El Paso County, TX Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in El Paso County, TX, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Governing section
- Subdivision Regulations Sec. 2.8(p)
- Trigger
- HUD/FEMA-mapped Flood Hazard Area
- County power
- May prohibit subdividing flood-plain land
- Cross-reference
- Federal Register Vol. 41, No. 207 (NFIP)
- Lot-area rule
- Flood-prone land excluded from lot size, Sec. 2.8(o)(2)(D)
- Separate instrument
- County Flood Plain Regulations, not this document
Summary
Any unincorporated El Paso County subdivision that falls inside a HUD-defined Flood Hazard Area must be built to the county's own Flood Plain Regulations and National Flood Insurance Program rules under Section 2.8(p) of the Subdivision Regulations. The Commissioners Court can flatly prohibit subdividing land that lies within a stream's flood plain.
(p) Flood Hazard Areas. If a subdivision or a portion of a subdivision is in an area that has been defined as a Flood Hazard Area by the U.S. Department of Housing and Urban Development maps, then said subdivision or portion of subdivision shall be constructed according to the Regulations passed by El Paso County Commissioners' Court and by regulations set by the National Flood Insurance Program as stated in the Federal Register Vol. 41, No. 207-Tuesday, January 26, 1988 and any amendments thereto. The Commissioners' Court may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area, prohibit the subdivision of any land which lies within the flood plain of any stream or drainage course.
Full Breakdown
8(p), Flood Hazard Areas. S. Department of Housing and Urban Development, the tract must be built out according to two sets of rules at once: the regulations the Commissioners' Court has separately adopted, the county's Flood Plain Regulations (a distinct order, not part of this platting document), and the National Flood Insurance Program rules as published in the Federal Register, Volume 41, Number 207. 8(p) gives the Commissioners' Court an outright veto: when the Court decides it is necessary for the health, safety, or welfare of the present and future population, it may prohibit subdividing any land that lies within the flood plain of a stream or drainage course altogether, regardless of what mitigation a developer proposes.
8 treats low, flood-prone land as off-limits for lot-area credit: subsection (o)(2)(D) requires land along a watercourse that floods or overflows during storms to be kept in its natural state as a drainage way, whether or not it was already dedicated, and bars a subdivider from counting that acreage toward a lot's minimum size. Because El Paso County itself does not issue building permits in the unincorporated area, a developer inside a mapped flood hazard area works through the plat-approval process described in these Regulations, not a permit counter, and compliance is checked at the plat stage before any lot can be sold or built on.
Violations & Fines
There's no dollar penalty printed in Section 2.8(p) itself; the remedy is that the Commissioners' Court can refuse to approve, or can categorically prohibit, a plat covering land in a flood plain. Beyond the plat stage, Section 4.4 lets the County Attorney sue to recover damages sufficient for the county to complete drainage or flood-control work a subdivider failed to provide, and Section 4.2 backs enforcement with Water Code Chapter 7 and Local Government Code Sections 232.037 and 232.080.
Frequently Asked Questions
What flood maps trigger these rules?
Can the county just refuse to allow a subdivision in a flood plain?
Does low-lying flood-prone land count toward a lot's minimum size?
Is there a separate flood ordinance besides the subdivision regulations?
Sources & Official References
Other rules in El Paso County
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