City Fines Property Owner Filling West Fork Floodplain, Floodway
1/13/25 – The City of Houston is fining a property owner caught bringing massive amounts of fill into the floodway and floodplain of the San Jacinto West Fork. The fines will signal others that the City is serious about enforcing its floodplain regulations.
Raid in Response to Dumping Caught on Camera
On 12/11/25, Houston Public Works raided a property at 21915 Savell Road, Kingwood, Texas 77339. The main entrance to the property lies at the corner of Savelle and Sorters-McClellan Roads.
The owner of the largely vacant property was bringing in dozens of giant dump trucks filled with dirt. The trucks dumped the dirt in the floodplain and floodway of the San Jacinto West Fork.
City inspectors, District E City Councilman Fred Flickinger’s Chief of Staff Dustin Hodges and HPD caught a dump truck pulling away with its bed still up as they entered the site. The raid was caught on camera.
City ordinances adopted after Harvey prohibit bringing fill into the floodways or 100-year floodplains. Property owners can move dirt within them. For instance, they can excavate detention basins and use the dirt to elevate homes elsewhere on the site above the floodplain. But they cannot add fill and constrict the conveyance of streams, rivers, or bayous. That pushes water onto adjoining property owners and increases their flood risk.
Multiple Violations Found
According to the City, inspectors found multiple egregious violations at the site. Despite that, the property owner appeared defiant rather than contrite in a followup meeting.
On December 19, the inspector met with the property owner. The meeting reportedly began innocently enough. The owner identified himself and the inspector confirmed his ownership of the property through Harris County Appraisal District records.
They then discussed multiple violations observed on the property within the Special Hazard Flood Area (SHFA) and the Floodway. The violations included:
- CC460 – No Development Permit: Two un-permitted structures were observed within the SHFA.
- BD44 – Performing Grading Without First Obtaining a Permit: Inspectors observed introduction of excessive fill material (dirt) within the SHFA and the Floodway without an approved permit.
- BD55 – Failure to Employ Silt Fencing: They also found no erosion-control measures in place. Worse, they observed fill material runoff entering the West Fork of the San Jacinto River and a nearby tributary.
The inspector next explained the applicable Federal Emergency Management Agency (FEMA)/Chapter 19 Floodplain Ordinance, including City of Houston amendments.
Then, he reportedly told the property owner that an “as-is topographic survey” would be required to proceed. The survey would need to include spot elevations of current site conditions, delineation of the SHFA and Floodway, and the legal property boundaries.
He said this information was necessary because a neighboring property is also believed to be in violation.
Owner Pushes Back
According to the inspector, the owner then asked who would be responsible for paying for the survey. The inspector advised him that the cost would be the responsibility of the property owner in violation.
The owner then responded that he was not in violation and that if a survey were needed, the City of Houston would have to pay for it.
City Inspector
The inspector then explained that “Without the required survey information, I could not assist him in bringing the property into compliance.” Further, the inspector advised the owner that, based on his position, there was nothing further to discuss and that citations would be issued that day and weekly thereafter until compliance was achieved.
Owner Refuses to Sign Citation
Next, the inspector asked the owner if he would sign the citation, but the owner declined. The inspector then informed him of the violations being cited and his arraignment date, time, and location. Finally, the inspector advised him that the citation—and any subsequent citations—would be mailed to the address listed on his state-issued identification.
Since that meeting, the inspector has issued citations on a weekly basis. Arraignment dates for these citations are scheduled as follows: January 27, 2026; February 3, 2026; and February 10, 2026.
“Beginning January 27, 2026,” said the inspector, “the owner’s required appearance for arraignments will be scheduled every Tuesday thereafter until compliance is achieved or until otherwise directed by leadership.”
What City Regulations Say
City of Houston regulations prohibit bringing fill dirt into floodways and floodplains. Chapter 19 Div. 2 Sec. 19.34 states:
- No fill may be added to a 100-year floodplain.
- Any loss of floodplain-storage volume must be mitigated onsite.
Floodways enjoy even more protection. Chapter 19 Div. 3 Sec. 19.43(a-b3) states:
- “No floodplain development permit shall be issued for a development to be located in any floodway…”
- “The development will not impede the flow of floodwaters.”
- “The development will not result in an adverse effect on the conveyance capacity during the occurrence of the base flood.”
Removal of Fill Demanded
According to City Council Member Flickinger’s Chief of Staff Dustin Hodges, nothing new has happened on the case since the 12/19/26 meeting.
“The City is still pushing for removal of all the fill brought into the floodplain and floodway.”
Dusin Hodges, District E Chief of Staff
Hodges also says the fine for non-compliance ranges from a minimum $250 per day up to $2,000 per day.
This may make the perfect test case. The fill, in my opinion, is egregious; this is no small amount. The area where the fill was dumped had the highest flooding in Harris County during Harvey – 27 feet above normal, which caused hundreds of millions of dollars in damage and more than a dozen deaths.
Posted by Bob Rehak on 1/12/26
3059 Days since Hurricane Harvey
