1. 9.101
   Statutory Authority

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

2. 9.102
   Purpose

   The flood protection regulations of this article are adopted to protect the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

   1. 9.102.A
      Protect human life and health;
   2. 9.102.B
      Minimize expenditure of public money for costly flood control projects;
   3. 9.102.C
      Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   4. 9.102.D
      Minimize prolonged business interruptions;
   5. 9.102.E
      Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
   6. 9.102.F
      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; and
   7. 9.102.G
      Ensure that potential buyers are notified that property is in a flood area.
3. 9.103
   Warning and Disclaimer of Liability

   The degree of flood protection required by the flood protection regulations of 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 man-made or natural causes. This Development Code does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Development Code does 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 these regulations of any administrative decision lawfully made pursuant to these regulations.

4. 9.104
   Floodplain Administrator

   1. 9.104.A
      Designation

      The City Council appoints the City Engineer as the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) on floodplain management.

   2. 9.104.B
      Duties and Responsibilities of the Floodplain Administrator

      The duties and responsibilities of the floodplain administrator include, but are not limited to, the following:

      1. 1.
         Maintaining and holding open for public inspection all records concerning the provisions of this section;
      2. 2.
         Reviewing permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding;
      3. 3.
         Reviewing, approving or denying all applications for development permits required by adoption of this section;
      4. 4.
         Reviewing permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required;
      5. 5.
         Determining the flood hazard boundary line where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears a conflict between a mapped boundary and actual field conditions). In such cases the floodplain administrator will make the necessary interpretation;
      6. 6.
         Notifying, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB), before any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA;
      7. 7.
         Assuring that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;
      8. 8.
         Obtaining, reviewing and using any base flood elevation data and floodway data available from a federal, state or other source, to administer the provisions of the section when base flood elevation data has not been provided according to Sec. 9.200 and
      9. 9.
         Prohibiting new construction, substantial improvements, or other development (including fill) within Zones A1-30 and AE on the City's FIRM, when a regulatory floodway has not been designated, unless the developer shows 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 1 foot at any point within the community.

Effective on: 1/1/1901

Special flood hazard areas are subject to inundation by the base flood (1-percent-annual-chance, previously known as 100-year flood) in the City as identified in a scientific and engineering report entitled, “The Flood Insurance Study for the Walker County and Incorporated Areas” date effective August 16, 2011 and any revisions thereto issued with accompanying Flood Insurance Rate Maps by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA).

1. 9.201
   The Base Flood Elevation (BFE) is the elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year, also referred to as the "base flood.”
2. 9.202
   The City Council adopts the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) dated August 16, 2011 issued for the City by FEMA effective August 16, 2011 and any revisions thereto. The City Engineer is responsible for maintaining copies of the FIS and FIRM.
3. 9.203
   A person commits an offense if the person makes any change to improved or unimproved real estate (including but not limited to buildings, structures, dredging, filling, grading, paving or excavation) within the floodplain without a development permit from the City.
4. 9.204
   If a developer proposes to develop land located in an area not surveyed for Flood Hazard according to the FIRM, then the developer must employ an engineer to determine the flood hazard for the proposed development.

Effective on: 1/1/1901

The following provisions apply to all new construction and substantial improvements in special flood hazard areas:

1. 9.301
   All new construction or substantial improvements must be designed (or modified) to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. 9.302
   All new construction and substantial improvements must be constructed using methods and practices that minimize flood damage.
3. 9.303
   All new construction and substantial improvements must be constructed with materials and equipment resistant to flood damage.
4. 9.304
   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
5. 9.305
   All new and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the system.
6. 9.306
   New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
7. 9.307
   New or replacement on-site waste disposal systems must be located and designed to avoid impairment to them or contamination from them during flooding.

Effective on: 1/1/1901

The following provisions apply in all areas of special flood hazard where base flood elevation data has been provided as set forth in Sec. 9.201; §9.104.B9; and Sec. 9.604.

1. 9.401
   Residential Construction

   A registered professional engineer, architect or land surveyor must submit to the City Engineer a signed certification, using the latest edition of the elevation certificate form published by FEMA, that new construction and substantial improvement of any residential structure will have the lowest floor (including basement) elevated to at least 2 feet above the base flood elevation before the City Engineer or Building Official issues a permit for construction or improvement.

2. 9.402
   Nonresidential Construction

   1. 9.402.A
      Minimum Building Elevation

      New construction and substantial improvements of any commercial, industrial or other nonresidential structure must either have the lowest floor (including basement) elevated to at least 2 feet above the base flood level or, with attendant utility and sanitary facilities, be designed so that all portions of the structure below a point 2 feet above the base flood elevation are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

   2. 9.402.B
      Certification Required

      1. 1.
         An architect or registered professional engineer must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice, as outlined in these regulations. A record of such certification, which includes the specific elevation (in relation to vertical datum used in the Flood Insurance Rate Maps) to which such structures are floodproofed, must be maintained by the City as part of the permanent development permit file.
      2. 2.
         Submittal of the latest edition of the elevation certificate form published by FEMA is also required. This certificate must be duly certified by a registered professional engineer, architect or registered land surveyor.
3. 9.403
   Enclosures

   New construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding, must 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 must either be certified by an architect or registered professional engineer or meet or exceed the following minimum criteria:

   1. 9.403.A
      A minimum of 2 openings having a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding must be provided;
   2. 9.403.B
      The bottom of all openings must be no higher than one foot above grade; and
   3. 9.403.C
      Openings may be equipped with screens, louvers, valves, or other coverings or devices if they allow the automatic entry and exit of floodwaters.
4. 9.404
   Manufactured Homes

   1. 9.404.A
      All manufactured homes to be placed within Zone A on the Flood Hazard Boundary Map (FHBM) or FIRM, must be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. The floor elevation of the manufactured home must be at least 2 feet above the base flood elevation. Submittal of the latest edition of the elevation certificate form published by FEMA is also required. This certificate must be duly certified by a registered professional engineer, architect or registered land surveyor.
   2. 9.404.B
      Methods of anchoring may include 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.
   3. 9.404.C
      All manufactured homes to be placed or substantially improved within Zones A1-30, AH, and AE on the City’s FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least 2 feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
   4. 9.404.D
      Manufactured homes to be 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 Sec. 9.600 must be elevated so that either:

      1. 1.
         The lowest floor of the manufactured home is at least 2 feet above base flood elevation; or
      2. 2.
         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.

Effective on: 2/22/2023

Recreational vehicles placed on sites within Zones A1-30, AH, and AE must either:

1. 9.501.A
   Be on the site for less than 180 consecutive days and be fully licensed and ready for highway use, as evidenced being on its wheels or jacking system, being attached to the site only by quick disconnect type utilities and security devices, and having no permanently attached additions; or
2. 9.501.B
   Comply with the elevation and anchoring requirements for manufactured homes as set forth Sec. 9.404 and obtain a permit from the floodplain administrator.

Effective on: 1/1/1901

1. 9.601
   All subdivision proposals including mobile home/manufactured housing parks and subdivisions are subject to the flood protection regulations of this article.
2. 9.602
   The developer of subdivisions including manufactured home parks and subdivisions must obtain a floodplain development permit before final platting.
3. 9.603
   A developer must generate flood elevation data for subdivision proposals and other proposed development, including the placement of mobile home/manufactured housing parks and subdivisions greater than 50 lots or 5 acres.
4. 9.604
   All subdivision proposals including mobile home/manufactured housing parks and subdivisions must have adequate drainage provided to reduce exposure to flood hazards.
5. 9.605
   All subdivision proposals including mobile home/manufactured housing parks and subdivisions must have public utilities and facilities (sewer, gas, electrical and water systems) located and constructed to minimize or eliminate flood damage.

Effective on: 1/1/1901

Located within the areas of special flood hazard are areas designated as areas of shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may or may not be evident. Such flooding is characterized by ponding or sheet flow. The following regulations apply in such areas.

1. 9.701
   All new construction and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least 2 feet if no depth number is specified).
2. 9.702
   All new construction and substantial improvements of nonresidential structures:

   1. 9.702.A
      Must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least 2 feet if no depth number is specified), or;
   2. 9.702.B
      Together with attendant utility and sanitary facilities be designed so that all portions of such facilities below a point 2 feet above the base flood elevation are watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
3. 9.703
   A registered professional engineer or architect must submit to the City Engineer a certification that will become part of the permanent development permit file stating that the standards of this article are satisfied.
4. 9.704
   Within Zones AH or AO, the developer must provide adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

Effective on: 1/1/1901

Floodways are located within areas of special flood hazard established in Sec. 9.200. The floodway is an extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles and high erosion potential. The following regulations apply in such areas:

1. 9.801
   Encroachments are prohibited, including fill, new construction, substantial improvements and other development unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachments will not result in any increase in flood levels within the City during the occurrence of the base flood discharge.
2. 9.802
   Where Sec. 9.801 is satisfied, all new construction and substantial improvements must comply with all applicable flood hazard reduction provisions of Sec. 9.300 and Sec. 9.400.

Effective on: 1/1/1901

Decisions of the City Engineer may be appealed in accordance with Sec. 12.1000. The City Engineer must maintain a record of all actions involving an appeal and report to FEMA upon request.

Effective on: 1/1/1901

1. 9.1001
   Authorized

   The Board of Adjustment is authorized to grant variances to the flood protection regulations of this article, subject to compliance with all applicable regulations of this section.

2. 9.1002
   Applicability

   Variances may be issued for:

   1. 9.1002.A
      The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and that the variance is the minimum relief necessary to preserve the historic character and design of the structure;
   2. 9.1002.B
      New construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below a point 2 feet above the base flood level. As the lot size increases beyond one-half acre, the justification required for issuing a variance to the flood protection regulations increases.
3. 9.1003
   Prohibited Variances

   The Board of Adjustment may not issue a variance within any designated floodway if any increase in flood levels during the base flood discharge would result.

4. 9.1004
   Procedures

   The variance procedures of Sec. 12.900 must be followed for flood protection variances.

5. 9.1005
   Variance Prerequisites

   Prerequisites for granting variances are:

   1. 9.1005.A
      The Board of Adjustment may approve a variance only upon a determination that the variance is the minimum relief necessary, considering the flood hazard, to afford relief.
   2. 9.1005.B
      The Board of Adjustment may approve a variance only upon:

      1. 1.
         The applicant showing a good and sufficient cause;
      2. 2.
         A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
      3. 3.
         A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creating nuisances, causing fraud on or victimization of the public, or conflict with existing local laws or ordinances.
   3. 9.1005.C
      The Board of Adjustment must give any applicant to whom it grants a variance written notice that the structure will be permitted to be built with the lowest floor elevation below a point at least 2 feet above the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. This notice must be filed in the deed records affecting the property.
   4. 9.1005.D
      The Board of Adjustment may approve a variance for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use if the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

Effective on: 1/1/1901