The Legislature of the State of Texas has in the Flood Control Insurance Act, V.T.C.A., Water Code § 16.315 delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. 

Effective on: 8/9/2022

1. (a)
   Flood Hazard Areas.  The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
2. (b)
   Flood Losses.  These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.

Effective on: 8/9/2022

1. (a)
   Statement of purpose.  This Section promotes the public health, safety, and general welfare and minimizes public and private losses due to flood conditions in specific areas by provisions designed to:

   1. (1)
      Protect human life and health;
   2. (2)
      Ensure that potential buyers are notified that the property is in a flood area;
   3. (3)
      Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; 
   4. (4)
      Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in floodplains;
   5. (5)
      Minimize prolonged business interruptions;
   6. (6)
      Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; and,
   7. (7)
      Minimize the expenditure of public money for costly flood-control projects.
2. (b)
   Compliance.  No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations.
3. (c)
   Liability Disclaimer.  The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.  On rare occasions, greater floods can and will occur, and flood heights may be increased by manmade or natural causes.  This Section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.  This Article shall not create liability on the part of the City or any official or employee of the City for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.

Effective on: 8/9/2022

1. (a)

   Basis for Establishing the Areas of Special Flood Hazard.  The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for the City of Borger, Hutchinson County, Texas" dated February 2, 1996, with accompanying Flood Insurance Rate Map (FIRM), Community Number 480374, dated February 2, 1996, and any revisions thereto are hereby adopted by reference and declared to be a part of the City's Code of Ordinances.

2. (b)
   Floodway Not Designated.

   1. (1)
      General Requirement.  When a floodway has not been designated, the Floodplain Administrator shall require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the City's FIRM.
   2. (2)
      Exception to General Requirement.  If it can be demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City then the general requirement as stated in Paragraph (c)(1), above, shall be no longer be applicable.
3. (c)
   Floodplain Development Permit.  A floodplain development permit shall be required to ensure conformance with the permit requirement of Subsection 14.06.306, Floodplain Development Permit.

Effective on: 8/9/2022

 In order to accomplish its purposes, this Section uses the following methods:

1. (a)
   Prohibited Uses.  Restricting or prohibiting uses that are dangerous to health, safety, or property in times of flood or cause excessive increases in flood heights or velocities;
2. (b)
   Flood Protection.  Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3. (c)
   Grade Alterations.  Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
4. (d)
   Development Activities.  Controlling filling, grading, dredging, and other development which may increase flood damage; and,
5. (e)
   Flood Barriers.  Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or which may increase flood hazards to other lands. 

Effective on: 8/9/2022

1. (a)

   Required.  A floodplain development permit, as established in Subsection 14.06.306, Floodplain Development Permit, for development in a floodplain is required to ensure conformance with this Section.

2. (b)
   Application.  Application for a floodplain development permit shall be presented to the Floodplain Administrator and shall include plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard.  The Floodplain Administrator shall prescribe floodplain development permit application forms.  The following information is also required and shall be maintained and held open for public inspection in accordance with Subsection 14.05.107, Floodplain Administrator:

   1. (1)
      Lowest Floor.  Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures in the floodplain;
   2. (2)
      Floodproofing Elevation.  Elevation (in relation to mean sea level) to which any nonresidential structure shall be floodproofed;
   3. (3)
      Certificate.  A certificate from a registered professional engineer or architect that a nonresidential floodproofed structure shall meet the floodproofing criteria of Paragraph 14.04.203(c), Nonresidential Construction; and,
   4. (4)
      Alteration of Watercourse or Drainage.  Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of the proposed development.
3. (c)
   Approval or Denial. Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all of the provisions of this Article and the following relevant factors:

   1. (1)
      Danger to Life and Property.  The danger to life and property due to flooding or erosion damage;
   2. (2)
      Susceptibility to Flood Damage.  The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
   3. (3)
      Sweeping of Materials.  The danger that materials may be swept onto other lands to the injury of others;
   4. (4)
      Compatibility.  The compatibility of the proposed use with existing and anticipated development;
   5. (5)
      Emergency Access.  The safety of access to the property in times of flood for ordinary and emergency vehicles;
   6. (6)
      Costs of Governmental Services.  The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical, and water systems;
   7. (7)
      Expected Floodwaters.  The expected heights, velocity,  duration, rate of rise, and sediment transport of the floodwaters, and the effects of wave action expected at the site, where applicable, are manageable;
   8. (8)
      Waterfront Necessity.  The necessity to the facility of a waterfront location, where applicable;
   9. (9)
      Alternative Locations.  The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and,
   10. (10)
       Affirmative Findings.  The relationship of the proposed use to the City's Comprehensive Plan for that area.
4. (d)
   Revocation of Floodplain Development Permit.

   1. (1)
      Grounds for Revocation.  In addition to the remedies provided in Article 14.08, Enforcement and Remedies,  whenever the Floodplain Administrator finds that there are grounds for revocation of a floodplain development permit, written notice shall be given to the permittee by personal service or by certified mail, return receipt requested, addressed to the applicant at the address set forth in the floodplain development permit application.  That notice may require that any work on the property currently underway is required to stop immediately, that a stop order is being issued, and shall set forth:

      1. (A)
         The specific grounds upon which the floodplain development permit in question may be revoked;
      2. (B)
         The fact that there will be a hearing before the Floodplain Administrator in which the City will seek the revocation of the floodplain development permit;
      3. (C)
         The date, time, and place of such hearing; and,
      4. (D)
         The fact that the permittee may appear in person or be represented by an attorney.
   2. (2)
      Final Decision.  After completion of the presentation of evidence by all parties appearing, the Floodplain Administrator shall make written findings and render a written order as to whether or not there are grounds for revocation of the floodplain development permit.  If there are such grounds, the Floodplain Administrator shall revoke the floodplain development permit.  The Floodplain Administrator may take other lesser actions deemed appropriate including, but not limited to, the temporary suspension of the permit, the revision of the floodplain development permit, or the addition of conditions.  A true and accurate copy of the Floodplain Administrator's order shall be personally delivered or mailed by certified mail, return receipt requested, to the permittee.
   3. (3)
      Refunds.  If a floodplain development permit is revoked, suspended, or revised by the Floodplain Administrator, the City is not liable to any person for any refund of any part of any fees.
   4. (4)
      Appeal.  The revocation, suspension, or revision of a floodplain development permit may be appealed to the City Council and upon the filing of a written application with the City Secretary within 10 days after the Floodplain Administrator's written order is rendered.  An appeal of a revocation, suspension, or revision of a floodplain development permit does not temporarily suspend the Floodplain Administrator's order of revocation pending the appeal. 

Effective on: 8/9/2022

In all areas of special flood hazard, the following provisions are required for all new construction and substantial improvements:

1. (a)
   Anchoring.  All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. (b)
   Methods and Practice.  All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
3. (c)
   Materials.  All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
4. (d)
   Utilities.  All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. (e)
   Water Supply Systems.  All new and replacement water supply systems shall be designed to minimize or eliminate the infiltration of floodwaters into the systems;
6. (f)
   Sanitary Sewers.  New and replacement sanitary sewer systems shall be designed to minimize or eliminate the infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and,
7. (g)
   On-Site Waste Disposal.  On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Effective on: 8/9/2022

1. (a)
   Generally.  In all areas of special flood hazard where base flood elevation data are provided, as set forth in this Subsection, the following provisions apply.
2. (b)
   Residential Construction.  New construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated to or above the base flood elevation.  A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standard of this Section, as proposed in Subsection 14.06.306, Floodplain Development Permit, is satisfied.
3. (c)
   Nonresidential Construction.  New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or, together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.  A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this Subsection.  A record of such certification that includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
4. (d)
   Enclosures.  New construction and substantial improvements with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.   Designs for meeting this requirement shall either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

   1. (1)
      Openings on Walls.  A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
   2. (2)
      Bottom of Openings.  The bottom of all openings shall be no higher than one foot above grade.
   3. (3)
      Coverings or Devices.  Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
5. (e)
   Manufactured Homes.

   1. (1)
      Zone A.  Manufactured homes in Zone A on the City's Flood Hazard Boundary Map or Flood Insurance Rate Map (FIRM) shall be installed using methods and practices that minimize flood damage.  For the purpose of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement.  Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.  This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
   2. (2)
      Zones A1-30, AH, and AE.

      1. (A)
         Manufactured homes that are placed or substantially improved within zones A1-30, AH, and AE on the City's FIRM on sites shall:

         1. (i)
            Be on the site for fewer than 180 consecutive days;
         2. (ii)
            Be fully licensed and ready for highway use; or,
         3. (iii)
            In an expansion to an existing manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood, be elevated on a permanent foundation such that the lowest floor is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
      2. (B)
         Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the City's FIRM that are not subject to the provisions of paragraph (A), above, shall be elevated so that either:

         1. (i)
            The lowest floor of the manufactured home is at or above the base flood elevation; or,
         2. (ii)
            The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
6. (f)
   Recreational Vehicles.  Recreational vehicles placed on sites within zones A1-30, AH, and AE on the City's FIRM either:

   1. (1)
      Temporary.  Be on the site for fewer than 180 consecutive days;
   2. (2)
      Fully Licensed.  Be fully licensed and ready for highway use so that the vehicle is attached to the site only by quick disconnect type utilities and security devices on its wheels or jacking system, and has no permanently attached additions; or,
   3. (3)
      Anchoring.  Meet the permit requirements of Subsection 14.06.306, Floodplain Development Permit, and the elevation and anchoring requirements for manufactured homes in paragraph (e)(1), above.

Effective on: 8/9/2022

1. (a)
   Generally.  All subdivision proposals, including manufactured home parks and subdivisions, shall be consistent with this Section.
2. (b)
   Floodplain Development Permit.  All proposals for the development of subdivisions, including manufactured home parks and subdivisions, shall meet the requirements of Section 14.04.100, Flood Damage Prevention.
3. (c)
   Data Generation.  Base flood elevation data shall be generated for subdivision proposals and other proposed development, including manufactured home parks and subdivisions, which are greater than 50 lots or five acres, whichever is lesser.
4. (d)
   Adequate Drainage.  All subdivision proposals, including manufactured home parks and subdivisions, shall have adequate drainage provided to reduce exposure to flood hazards.
5. (e)
   Utilities.  All subdivision proposals, including manufactured home parks and subdivisions, shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize or eliminate flood damage.

Effective on: 8/9/2022

1. (a)

   Generally.  Located within the areas of special flood hazard established in Subsection 14.04.104(a), Basis for Establishing the Areas of Special Flood Hazard, are areas designated as shallow flooding.  These areas have special flood hazards associated with flood depths of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.  Such flooding is characterized by ponding or sheet flow; therefore, the provisions within this Subsection apply.

2. (b)
   Drainage Paths.  Require within Zones AH or AO adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
3. (c)
   Certification.  A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as established in Subsection 14.06.306, Floodplain Development Permit, are satisfied.
4. (d)
   Nonresidential.  All new construction and substantial improvements of nonresidential structures shall:

   1. (1)
      Elevation.  Have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the City's Flood Insurance Rate Map (at least two feet if no depth number is specified); or,
   2. (2)
      Watertight.  Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO zone or below the base flood elevation in an AH zone, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy.
5. (e)
   Residential.  All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the City's Flood Insurance Rate Map (at least two feet if no depth number is specified).

Effective on: 8/9/2022

1. (a)
   Floodways. Floodways are located within areas of special flood hazards established in Subsection 14.04.104(a), Basis for Establishing the Areas of Special Flood Hazard. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the provisions within this Subsection shall apply.
2. (b)
   Encroachments.  Encroachments are prohibited, including fill, new construction, substantial improvements, and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City during the occurrence of the base flood discharge.
3. (c)
   Increase in Base Flood Elevations.  Under the provisions of 44 CFR 65.12 of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the City first applies for a conditional Flood Insurance Rate Map and floodway revision through FEMA.
4. (d)
   Permitted Encroachments.  If paragraphs (a) and (b), above, are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Section.

Effective on: 8/9/2022