40 Acres of Timber Turned into Toothpicks

In two weeks, approximately 40 acres timber has turned into toothpicks at the new Northpark South development. Clearing is now about two-thirds to three-quarters complete.

The development lies between Sorters-McClellan Road and the West Fork San Jacinto at the end of Northpark Drive. The developer, Century Land Holdings of Texas, LLC, hopes to build 236 homes, driveways, roads, and an 11.2 acre stormwater detention basin on a total of 54.4 acres.

If that sounds like a lot, Century has already applied for a variance from the City of Houston Planning Commission to create lots less than 5,000 square feet. Regardless, RG Miller Engineering still claims impervious cover will not exceed 66%. But that’s not the only curious takeaway from the RG Miller report.

No Mention of Wetlands

To achieve such density, Century will pave over wetlands. But the RG Miller report makes no mention of wetlands.

Northpark South Wetlands
National Wetlands Inventory shows wetlands in middle on far right.

USGS has documented wetlands on this property since at least 1961, as you can see in this topographic map viewer.

However the developer apparently has not received a wetland development permit from the Army Corps.

Red circle shows location of development. No wetland permits have been issued in this area and the drainage impact analysis does not contain the word “wetland.”

In addition, the imagery showing the wetlands (the empty crescent-wrench-shaped area in middle right of blue outline) is misdated.

The caption in the drainage analysis says the image is from 2018. But the homes in the top left of the frame were not built until late 2020. And the image itself is from late 2021. So why would the image below be dated two years earlier.

Shadows and vehicles in this image match a Google Earth Image from 12/11/2021, when the area was rated abnormally dry and drought was setting in.

Compare a Google Earth image taken on 2/23/2019 – before the onset of drought. When you zoom in a bit, you get a clearly different impression.

Scrolling back through 30 years of historical images in Google Earth shows evidence of periodic ponding in this location and distinctly different vegetation from the surrounding area.

Was the RG Miller image accidentally mislabeled or an attempt to show drier conditions that didn’t scream “wetlands”? We’ll probably never know.

According to one environmental expert I consulted, developers very often have consultants who assert that there are no wetlands on property. Therefore, they feel, there’s no need to involve USACE “because a permit isn’t necessary.”

The expert said, “In my mind, they are betting on not getting caught. They can save a lot of money by avoiding permits and those savings are apparently worth the risk.”

It’s also possible that the latest Supreme Court ruling on “Waters of the U.S.,” removed federal government protection for these wetlands. In that case, these wetlands would not require permitting.

Problems Building over Wetlands

The expert continued, “Comparing this information to the plans, it looks like there will be residential streets and houses on top of the historic wetlands. I would NOT feel safe living on top of a former wetland this close to the river. NO WAY! The land has a memory, deep in its soils, and I would expect future issues.”

Current Status of Clearing

I took the photos below on the afternoon of Friday, 11/24/23.

Looking west at extent of clearing in last two weeks. West Fork is beyond sand pits near top of frame. NorthPark Drive runs off bottom of frame.
Looking E toward Kingwood. Detention basin will stretch between the woods on left and the road on right in the area close to camera. Basin will drain into pond in lower right foreground.
Looking N toward a sister development (Northpark Woods) by same developer. Sand pit middle left belongs to another company.

High-Water Mark Shows Potential Danger

The image below shows where the new development sits in relation to the river and the high-water mark during Harvey.

Extent of flooding during Harvey relative to new development, according to nearby resident. Looking west down Northpark toward San Jacinto West Fork.

While Harvey was an extreme storm, keep in mind that pre-Harvey flood maps show inundation potential across most of Northpark South. And the new post-Harvey flood maps, which have not yet been released, will take in even more of the new development.

Buyer beware. There’s plenty here to chew on. Toothpick anyone?

Posted by Bob Rehak on 11/25/23

2279 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.

FEMA’s Swift Current Program Attempts to Speed Up Disaster Recovery Assistance

FEMA’s Hazard Mitigation Assistance Division is attempting to speed up disaster relief with its Swift Current program. The goal is to shorten the disaster/repair cycle for repetitively flooded or substantially damaged properties.

According to a FEMA press release, “Swift Current strives to better align the delivery of flood mitigation funding with the disaster survivor experience. Swift Current seeks to speed up the availability of flood mitigation funding to disaster survivors.”

Rather than rely on annual grant cycles, Swift Current makes money available immediately from a pool of $3.5 billion under the Bipartisan Infrastructure Law. This is the second of several rounds of assistance.

The application period for this round opened on Nov. 15, 2023 and will close on Jan. 15, 2025. The funding opportunity is available on Grants.gov.

Eligibility Criteria

For Fiscal Year 2023, Swift Current Flood Mitigation Assistance will offer $300 million after flood disasters for eligible individual flood mitigation projects. Eligible projects include:

  • Repetitively flooded or substantially damaged properties…
  • Insured by the National Flood Insurance Program (NFIP)…
  • Following a flood-related disaster event.

Local government agencies must apply for grants first; individuals will be considered sub-applicants and must apply through the local government agency.

You or your local government relief agency can use grants to:

  • Acquire property, demolish structures and relocate residents
  • Elevate structures
  • Dry flood-proof historic residential structures or non-residential structures
  • Retrofit existing structures and facilities
  • Mitigate reconstruction

Applicants will meet eligibility criteria if they have received a major disaster declaration for a flood-related disaster event between June 1, 2023 – May 31, 2024. Flood-related disaster events include coastal storms, hurricanes, remnants of hurricanes, and floods. Additionally, one of the following criteria must be met:

  • The state has at least $1 million in prior National Flood Insurance Program claims from June 1, 2022 to disasters declared before May 31, 2024.
  • The state has 500 or more National Flood Insurance Program claims in a declared flood-related disaster event from June 1, 2022 to May 31, 2024.

75% – 100% Federal Cost Share

Swift Current funds for individual flood-mitigation projects fall into several different categories:

  • Repetitive Loss
  • Severe Repetitive Loss
  • Substantially Damaged
  • Socially Vulnerable

See below. The federal match varies depending on the category.

For a higher resolution PDF, see FEMA PDF here.

Application Information

All eligible applicants must submit their FY 2023 Swift Current grant applications to FEMA via Mitigation eGrants. Upon Swift Current activation, the application deadline date will be provided to the applicant. All applications must be received by the deadline.

Local governments should consult with their state, tribal, or territorial agency to confirm deadline to submit subapplications for consideration.

For more information about the program and how to apply, visit FEMA’s Swift Current Page.

This program is sorely needed and highly welcome. I know people whose homes have not yet been repaired from Hurricane Harvey in 2017.

Posted by Bob Rehak on 11/24/23 with thanks to Congressman Dan Crenshaw

2278 Days since Hurricane Harvey

Mitigating Root Causes of Flood Damage

Part 3 of a 3-part series – In Part 1 and Part 2 of this series, I discussed root causes of flood damage. Today, let’s start a community brainstorming session about possible ways to address the issues. I’ll briefly summarize each of the root causes, then list three or four ideas to address them. What are your thoughts?

Unreliable Predictions of Future Rainfall

We can’t do anything about the amount of rain that falls from the sky. We can only control how we prepare for it. 

  • Where do we build homes? 
  • How high do we build them? 
  • How much drainage capacity should we build in new subdivisions? 
  • How much impervious cover should we allow? 
  • How much stormwater detention capacity will it take to protect people downstream? 

The amount of rainfall we predict forms the design basis for answers to all those questions and more. If you get the prediction wrong, you get the infrastructure wrong. Homes and businesses flood. 

But those predictions are a moving target. Research indicates the number and magnitude of extreme rainfall events is increasing worldwide. 

Compared to extreme rainfall estimates used through the 1990s, 100-year/24-hour estimates for Houston increased from 13 inches to 18 inches. 100-year events under the old system are now 25-year events

If you designed a ditch to hold 13 inches of rain and got 18, where would that extra 5 inches go? 

It would pond in streets, homes and businesses. The diagram below shows the difference.

Relative cross-sections of a ditch needed to accommodate a 100-year rainfall before and after Atlas 14.

Extreme rainfall probability estimates in this region have increased only twice since the 1960s. So there’s a lot of stormwater infrastructure around us built to old standards. It’s now under capacity. The problem is even worse in older parts of the city.

What can we do to improve reliability of our predictions and minimize this disconnect? 

  1. Update hydrologic design standards faster and more frequently. This would help minimize the amount of infrastructure designed to antiquated standards. Much of the existing hydrologic infrastructure in the US underperforms on reliability. (Note: The Floods Act of 2022 already calls for 10-year updates, but there’s no guarantee local authorities will adopt them.)
  2. Build larger safety margins into both estimates and regulations. Instead of building one or two feet above the 100-year floodplain, build even higher. 
  3. Incorporate a rate of increase for potential climate change. (Note: NOAA is already working on this.)

Conflicting Floodplain Standards and Building Codes

Rural areas around Houston often still use older design standards. Lower standards help attract development because they lower developers’ costs. And more development fuels growth and tax revenue. 

But it’s a dangerous bargain. Insufficient mitigation can flood people downstream. And as the region expands, insufficient mitigation will eventually cause even those recently developed areas to flood. 

So, how can we get the entire choir singing from the same songbook?

  1. Adopt a statewide or regional approach to development standards that affect flooding.
  2. Create a regional flood authority.
  3. Raise awareness of increased risk in/from areas with lower standards.

Building Too Close to Threats

People often build too close to flood risks, such as rivers. Developers love the cheap land and buyers love proximity to water. Until the floods come, it’s a “win-win” relationship propped up by the availability of nationally subsidized flood insurance. Then people realize they’ve been lulled into a false sense of security and they demand help. 

But there may be no room for mitigation. To widen channels or build stormwater detention basins, HCFCD must sometimes buy out whole neighborhoods. That raises costs, extends mitigation timelines, and often creates political conflict.

Possible solutions:

  1. Buy up green corridors along streams before areas develop. Use it for recreation to enhance community health and home values.
  2. Require greater setbacks from rivers, streams, channels and detention basins to create room for future expansion.
  3. Eliminate grandfathering clauses in floodplain regs that allow development in areas that we know will soon become floodways when new maps are released.
  4. Change Benefit/Cost Ratios so that the purchase of raw land next to streams qualifies for federal grants before development occurs. Buying undeveloped land costs less than buying developed. But it’s difficult to estimate the future benefit of conserving undeveloped land.

Upstream Changes that Undermine Downstream Assumptions

Upstream development should not create “adverse impacts” downstream. But it frequently does. It can increase the amount of runoff; increase sedimentation; and make flood peaks build faster, higher, more frequently. 

Suddenly, all those design assumptions for roads and developments downstream become invalid. 

What do we do?

  1. Protect green spaces next to rivers, streams and channels.
  2. Tax floodplain development at higher rates.
  3. Beef up enforcement to make sure developers don’t cut corners.
  4. Ensure everyone plays by same rules.

Difficulty of Adapting to Those Changes Downstream

Once an area builds out, it’s difficult to expand stormwater infrastructure. 

How can we retain flexibility for the future?

  1. Enforce “no adverse impacts” in upstream development
  2. Monitor construction to ensure it complies with approved plans
  3. Establish greater safety margins
  4. Plan for future expansion of infrastructure.

Historical Unwillingness to Fund Flood Mitigation at Meaningful Levels

As memories of major storms recede, so does the sense of urgency to prepare for the next ones. Historically, we have underfunded flood mitigation. Before Harvey, for instance, HCFCD’s budget averaged only $120 million per year

  1. Increase awareness of issues throughout the region; build consensus around solutions.
  2. Communicate value being created…consistently.
  3. Eliminate political interference in flood control; let professional engineers do their jobs.

Final Recommendations

Making such changes happen will take civic engagement by large numbers of people with a long view. It will also require putting public interest above self interest.

Politicians respond to voters. But they also respond to special interests. 

In the end, our leaders must balance competing interests. Reducing future flooding will take relentless incremental change on many fronts. Even when memories of the last disaster fade.

Invitation to Comment

What are your thoughts on ways to mitigate the root causes of flood damage? Please send to me via the contact page of this web site. Remember to indicate whether I can use your name or you need to remain anonymous. I’ll make sure our leaders see your ideas either way.

Posted by Bob Rehak on 11/22/23

2276 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.