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Texas Statewide Rule

Texas Requires Every City and County to Regulate Flood Zones

Some RestrictionsApplies statewide across Texas (2026)

Key Facts

Statute
Water Code Sec. 16.3145
State coordinator
Texas Water Development Board
Cities adopt
Flood damage prevention ordinance
Counties adopt
Commissioners court order
Compliance deadline
January 1, 2001
Last verified: July 31, 2026

Summary

Texas Water Code Section 16.3145 orders the governing body of every Texas city and county to adopt the floodplain-management ordinances or orders needed to qualify for the National Flood Insurance Program.

The governing body of each city and county shall adopt ordinances or orders, as appropriate, necessary for the city or county to be eligible to participate in the National Flood Insurance Program, not later than January 1, 2001.

Full Breakdown

Section 16.3145 makes floodplain regulation non-optional in Texas: each city council must pass a flood damage prevention ordinance and each commissioners court must pass an equivalent order to keep the jurisdiction in the National Flood Insurance Program. The Texas Water Development Board coordinates NFIP participation and publishes three model orders/ordinances communities adopt and tailor to their FEMA flood maps. Under those local rules, any development in a mapped Special Flood Hazard Area needs a floodplain development permit, and new construction must be elevated to or above the base flood elevation.

Violations & Penalties

A community that does not adopt and enforce compliant floodplain rules is suspended or non-participating in the NFIP, so its residents cannot buy federally backed flood insurance and lose FEMA grant aid for insurable structures after a flood.

Frequently Asked Questions

Does every Texas county have to regulate floodplains?
Yes. Section 16.3145 directs the governing body of each city and county to adopt the ordinances or orders needed to participate in the National Flood Insurance Program.
Do I need a permit to build in a Texas flood zone?
Yes. Under the locally adopted floodplain ordinance or order, development in a mapped Special Flood Hazard Area requires a floodplain development permit before construction begins.
What happens if my city ignores the requirement?
The community becomes ineligible for the NFIP, so residents cannot obtain federally backed flood insurance and lose most federal disaster assistance for insurable buildings.

Sources

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