Busted: City Shuts Down Developer Filling Floodplain, Floodway

12/11/2025 – This morning, the City of Houston Public Works Department shut down a developer bringing fill dirt into the floodway and floodplain of the San Jacinto West Fork. City regulations prohibit such fill because it raises flood levels for other people and creates a public danger.

Ongoing Issue

I first reported on this problem on 12/9/25, based on a tip from a reader who noticed an unusual amount of dirt on the roads outside the site. Aerial photos showed that the fill operation, which was behind high fences, had been ongoing for quite some time. The fill violates multiple city regulations.

The flood-prone property sits at the corner of Sorters-McClellan and Savell Roads near the US59 Bridge over the San Jacinto West Fork. More aerial photos taken today show multiple large trucks dumping more fill just moments before City inspectors arrived.

Three trucks were simultaneously offloading dirt in what appeared to be the floodway of the San Jacinto West Fork.

While the trucks were still dumping, Public Works vehicles sped onto the site. City inspectors and District E City Council Member Fred Flickinger’s Chief of Staff Dustin Hodges jumped out of their vehicles and started taking pictures.

Three Public Works vehicles entered the site while Houston Police stood guard outside.
Hodges and Public Works inspector (left) observe truck leaving site after dumping its load. Note how bed of truck was not even down yet.

Hodges described the volume of fill dirt as “unbelievable,” “egregious,” “above and beyond.”

Height of fill was twice as tall as inspector taking pictures on pond’s bank.
Another view of fill height
Fill extends all the way to San Jacinto West Fork and is higher than several small trees.

Citations for Multiple Issues

The inspectors found multiple violations affecting multiple City departments. They include floodplains, engineering, permitting, plumbing, HVAC and more.

Hodges said that the owners of the property would be fined each day for each violation until the property is returned to its original condition. That means the owners must remove all the dirt that they brought in.

They will incur a new fine for each day for each violation as long as the violations remain.

Dustin Hodges, Council Member Fred Flickinger’s Chief of Staff

The total could be substantial, although it is not clear yet exactly what that will be.

City Will Use LIDAR to Monitor Restoration

The City will use LIDAR studies to make sure the property is properly restored to previous conditions, according to Hodges.

Developer’s Employee Couldn’t Find ID

The owners were not on site, but a representative was. That individual refused to produce a drivers license until the inspectors called in the Houston Police Department, which was standing by across the street. Then, said Hodges, the representative suddenly found his driver’s license.

I deduce from that last bit of information that the employee knew his employer should not have been doing what it was doing.

What City Regulations Say

I hope this story signals to others that it’s not safe to constrict the conveyance of floodwaters and that the City is serious about enforcing its regulations.

The site is at the confluence of Spring Creek and the West Fork (R) across from Costco and Main Event at top of frame. Both businesses flooded badly during Harvey.

Harris County Flood Warning System records show that this location had the highest flooding in the county during Hurricane Harvey – a whopping 27 feet above the normal water level.

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.”

Posted by Bob Rehak on 12/11/2025

3026 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.

BLC Letter Protests Redefinition of “Waters of the U.S.”

A new definition of “Waters of the U.S.” proposed by the Army Corps and EPA would eliminate the federal brakes on development of upstream wetlands, such as those in the Lake Houston Area and Montgomery County. Time is running out to file a protest letter. Less than a month remains before the close of public comment; the government must receive your letter by January 5, 2026.

I received the Bayou Land Conservancy’s protest letter this morning and am reprinting it here verbatim in case you want to borrow language from it. First, some context.

What’s at Stake?

Romerica swamp
Wetlands near Lake Houston where Romerica wanted to build a 50-story high rise and now wants to build a luxury resort.
Wetlands near confluence of Spring Creek and West Fork being filled by developer

Immediately across the river…

Scarborough
A Dallas-based developer is trying to develop 5300 acres laced with wetlands.
Royal Shores land sold to Ron Holley
Wetlands near Kings Point and Royal Shores on East Fork above Lake Houston

The old definition of “Waters of the U.S.” gave the EPA and Army Corps legal authority to protect wetlands far upstream. Wetlands act as nature’s sponges. They soak up floodwater, reducing downstream impacts. They also clean water, reducing filtration costs. And finally, they provide habitat for wildlife that enriches the human experience.

What’s Changing?

The proposed new definition would stop Army Corps and EPA jurisdiction at the first dam on a river. Anything upstream would no longer enjoy federal protection. Local governments often do not regulate development of wetlands; historically they have relied on the federal government to do that.

The regulatory vacuum created by the change would open up millions of acres to development, especially in fast growing areas like north Houston where flood-prone wetlands are cheap and plentiful. Increases in impervious cover in wetland areas that once retained water will likely increase flood risk for everyone living downstream.


Bayou Land Conservancy Letter

Docket ID No. EPA-HQ-OW-2025-0322

To: Administrator Zeldin, Environmental Protection Agency

Re: Opposition to Updated Definition of Waters of the United States (89 FR 79549, November 20, 2025)

The Bayou Land Conservancy (BLC) submits this comment letter in strong opposition to the updated definition of “Waters of the United States” (WOTUS) proposed by the Environmental Protection Agency (EPA) and the Department of the Army.

About Bayou Land Conservancy and Our Standing

Bayou Land Conservancy is a community-sponsored land trust working to permanently preserve land along streams for flood control, clean water, and wildlife. As an accredited land trust, we are the primary non-profit organization preserving land within the watersheds that feed into Lake Houston, focusing our efforts on northern Harris and Montgomery counties. Since 1996 BLC has permanently preserved more than 15,000 acres of land in southeast Texas.

BLC has direct standing to comment on this proposed rule because we are not merely observers; we are property interest holders and stewards of the very landscapes this rule affects. We hold perpetual conservation easements and own fee-simple land throughout this region. Our legal obligation is to protect the conservation values of these properties in perpetuity.

Because water flows downhill, the integrity of the lands we protect is inextricably linked to the regulatory status of the waters flowing through and above them. If the definition of WOTUS is narrowed to exclude ephemeral streams and adjacent wetlands, the conservation values we are legally bound to uphold, specifically water quality maintenance and flood storage, are put at direct risk by upstream unregulated activity. Therefore, BLC submits these comments as a directly affected stakeholder whose ability to fulfill its non-profit mission is threatened by the proposed reduction in federal jurisdiction.

The Critical Importance of the Lake Houston Watershed

The Lake Houston watershed is not merely an ecological region; it is a vital piece of the Houston-Galveston metropolitan area’s public infrastructure. Lake Houston is the largest single source of surface drinking water for the City of Houston. Protecting the quality and quantity of water flowing into this reservoir is a non-negotiable imperative for public health and economic stability for millions of residents.

Our area is defined by some of the fastest-growing communities in the nation, including The Woodlands, Conroe, Tomball, and Kingwood. This rapid urbanization creates immense pressure on the natural systems, increasing runoff, sedimentation, and pollutant loads. The Clean Water Act applied broadly is essential to mitigate these impacts.

Hydrological Features at Risk

The proposed updated definition, if finalized, risks removing federal protections from essential water features that are demonstrably connected to Lake Houston and its major tributaries. A narrow definition that excludes ephemeral streams or wetlands without a continuous surface connection ignores the scientific reality of our region’s hydrology.

Specific features at risk in our area include:

The San Jacinto River System (West Fork and East Fork):

As the primary artery feeding Lake Houston, the San Jacinto River relies heavily on a vast network of headwater streams. In Montgomery County, many of these headwaters are ephemeral, flowing only after our region’s intense rain events. If these “temporary” streams lose protection, they become prime targets for development-related filling. This would sever the hydrological connection that sustains the river’s base flow and water quality, turning the San Jacinto into little more than a conveyance channel for untreated stormwater.

Spring Creek:

Serving as the natural border between Harris and Montgomery counties, Spring Creek is one of the most pristine waterways remaining in the region. Its sandy banks and associated wetlands act as a massive filtration system. However, the health of Spring Creek is dependent on the lateral connectivity of adjacent wetlands that may not have a “continuous surface connection” year-round. Excluding these adjacent wetlands from WOTUS protection would allow for their destruction, leading to immediate sedimentation of the creek, choking off aquatic life and destroying the recreational value of the Spring Creek Greenway.

Lake Creek:

This major tributary flows into the West Fork of the San Jacinto River and drains a rapidly developing portion of Montgomery County. The watershed is characterized by “flashy” hydrology; it rises and falls quickly. The wetlands surrounding Lake Creek are critical for slowing this water down. Removing protection from the smaller, non-perennial feeders of Lake Creek will eliminate the natural braking system for floodwaters, increasing the velocity and height of flood peaks downstream in densely populated areas.

Palmetto and Bottomland Hardwood Wetlands:

Our region is home to unique forested wetlands that may be separated from the main channel by natural berms or levees. Under a restricted WOTUS definition, these vital flood-storage basins could be deemed “isolated” and paved over. This would result in a direct transfer of flood volume from undeveloped land into the living rooms of downstream residents.

Additionally, three important factors should also be considered in noting BLC’s opposition to this proposal:

Drinking Water Quality

Unprotected upstream wetlands and tributaries will be subject to increased filling, dredging, and chemical/sediment runoff from development, industrial activity, and agriculture. This degradation will lead to a marked decrease in water quality in Lake Houston, requiring exponentially higher treatment costs for the City of Houston and increasing the risk of contamination.

Flood Mitigation

The wetlands and ephemeral stream systems BLC works to protect act as natural sponges, reducing the velocity and volume of stormwater during increasingly frequent high-intensity rain events. Stripping WOTUS protection from these features will allow for their unmitigated destruction, directly exacerbating the already severe and costly flooding issues in northern Harris and Montgomery counties. Protecting these small, non-perennial waters is directly linked to the safety and resilience of downstream communities like Kingwood and Humble.

Conservation Mission

A narrower WOTUS definition undermines the BLC’s mission, and the conservation investments made by public and private partners across the watershed. If the federal backstop of the Clean Water Act is removed from key headwater systems, state and local regulations will be insufficient to protect the water quality and flood storage capacity essential for this rapidly expanding region.

Conclusion and Request

The BLC respectfully urges the EPA and the Department of the Army to reconsider the updated definition of WOTUS and adopt a definition that robustly protects the waters of the United States, including all tributaries and adjacent wetlands that have a significant nexus to navigable waters. For the Lake Houston watershed, a narrow interpretation of WOTUS threatens the largest source of drinking water for the City of Houston, jeopardizes our communities’ flood resilience, and contravenes the fundamental goals of the Clean Water Act.

We urge the agencies to maintain comprehensive jurisdiction over all features that provide filtration and flood control benefits to downstream communities and critical public drinking water sources.
Sincerely,

Signed,

Jill Boullion

Executive Director

Bayou Land Conservancy


Please Help

Every voice counts. Make sure the government hears yours. Please compose a letter protesting the proposed changes to the definition of “Waters of the U.S.” This post that I wrote in November contains more background on the issue.

You can find the government’s proposed changes to the definition’s wording here.

As of this writing, 9,221 people have submitted public comments.

You can submit public comments to The Army Corps here. Or the EPA here.

Please feel free to write your own comment or adapt language from the letter above. But do it NOW. And get your friends and neighbors to do it too! Perhaps nothing you can personally do will have a greater impact on your safety and the safety of your home or business in the next flood.

If this proposed definition is adopted as is, it will make it easier for developers like the one I posted about yesterday to fill in wetlands near rivers and streams.

Posted by Bob Rehak on 12/10/2025

3025 Days since Hurricane Harvey

Developer Bringing Fill Dirt into West Fork Floodway, Floodplain

12/9/25 – 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.”

And yet this morning, within the space of a half hour, I observed six giant dump trucks bringing fill to a construction site at Sorters-McClellan and Savell Roads near the US59 bridge over the San Jacinto West Fork. The entire site sits in a floodway or floodplain.

The six trucks I witnessed today were reportedly part of a parade of dump trucks during the last few weeks. Photos taken this morning and on Sunday, December 7, 2025 show large volumes of fill in both the floodway and floodplain.

Rationale for Regulations

Regulations prohibit bringing fill into floodways and floodplains because it raises floodwater for someone else, creates dangerous conditions, and jeopardizes public safety.

The irregularly shaped area is approximately 20 acres near the confluence of Spring Creek and the San Jacinto West Fork.

New Development by 59 and West Fork
Approximate location of new project is in yellow outline. The area is approximately 20 acres.

It’s not clear what the owner plans to build there. No permits were visible from the road.

FEMA’s Flood Hazard Layer Viewer shows that this area lies ENTIRELY WITHIN floodways and floodplains. See below.

Floodway = crosshatched. 100-year floodplain = aqua. 500-year = brown. Note date on map: 2014: is pre-Harvey.

Expect Worse Picture When Maps Updated

When new flood maps are finally released based on Atlas-14 data compiled after Harvey, those floodplain and floodway areas will reportedly expand 50-100%. As a rule of thumb, Harris County Flood Control District urges developers to plan on the floodway expanding to the far edge of the 100-year floodplain and the 100-year floodplain expanding to the far edge of the 500-year floodplain.

Pictures of Site Showing Fill

Below are a dozen pictures that show the extent and height of fill brought into the construction site, and how flood prone the area is.

Note hight of fill next to channel in center. Also note piles of fill left of center and bottom right of center. San Jacinto West Fork is at top of frame and runs under the US59 bridge, top left.
Fill extends all the way to the confluence of Spring Creek and West Fork (top right).
Where the development reaches the West Fork (lower left). Note height of fill at river’s edge.
Higher on the property, near where the floodway and floodplain meet, a parade of massive dump trucks was bringing in fill today.
As one truck was pulling in, two more dumped their loads.
Note height of fill relative to trees on left.
A bulldozer could not keep up with the trucks depositing their dirt.
Note previous loads in foreground still waiting to be spread.
Photo taken on Sunday 12/7/25 shows height of fill relative to surrounding area. Erosion shows fill in this area has been there for some time.
Site entrance at Sorters McClellan and Savell Roads.
Homes damaged in same area during previous floods. See next photo.
Same area as above. Photo taken on 1/30/23 before peak of minor flood. Note site entrance in upper right.
Same area on 1/25/24. Water came up even higher on this day.
Three months later on May 3, 2024, floodwater reached higher still.

Entire Area Inundated During Harvey

Google Earth images show that Harvey inundated the ENTIRE area far BEYOND the site entrance.

I’d hate to be the engineers that approved this project. What were they thinking? Will people never learn?

Plopping thousands of cubic yards of fill dirt here will just make floodwater higher somewhere else. Like Deerbook Mall. The new West Fork High School. Lone Star College. Kingwood Hospital. Benders Landing. Or the 59 Bridge. Remember what finding alternatives to the 59 Bridge was like after Harvey?

I-69 repairs
TxDoT rebuilt I-69 southbound lanes for almost a year while residents endured massive traffic jams.

This may be the last place in Houston that you want to raise floodwaters.

Posted by Bob Rehak on 12/9/2025

3024 Days since 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.