4/18/25 – Just upstream from the Humble/Kingwood Area, residents of Benders Landing Estates in Montgomery County frequently spot bald eagles flying overhead and resting in trees adjacent to 5,500 acres that Ryko is trying to develop for 7,000 homes.
Frequent Eagle Sightings Suggest Nearby Nests
Susan Gillespie Marrero of Benders Landing Estates, near the Ryko property, sent me video of two bald eagles landing in a tree outside her window.
Video of eagles in back yard of Susan Gillespie Marreroin Benders Landing Estates.
Such sightings are reportedly common in that area. Marrero also sent me dozens of postings by neighbors on a community website. See example below.
One of more than two dozen social media posts sent by Marreroshowing bald eagle sightings in/near the Ryko land.
Ryko’s property is one of the last areas in the north Houston region to be developed because of frequent flooding. Much of the area is covered by wetlands and swamps that make excellent habitat for wildlife. They also make excellent hunting grounds for the eagles. The Ryko property has likely become an eagle refuge.
Eagles No Longer Listed as Endangered, but Still Protected
Bald eagles, America’s official national symbol, were once listed as a threatened and endangered species, primarily due to habitat loss, hunting and pesticides.
But their numbers have recovered in recent years. In 1995, they were reclassified from endangered to threatened. And in 2007, they were removed entirely from the federal Endangered Species List.
However, they are still protected under other laws, such as the Bald and Golden Eagle Protection Act. And it is still illegal to harm or interfere with them or their nests without specific federal permission. Violation carries stiff fines and even jail time.
Building Near Eagles Adds Significant Time, Cost, Risk
Permit approvals can reportedly add months or even years to a construction project when eagles are involved. You must apply for an eagle permit if your project might:
Disturb an active bald or golden eagle nest (especially during nesting season: usually late winter through summer)
Destroy or remove a nest (even an inactive one)
Causerepeateddisturbances nearby (i.e., with heavy equipment)
Significantly alter eagle habitat (like clearing mature trees used for nesting or roosting)
Even if you don’t directly destroy a nest, frequent loud noise or heavy vehicle movement near an active nest can cause developers trouble under the law.
Moreover, the U.S. Fish and Wildlife Service often requires seasonal restrictions, such as:
No clearing, grading, or major disturbance within a certain distance of a nest during nesting season.
Sometimes, developers are told to wait until after chicks fledge (late summer) before starting heavy work.
Buffer zones are often required — for bald eagles, this can range from 660 feet to over 1/2 mile, depending on sight lines and level of disturbance.
How Developers Usually Handle It
If a development is near eagle habitat, developers usually hire a qualified wildlife biologist early to survey for nests.
Next, they avoid and minimize impacts first by making site plan changes. If that is not possible, they apply for a permit.
Permits can take 6-12 months, so that needs to be factored into project timelines.
Even with a permit, mitigation may be required, such as
Planting new trees.
Creating conservation easements.
Donating to eagle habitat funds.
Bottom line: If eagles are nearby, developers must avoid nests. Reportedly, it’s much easier and cheaper than trying to work through the permit process.
This could be an issue for Ryko as it seeks to build 7,000 homes and a four-lane thoroughfare stretching to Spring Creek.
Posted by Bob Rehak on 4/18/25
2789 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/04/20250418-Ryko-Property-copy.jpg?fit=1100%2C605&ssl=16051100adminadmin2025-04-18 18:32:582025-04-23 12:44:55Bald Eagles Live Where Developer Wants to Build 7,000 Homes
4/17/2025 – Montgomery County Precinct 3 Commissioner Ritch Wheeler’s office says he is taking the controversial Townsen Blvd. extension off of the County’s 2025 Road Bond. However, as of 4 P.M. this afternoon, the county’s website does not yet reflect the deletion.
Montgomery County Precinct 3 Commissioner Ritch Wheeler addressing Town Hall meeting about Townsen Blvd. and the 2025 MoCo Road Bond.
The change comes after a Town Hall meeting last night at which the commissioner heard a crowd of angry residents express their concerns about the Townsen Blvd. extension. The extension would open up 5,500 flood-prone acres, where a developer plans to build 7,000 homes.
No one spoke in favor of the road project, which includes three segments.
The cancellation of the County’s portion of the project could make it more difficult for a private developer to build a separate segment beyond that. The developer would have no thoroughfare to connect to.
Contractually, that separate segment must be completed by the end of 2030 if the developer hopes to get reimbursed $27 million from County tax revenues for building the road.
Road Plans Included Three Separate Segments
At the start of the meeting Wheeler explained that the entire road, as originally conceived, stretched from the Grand Parkway to Spring Creek on the south in three discrete segments. A bridge over Spring Creek was to have connected the Montgomery County portion of Townsen to the Harris County portion of Townsen Blvd.
Going into last night’s meeting, financing of the second segment (dotted green line) was to have come from Montgomery County’s 2025 Road Bond.
The third segment (shown in red) was to have been financed through a “381 Agreement” between Ryko, Montgomery County and several utility districts.
Controversy Surrounding 381 Agreement
Under a Texas 381 Agreement, if a developer builds a road and developments around it, the county reimburses the developer for their expenses. That reimbursement comes out of future tax revenues from the new residents. Such agreements encourage economic development.
According to Wheeler, his predecessor, James Noack, initially signed the 381 agreement with Ryko in 2018. The contract required them to complete the road by the end of 2027. But they still have not started construction, jeopardizing that deadline.
So, before Noack left office at the end of 2024, he signed an agreement to extend the deadline to 2030. That gave the developer three more years.
But Noack pushed the deadline extension through Commissioners Court on a “consent agenda.” Here’s where the plot thickens. Typically, consent agendas are reserved for non-controversial items, such as fixing a pothole.
However, the portion of the road covered by this 381 agreement was and is controversial for several reasons.
Last night, residents expressed concerns about decreases in property values along with increases in crime, traffic, flooding, and taxes. Residents also worried about the impacts on traffic safety and area schools.
This deal is very controversial and according to Wheeler should never have gone on the consent agenda.
Deadline Extension Also Fundamentally Changed Developer’s Obligation
Wheeler also pointed out that the deadline extension fundamentally changed the deal. The original agreement obligated Ryko to build the bridge over Spring Creek. However, the three-year deadline extension obligates them only to build the road – not the bridge. He also said the county has no plans to build that bridge, nor is it in the 2025 Road Bond.
Wheeler explained he had little to no power to stop the road or the agreement. “You cannot deny access to a public right of way to a property owner,” said Wheeler. But residents complained nonetheless.
Wheeler said that he met with Ryko and tried to buy the land from them. But he said they wanted “nine figures.” That would be somewhere north of $100,000,000 for 5,500 acres. And that would make the price per acre a whopping $18,000…for land that is largely in a floodplain and pockmarked with wetlands.
The land sits at the tip of a funnel where the San Jacinto West Fork, Spring Creek and Cypress Creek all come together. FEMA’s flood map below shows just how flood prone the area is.
Ryko and its partner, Pacific-Indio Properties, own the land bounded by red box. Cross-hatched = floodway. Aqua = 100-year floodplain. Brown = 500-year floodplain.
Wheeler also said that Harris County Flood Control previously offered to buy 1,800 acres of Ryko’s land – the portions closest to the West Fork and Spring Creek. However, the developer wanted $15 million. Flood Control couldn’t afford it. The land would have cost more than $8,000 per acre.
County commissioners on both sides of Spring Creek (Wheeler and Harris County Precinct 3 Commissioner Tom Ramsey), have said publicly that they would not support building a bridge over Spring Creek.
So Ryko is now battling connectivity issues to its north and south. That will limit the appeal of any developments built there. And that’s probably a good thing.
The Case for Caution
As the Federal Government reduces support for flood-mitigation and disaster relief, the financial burden will fall increasingly onto states, counties and cities to do the job by themselves. And the lowest cost way to do that is by preserving land along bayous, creeks and rivers. Prevention is always cheaper than correction.
Taking that center portion of the Townsen Blvd. extension off the Montgomery County road bond won’t prevent Ryko from developing its land. But it could make it more difficult. And, in my opinion, that is a step in the right direction.
Posted by Bob Rehak on 4/17/2025
2788 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/04/20250416-DSC_2187.jpg?fit=1100%2C733&ssl=17331100adminadmin2025-04-17 16:14:372025-04-17 18:12:08MoCo Commissioner Taking Townsen Blvd. Extension Off 2025 Road Bond
4/16/25 – Montgomery County Precinct 3 Commissioner Ritch Wheeler will host a town hall meeting tonight at 6:30 to discuss the 2025 Montgomery County Road Bond including the Townsen Blvd. extension.
One of the proposed projects is the extension of Townsen Boulevard south from the Grand Parkway toward Spring Creek. The Montgomery County long-range transportation plan shows the road eventually crossing Spring Creek and hooking up with Townsen Boulevard in Humble. However, the Townsen proposal on the 2025 MoCo Road Bond would not take it that far at this time.
The portion of Townsen on the 2025 Road Bond is the light blue within the purple area. The purple area is a portion of MoCo Precinct 3.
Location of Town Hall Meeting
The meeting has not been widely publicized. However, Commissioner Wheeler did post this on his Facebook page.
If you have concerns about the Townsen extension, which is part of the Road Bond Election on May 3, tonight may be your best chance to get them answered.
Tables on pages 13 and 14 of the agreement show the $27 million project taking place in four stages. Two of the four tables (Segments 3 and 4) reference placement of fill dirt within jurisdictional floodplains. Segment 4 also references building a bridge crossing to avoid wetlands. Section 2F of the agreement specifies a road completion date of December 31, 2027.
However, before leaving office at the end of 2024, Noack signed an amendment to the agreement extending the completion date to December 31, 2030.
So far, citizens have raised three main concerns about the Townsen Blvd. extension:
Traffic
Crime
Flooding
Traffic
Residents worry about how an increase in “cut-through” traffic would affect their tranquil lifestyles.
Crime
In a related concern, residents worry that if a Townsen Blvd. bridge ever did go across Spring Creek, it could give easier access to those in the City, who may have less than honorable intent. This is a very affluent area. Many families likely moved there to escape crime.
Flooding
The road will open up vast areas in floodplains to development. And those floodplains are expanding based on data acquired after Hurricane Harvey. But FEMA has not yet released updated flood maps. And even if they do, there is no guarantee that Montgomery County will adopt them.
Nor is there any guarantee that Montgomery County will adopt its new drainage criteria manual and floodplain regulations based on the higher standards anytime soon.
This map is from 2014. Townsen (red) will cut through many floodplains which are expanding based on data acquired after Harvey.
Residents downstream in Kingwood also fear what the floodplain development and increase in impervious cover could do. One highly reputable hydrologist told me that, “It would be like aiming a fire hose at Kingwood.”
Posted by Bob Rehak on 4/16/25
2787 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2025/04/Townsen-Extention-on-Bond.jpg?fit=1100%2C726&ssl=17261100adminadmin2025-04-16 13:02:362025-04-16 13:06:55MoCo Precinct 3 Town Hall Meeting Tonight Will Discuss Road Bond, Townsen Blvd.
Bald Eagles Live Where Developer Wants to Build 7,000 Homes
4/18/25 – Just upstream from the Humble/Kingwood Area, residents of Benders Landing Estates in Montgomery County frequently spot bald eagles flying overhead and resting in trees adjacent to 5,500 acres that Ryko is trying to develop for 7,000 homes.
Frequent Eagle Sightings Suggest Nearby Nests
Susan Gillespie Marrero of Benders Landing Estates, near the Ryko property, sent me video of two bald eagles landing in a tree outside her window.
Such sightings are reportedly common in that area. Marrero also sent me dozens of postings by neighbors on a community website. See example below.
Ryko’s property is one of the last areas in the north Houston region to be developed because of frequent flooding. Much of the area is covered by wetlands and swamps that make excellent habitat for wildlife. They also make excellent hunting grounds for the eagles. The Ryko property has likely become an eagle refuge.
Eagles No Longer Listed as Endangered, but Still Protected
Bald eagles, America’s official national symbol, were once listed as a threatened and endangered species, primarily due to habitat loss, hunting and pesticides.
But their numbers have recovered in recent years. In 1995, they were reclassified from endangered to threatened. And in 2007, they were removed entirely from the federal Endangered Species List.
However, they are still protected under other laws, such as the Bald and Golden Eagle Protection Act. And it is still illegal to harm or interfere with them or their nests without specific federal permission. Violation carries stiff fines and even jail time.
Building Near Eagles Adds Significant Time, Cost, Risk
Permit approvals can reportedly add months or even years to a construction project when eagles are involved. You must apply for an eagle permit if your project might:
Even if you don’t directly destroy a nest, frequent loud noise or heavy vehicle movement near an active nest can cause developers trouble under the law.
Moreover, the U.S. Fish and Wildlife Service often requires seasonal restrictions, such as:
How Developers Usually Handle It
If a development is near eagle habitat, developers usually hire a qualified wildlife biologist early to survey for nests.
Next, they avoid and minimize impacts first by making site plan changes. If that is not possible, they apply for a permit.
Permits can take 6-12 months, so that needs to be factored into project timelines.
Even with a permit, mitigation may be required, such as
Bottom line: If eagles are nearby, developers must avoid nests. Reportedly, it’s much easier and cheaper than trying to work through the permit process.
This could be an issue for Ryko as it seeks to build 7,000 homes and a four-lane thoroughfare stretching to Spring Creek.
Posted by Bob Rehak on 4/18/25
2789 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
MoCo Commissioner Taking Townsen Blvd. Extension Off 2025 Road Bond
4/17/2025 – Montgomery County Precinct 3 Commissioner Ritch Wheeler’s office says he is taking the controversial Townsen Blvd. extension off of the County’s 2025 Road Bond. However, as of 4 P.M. this afternoon, the county’s website does not yet reflect the deletion.
The change comes after a Town Hall meeting last night at which the commissioner heard a crowd of angry residents express their concerns about the Townsen Blvd. extension. The extension would open up 5,500 flood-prone acres, where a developer plans to build 7,000 homes.
No one spoke in favor of the road project, which includes three segments.
The cancellation of the County’s portion of the project could make it more difficult for a private developer to build a separate segment beyond that. The developer would have no thoroughfare to connect to.
Contractually, that separate segment must be completed by the end of 2030 if the developer hopes to get reimbursed $27 million from County tax revenues for building the road.
Road Plans Included Three Separate Segments
At the start of the meeting Wheeler explained that the entire road, as originally conceived, stretched from the Grand Parkway to Spring Creek on the south in three discrete segments. A bridge over Spring Creek was to have connected the Montgomery County portion of Townsen to the Harris County portion of Townsen Blvd.
The first segment (shown above in yellow) is currently under construction using private funds.
Going into last night’s meeting, financing of the second segment (dotted green line) was to have come from Montgomery County’s 2025 Road Bond.
The third segment (shown in red) was to have been financed through a “381 Agreement” between Ryko, Montgomery County and several utility districts.
Controversy Surrounding 381 Agreement
Under a Texas 381 Agreement, if a developer builds a road and developments around it, the county reimburses the developer for their expenses. That reimbursement comes out of future tax revenues from the new residents. Such agreements encourage economic development.
According to Wheeler, his predecessor, James Noack, initially signed the 381 agreement with Ryko in 2018. The contract required them to complete the road by the end of 2027. But they still have not started construction, jeopardizing that deadline.
So, before Noack left office at the end of 2024, he signed an agreement to extend the deadline to 2030. That gave the developer three more years.
But Noack pushed the deadline extension through Commissioners Court on a “consent agenda.” Here’s where the plot thickens. Typically, consent agendas are reserved for non-controversial items, such as fixing a pothole.
However, the portion of the road covered by this 381 agreement was and is controversial for several reasons.
Last night, residents expressed concerns about decreases in property values along with increases in crime, traffic, flooding, and taxes. Residents also worried about the impacts on traffic safety and area schools.
Deadline Extension Also Fundamentally Changed Developer’s Obligation
Wheeler also pointed out that the deadline extension fundamentally changed the deal. The original agreement obligated Ryko to build the bridge over Spring Creek. However, the three-year deadline extension obligates them only to build the road – not the bridge. He also said the county has no plans to build that bridge, nor is it in the 2025 Road Bond.
Wheeler explained he had little to no power to stop the road or the agreement. “You cannot deny access to a public right of way to a property owner,” said Wheeler. But residents complained nonetheless.
Wheeler said that he met with Ryko and tried to buy the land from them. But he said they wanted “nine figures.” That would be somewhere north of $100,000,000 for 5,500 acres. And that would make the price per acre a whopping $18,000…for land that is largely in a floodplain and pockmarked with wetlands.
The land sits at the tip of a funnel where the San Jacinto West Fork, Spring Creek and Cypress Creek all come together. FEMA’s flood map below shows just how flood prone the area is.
Montgomery County Appraisal District currently values the land at approximately $4,000 per acre, not $18,000.
Wheeler also said that Harris County Flood Control previously offered to buy 1,800 acres of Ryko’s land – the portions closest to the West Fork and Spring Creek. However, the developer wanted $15 million. Flood Control couldn’t afford it. The land would have cost more than $8,000 per acre.
County commissioners on both sides of Spring Creek (Wheeler and Harris County Precinct 3 Commissioner Tom Ramsey), have said publicly that they would not support building a bridge over Spring Creek.
So Ryko is now battling connectivity issues to its north and south. That will limit the appeal of any developments built there. And that’s probably a good thing.
The Case for Caution
As the Federal Government reduces support for flood-mitigation and disaster relief, the financial burden will fall increasingly onto states, counties and cities to do the job by themselves. And the lowest cost way to do that is by preserving land along bayous, creeks and rivers. Prevention is always cheaper than correction.
Taking that center portion of the Townsen Blvd. extension off the Montgomery County road bond won’t prevent Ryko from developing its land. But it could make it more difficult. And, in my opinion, that is a step in the right direction.
Posted by Bob Rehak on 4/17/2025
2788 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
MoCo Precinct 3 Town Hall Meeting Tonight Will Discuss Road Bond, Townsen Blvd.
4/16/25 – Montgomery County Precinct 3 Commissioner Ritch Wheeler will host a town hall meeting tonight at 6:30 to discuss the 2025 Montgomery County Road Bond including the Townsen Blvd. extension.
One of the proposed projects is the extension of Townsen Boulevard south from the Grand Parkway toward Spring Creek. The Montgomery County long-range transportation plan shows the road eventually crossing Spring Creek and hooking up with Townsen Boulevard in Humble. However, the Townsen proposal on the 2025 MoCo Road Bond would not take it that far at this time.
Location of Town Hall Meeting
The meeting has not been widely publicized. However, Commissioner Wheeler did post this on his Facebook page.
If you have concerns about the Townsen extension, which is part of the Road Bond Election on May 3, tonight may be your best chance to get them answered.
Last month, Montgomery County Precinct 3 listed Townsen as its #1 project.
Normally, developers pay for roads like this. But in this case, taxpayers are being asked to foot the bill. That has many people concerned.
So does the long-range plan that shows the road connecting across Spring Creek to Humble.
But back in 2018, the previous Montgomery County Precinct 3 Commissioner James Noack signed an agreement with Montgomery County Municipal Utility District No. 118 to fund the road improvement costs and reimburse the developer for its road improvement expenditures.
Tables on pages 13 and 14 of the agreement show the $27 million project taking place in four stages. Two of the four tables (Segments 3 and 4) reference placement of fill dirt within jurisdictional floodplains. Segment 4 also references building a bridge crossing to avoid wetlands. Section 2F of the agreement specifies a road completion date of December 31, 2027.
However, before leaving office at the end of 2024, Noack signed an amendment to the agreement extending the completion date to December 31, 2030.
Here are construction plans for the segment currently under construction.
Concerns about Townsen Extension
So far, citizens have raised three main concerns about the Townsen Blvd. extension:
Traffic
Residents worry about how an increase in “cut-through” traffic would affect their tranquil lifestyles.
Crime
In a related concern, residents worry that if a Townsen Blvd. bridge ever did go across Spring Creek, it could give easier access to those in the City, who may have less than honorable intent. This is a very affluent area. Many families likely moved there to escape crime.
Flooding
The road will open up vast areas in floodplains to development. And those floodplains are expanding based on data acquired after Hurricane Harvey. But FEMA has not yet released updated flood maps. And even if they do, there is no guarantee that Montgomery County will adopt them.
Nor is there any guarantee that Montgomery County will adopt its new drainage criteria manual and floodplain regulations based on the higher standards anytime soon.
So, flooding could easily damage many of the newer homes and affect the value of existing surrounding homes.
Residents downstream in Kingwood also fear what the floodplain development and increase in impervious cover could do. One highly reputable hydrologist told me that, “It would be like aiming a fire hose at Kingwood.”
Posted by Bob Rehak on 4/16/25
2787 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.