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

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

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

(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?
Section 2.8(p) applies to any subdivision, or part of one, inside a Flood Hazard Area as defined on maps from the U.S. Department of Housing and Urban Development, which is how flood zones were referenced when this provision was written; today that corresponds to FEMA's Special Flood Hazard Areas.
Can the county just refuse to allow a subdivision in a flood plain?
Yes, outright. Section 2.8(p) lets the Commissioners' Court prohibit the subdivision of any land lying within the flood plain of a stream or drainage course whenever it decides that step is necessary for the health, safety, or welfare of current and future residents.
Does low-lying flood-prone land count toward a lot's minimum size?
No. Section 2.8(o)(2)(D) requires land along a watercourse that is subject to flooding or overflow to be preserved as a drainage way in its natural state, and specifically excludes that acreage from the calculation of a lot's required area.
Is there a separate flood ordinance besides the subdivision regulations?
Yes. Section 2.8(p) itself points to the El Paso County Flood Plain Regulations, adopted separately by the Commissioners' Court, plus National Flood Insurance Program rules; that flood-damage-prevention order is a distinct county instrument from the platting rules quoted here.

Sources & Official References

Other rules in El Paso County

All El Paso County rules

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