Houston, TX Environmental Rules: Flood Zones (2026)

Section 19-16(a) makes a floodplain development permit mandatory for any development activity within a Houston special flood hazard area, in addition to whatever building, paving, or utility construction permit the project already needs, and independent of whether Chapter 42 requires a plat. The section states plainly that development in the flood hazard area is unlawful without a floodplain development permit. Under Section 19-16(b), an issued permit expires if construction has not commenced within 18 months, once the permitted project is completed, or after five years, whichever occurs first, so property owners who delay a project risk having to reapply and pay the fee again.

Section 19-16(c) blocks the city from issuing a building permit, floodplain development permit, or plat approval on a property that already carries an open floodplain violation unless the new work will fix that violation or the violation has already been cleared, and permitted work must also be designed to minimize surface runoff, erosion, and sedimentation. The city engineer administers the program and reviews applications under Section 19-17 for elevation data, drainage impact, and flood hazard area designation. If the city engineer finds grounds to revoke a permit under Section 19-23, the department must serve written notice, hold a hearing before the general appeals board, and the permit holder can appeal an adverse decision to city council within ten days by filing with the city secretary under Rule 12 of Section 2-2.

Section 19-91 lets the city attorney sue to enjoin ongoing violations, recover civil penalties, and recover the city's costs of forcing a site into compliance, and the city engineer can also file a certificate of non-compliance in the county deed records or ask FEMA to deny flood insurance coverage on a violating property.