3(d)(2)(I) requires one or more benchmarks to be set in any subdivision that contains or borders a flood hazard area, and those benchmarks cannot be spaced more than 2,500 feet apart anywhere in the subdivision.

Sources & Official References

Other rules in El Paso County

All El Paso County rules

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