2/25/26 – According to Precinct 3 Director of Engineering Eric Heppen, P.E., PMP, Harris County has issued a cease-and-desist order to the owner of property in the Cedar Bayou floodplain where TXDoT contractors were depositing dirt excavated from the Luce Bayou watershed.
Dirt excavated in upper left was being trucked to Cedar Bayou floodplain in massive quantities.One of two truck lines at excavation site. Approximately 20 dump trucks were filling up at detention basin under construction adjacent to FM2100. From there, a parade of the trucks deposited it in the Cedar Bayou Floodplain before making another round trip.
Precinct 3 Project Manager Jason Hains said trucks stopped depositing the fill yesterday afternoon, 2/24/25. Nearby residents say they did not see trucks entering or leaving the property today.
TXDoT Comment
One reader, Chris Summers, who complained directly to TXDoT received this reply this afternoon from TXDoT’s North Harris Assistant Area Engineer Nyemb Nyemb, PE. Mr. Nyemb said, “Our construction and environmental teams are looking into it now. We also have a meeting with Harris County tomorrow and will address this matter with them directly. TXDoT contractors are required to comply with all applicable floodplain and environmental regulations, and any confirmed violations will be corrected.”
Summers, who reported the illegal dumping, said, “TXDoT may not have known where their fill dirt was going, but should have.”
Violation of Harris County Floodplain Regulations
The fill operation violated Harris County Floodplain Regulations adopted by Commissioners Court in 2019 in response to Hurricane Harvey. During Harvey, almost half of the Harris County homes flooded were outside of any known floodplain. In part, that’s because of the cumulative impact of such unauthorized dumping during almost twenty years since Tropical Storm Allison in 2001. And that’s a large part of the reason why Section 4.07(e) now says:
“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”
“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”
What Property Owner Must Do
According to both Heppen and Hains, the owner of the property in the floodplain must:
Stop accepting fill
Come up with a plan to remove fill already deposited there.
That’s going to be a big order. The fill reached treetop level in places and covered approximately six acres.
Reportedly, the owner did not plan to build anything on the dirt, but planned to sell it. He referred to the dirt as “temporary.”
But Heppen emphasized that that still did not relieve the owner of the need to develop a mitigation plan, which he did not do. Nor did it relieve him of the burden of acquiring a permit, which he did not have.
Loss of Floodplain Storage Incremental and Cumulative
Heppen emphasized that the loss of floodplain storage is incremental and cumulative.
He referred to the displacement of floodwaters. For every cubic yard you place in the floodway, that’s one less cubic yard for the storage of floodwaters.
“That’s why it’s prohibited,” Heppen said. “If enough people do it, eventually you erase the safety margin above the floodplain for surrounding homes.”
Heppen thanked readers for bringing this to the County’s attention and for filing complaints.
Could State Criminalize Such Behavior?
Heppen also said that the county may work with the state next year to pass a law against such fill activity. The thought: to make such dumping a criminal, not a civil offense. That changes the whole “What if I get caught?” equation. Instead of a slap-on-the-wrist fine, a criminal record might disqualify someone from getting future jobs.
Passing such a law would surely be an uphill battle. But that also speaks to the widespread nature of the problem.
One other engineer I talked to suggested, “The problem is going on all over Harris County.” Another said, “It puts everyone at risk.”
If You See Such Dumping…
If you see a recurrence of such dumping here or anywhere in Harris County, please report it to me. I’ll help document it and get it to the proper authorities.
They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property.
It’s OK for people to excavate a pond or detention basin on their property, and use the excavated dirt to elevate other parts of their property. The golden rule: Just don’t bring fill INTO a Harris County floodplain.”
Posted by Bob Rehak on 2/25/26
3102 Days since Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2026/02/DJI_20260223133344_0235_D.jpg?fit=1100%2C619&ssl=16191100adminadmin2026-02-25 18:31:432026-02-25 21:13:36Harris County Shuts Down Fill Operation in Cedar Bayou Floodplain
2/22/2026 – After researching more than 3,000 articles about flooding since Hurricane Harvey, I’ve concluded that we’re on a flood-mitigation treadmill. In other words, we run like crazy and do not get very far. Even worse, we can’t get off the treadmill.
Most of those 3,000 articles can be divided into two groups: things that increase flood risk and things that decrease it. Preventing things that increase flood risk typically costs one-fourth to one-seventh the cost of decreasing risk after a flood.
So, why are we stuck on this endless flood-mitigation treadmill? Why do we prefer expensive, after-the-fact solutions. And why don’t we actively enforce regulations already on the books that proactively reduce flood risk and prevent damage at a far lower cost?
Before we get to the reasons, first we must understand that flood risk is not static. Every little change to the landscape affects it.
Flood-Risk Changing Constantly
Flood-risk changes in barely visible increments, gradually over time. But all of those changes are incremental. And flooding happens infrequently. So, most people don’t wake up to the increased flood risk until it’s too late. At that point, the fixes have astronomical price tags. Two high-level examples:
Rivers can become clogged with sediment from mining and construction. That reduces their capacity to handle high-water events safely. Dredging can offset that increased risk, but has cost hundreds of millions of dollars.
Sometimes, upstream developments don’t sufficiently control their runoff. That makes flood peaks build higher and faster downstream. To offset those increased peaks, we must often widen channels downstream. And that may require buyouts that take decades more.
In general, after people finally recognize the need for mitigation, we must:
Build the case for fixes
Estimate their cost
Compare costs and benefits
Build political consensus across local, county, state and federal governments
Get an act of Congress passed and signed by the President
Win scarce grants
Get bids
Mobilize contractors.
And that’s all before we even begin to address the risk created by:
Someone upstream who decided to game the system for profit
Regulators who didn’t enforce regulations
Maintenance deferred for decades or perpetually ignored.
Staggering Costs
The costs can be staggering:
In Harris County, we passed a $2.5 billion flood bond in 2018. Some estimated the real need at $60 billion. That’s why we spend so much time seeking matching funds at the federal level, such as the hundreds of millions of dollars that Rep. Dan Crenshaw helped secure for dredging.
The 2024 Texas State Flood Plan showed that six million Texans live in floodplains – about one in five of us. The cost of mitigating their flood risk totals $54.5 billion. But so far, we’ve only allocated $1.4 billion to the job.
At the Federal level, we spend an average of about $10 billion per year on flooding. But that amount can vary radically when we get hit with massive storms like Harvey or Helene. Harvey caused $125 billion in damages in Harris County alone.
Losing Ground
Between floods, we seem to forget their destructive power. So, we keep building in floodplains and wetlands which just exacerbates the problem. For example:
The Signorelli Company (a real-estate developer) fought for 10 years all the way to the Texas Supreme Court for the right to build in the East Fork floodplain.
Ron Holley Development also wants to build homes in the floodplain of the East Fork, not far from Signorelli
Scarborough is trying to develop thousands of homes on 5,300 acres near the confluence of the San Jacinto West Fork with Spring and Cypress Creeks, one of the worst areas for flooding in the region.
Colony Ridge didn’t exist 15 years ago and is now 50% larger than Manhattan. Evidence suggests the developer didn’t sufficiently detain runoff. Plus much of the development was built over wetlands.
We also keep dumping more fill in floodplains, floodways, and streams that creates a bathtub effect. There’s simply less room for floodwater.
TXDoT contractors are dumping dirt excavated from the FM2100 expansion project into the floodplain of Cedar Bayou near Huffman ISD schools.
Arrest warrants have been issued for the owner of land near Savelle and Sorters-McClellan Roads for putting massive amounts of fill in the floodplain and floodway of the San Jacinto West Fork. That’s right across the river from the Scarborough property.
Cedar Bayou floodplain fill by TXDoT contractor. I saw a dozen trucks dump their loads in 20 minutes.Will we pay to move it twice?Illegal fill in West Fork floodway and floodplain.Who will remove it?Owner has vanished.
Such abuses are typically committed by people who ignore the law to make a buck. Regulators should have prevented such abuses. But they rarely do; that encourages more abuses. And that forces us to deal with correcting them after the fact.
Eight and a half years after Harvey, it seems we are into full-on willful blindness.
Why We Take the Expensive Route
Collectively, we tend to spend on visible crises. That’s easier than root-cause modification.
Crying babies and devastated families deserve our help. But enforcing regulations and fining people on a construction site? That’s politically dangerous.
And that, in a sentence, explains why Americans continue to spend billions each year to fix preventable flooding.We have a systemic tendency to:
Respond vigorously to visible crises
Underinvest in politically difficult structural reforms
Externalize downstream remediation costs while privatizing upstream profits.
Until we grapple with this issue, we will never get off the flood-mitigation treadmill.
Posted by Bob Rehak on 2/24/2026
3101 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/09/20170829-IMG_9819.jpg?fit=1200%2C900&ssl=19001200adminadmin2026-02-24 19:56:132026-02-25 12:16:58Editorial: The Flood-Mitigation Treadmill
2/23/26 – Harris County Engineering and the County Attorney appear to have stopped enforcing floodplain regulations. On February 5, 2026, I photographed TXDoT contractors excavating dirt to form a giant detention basin adjacent to the FM2100 expansion project in Huffman. From there, they trucked the dirt to a farm north of Huffman Eastgate Road, where they dumped it inside of the Cedar Bayou 100-year floodplain.
Despite violating county regulations, the floodplain fill operation has shifted into a higher gear. See details and pictures below.
TXDoT contractors are moving fill from upper left to lower center of this satellite photo near Hargrave High School (lower right).
Here’s what that means in terms of floodplains.
Dirt is moving from outside the floodplain to inside it and from one watershed to another.
When I reported the dumping in early February, the County told me that it violated floodplain regs. The regs became effective July 9, 2019 shortly after Harvey. They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property. I reprinted the relevant text below verbatim. To see the entire document, click here.
Section 4.07(e) on Page 45
“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”
“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”
According to the Harris County sources, the contractors don’t have a permit. And to get one they will have to perform mitigation as described above.
Pace of Fill Activity Doubles Compared to Feb. 5 Post
I saw a dozen trucks enter the dump site within a 20-minute period today. That’s roughly double the pace I observed on 2/5/26. I took all the pictures below after lunch today.
Cedar Bayou Floodplain Fill Operation by TXDoT. As three trucks were leaving site, more were entering.They would open a hatch in the belly of the bed and spread their fill while driving in a circleto return to the excavation site without stopping.It was a constant parade. As one truck left, another would enter. I counted a dozen trucks in 20 minutes.The dump site lies near the Luce Inter-Basin Transfer Canal (lower left).Note fill reaching treetop level at the rear of the property. Portable lights let the operation continue after dark according to nearby residents.
Photos Taken Minutes Later at Excavation Site
A little more than 3 miles to the northwest, up FM2100, the pace of fill activity was even more evident. Today, I saw two lines of trucks waiting for fill at the excavation site.
First of two lines at the excavation site had eight trucks lined up loading or leaving for the dump site.The second line had nine trucks lined up.
Where Has Enforcement Gone?
Operations this big can’t be overlooked by accident. Sources familiar with Harris County Engineering say they still review plans and issue permits, but they rarely, if ever, check on compliance under the current administration. And the County Attorney rarely prosecutes these cases; he’s running for a new job.
So, the source says, people in both offices collect paychecks, but rarely bother to work. I mention this, because it’s an election year and we have a chance to change that.
Why Adding Floodplain Fill is Prohibited
It seems as though the current administration has already forgotten why county commissioners revised the regulations in 2019. Almost half the 154,170 homes that flooded during Harvey in Harris County were outside mapped floodplains. That was largely a function of a) fill added to floodplains combined with b) hopelessly out-of-date flood maps.
As one of the most seasoned engineers in the region told me, the “bathtub effect” was real. “Put enough fill in the floodplain and it will displace water, flooding someone else’s property.” He also said, “The fill can also disrupt flow patterns, forcing floodwater onto neighbor’s property.”
He cited the case of one family nearby that floods constantly now because of fill added to a neighbor’s property. But he sees issues like this all over the region.
Coming Next
More on that and similar cases tomorrow when I talk about the expensive “Flood-Mitigation Treadmill.” Most people don’t realize how expensive correcting problems like the one above are compared to preventing them in the first place. Sometimes it’s hard for mitigation to keep up with the people constricting floodplains. Don’t miss it.
Harris County did not return phone calls or emails today in response to enquiries about the floodplain fill shown above.
Posted by Bob Rehak on 2/23/26
3100 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2026/02/DJI_20260223133436_0240_D.jpg?fit=1100%2C619&ssl=16191100adminadmin2026-02-23 20:03:592026-02-24 07:29:59Cedar Bayou Floodplain-Fill Operation Shifts into Higher Gear
Harris County Shuts Down Fill Operation in Cedar Bayou Floodplain
2/25/26 – According to Precinct 3 Director of Engineering Eric Heppen, P.E., PMP, Harris County has issued a cease-and-desist order to the owner of property in the Cedar Bayou floodplain where TXDoT contractors were depositing dirt excavated from the Luce Bayou watershed.
Precinct 3 Project Manager Jason Hains said trucks stopped depositing the fill yesterday afternoon, 2/24/25. Nearby residents say they did not see trucks entering or leaving the property today.
TXDoT Comment
One reader, Chris Summers, who complained directly to TXDoT received this reply this afternoon from TXDoT’s North Harris Assistant Area Engineer Nyemb Nyemb, PE. Mr. Nyemb said, “Our construction and environmental teams are looking into it now. We also have a meeting with Harris County tomorrow and will address this matter with them directly. TXDoT contractors are required to comply with all applicable floodplain and environmental regulations, and any confirmed violations will be corrected.”
Summers, who reported the illegal dumping, said, “TXDoT may not have known where their fill dirt was going, but should have.”
Violation of Harris County Floodplain Regulations
The fill operation violated Harris County Floodplain Regulations adopted by Commissioners Court in 2019 in response to Hurricane Harvey. During Harvey, almost half of the Harris County homes flooded were outside of any known floodplain. In part, that’s because of the cumulative impact of such unauthorized dumping during almost twenty years since Tropical Storm Allison in 2001. And that’s a large part of the reason why Section 4.07(e) now says:
“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”
“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”
What Property Owner Must Do
According to both Heppen and Hains, the owner of the property in the floodplain must:
That’s going to be a big order. The fill reached treetop level in places and covered approximately six acres.
Reportedly, the owner did not plan to build anything on the dirt, but planned to sell it. He referred to the dirt as “temporary.”
But Heppen emphasized that that still did not relieve the owner of the need to develop a mitigation plan, which he did not do. Nor did it relieve him of the burden of acquiring a permit, which he did not have.
Loss of Floodplain Storage Incremental and Cumulative
Heppen emphasized that the loss of floodplain storage is incremental and cumulative.
He referred to the displacement of floodwaters. For every cubic yard you place in the floodway, that’s one less cubic yard for the storage of floodwaters.
“That’s why it’s prohibited,” Heppen said. “If enough people do it, eventually you erase the safety margin above the floodplain for surrounding homes.”
Heppen thanked readers for bringing this to the County’s attention and for filing complaints.
Could State Criminalize Such Behavior?
Heppen also said that the county may work with the state next year to pass a law against such fill activity. The thought: to make such dumping a criminal, not a civil offense. That changes the whole “What if I get caught?” equation. Instead of a slap-on-the-wrist fine, a criminal record might disqualify someone from getting future jobs.
Passing such a law would surely be an uphill battle. But that also speaks to the widespread nature of the problem.
One other engineer I talked to suggested, “The problem is going on all over Harris County.” Another said, “It puts everyone at risk.”
If You See Such Dumping…
If you see a recurrence of such dumping here or anywhere in Harris County, please report it to me. I’ll help document it and get it to the proper authorities.
They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property.
It’s OK for people to excavate a pond or detention basin on their property, and use the excavated dirt to elevate other parts of their property. The golden rule: Just don’t bring fill INTO a Harris County floodplain.”
Posted by Bob Rehak on 2/25/26
3102 Days since Harvey
Editorial: The Flood-Mitigation Treadmill
2/22/2026 – After researching more than 3,000 articles about flooding since Hurricane Harvey, I’ve concluded that we’re on a flood-mitigation treadmill. In other words, we run like crazy and do not get very far. Even worse, we can’t get off the treadmill.
Most of those 3,000 articles can be divided into two groups: things that increase flood risk and things that decrease it. Preventing things that increase flood risk typically costs one-fourth to one-seventh the cost of decreasing risk after a flood.
So, why are we stuck on this endless flood-mitigation treadmill? Why do we prefer expensive, after-the-fact solutions. And why don’t we actively enforce regulations already on the books that proactively reduce flood risk and prevent damage at a far lower cost?
Before we get to the reasons, first we must understand that flood risk is not static. Every little change to the landscape affects it.
Flood-Risk Changing Constantly
Flood-risk changes in barely visible increments, gradually over time. But all of those changes are incremental. And flooding happens infrequently. So, most people don’t wake up to the increased flood risk until it’s too late. At that point, the fixes have astronomical price tags. Two high-level examples:
In general, after people finally recognize the need for mitigation, we must:
And that’s all before we even begin to address the risk created by:
Staggering Costs
The costs can be staggering:
Losing Ground
Between floods, we seem to forget their destructive power. So, we keep building in floodplains and wetlands which just exacerbates the problem. For example:
We also keep dumping more fill in floodplains, floodways, and streams that creates a bathtub effect. There’s simply less room for floodwater.
Such abuses are typically committed by people who ignore the law to make a buck. Regulators should have prevented such abuses. But they rarely do; that encourages more abuses. And that forces us to deal with correcting them after the fact.
Why We Take the Expensive Route
Collectively, we tend to spend on visible crises. That’s easier than root-cause modification.
And that, in a sentence, explains why Americans continue to spend billions each year to fix preventable flooding.We have a systemic tendency to:
Until we grapple with this issue, we will never get off the flood-mitigation treadmill.
Posted by Bob Rehak on 2/24/2026
3101 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.
Cedar Bayou Floodplain-Fill Operation Shifts into Higher Gear
2/23/26 – Harris County Engineering and the County Attorney appear to have stopped enforcing floodplain regulations. On February 5, 2026, I photographed TXDoT contractors excavating dirt to form a giant detention basin adjacent to the FM2100 expansion project in Huffman. From there, they trucked the dirt to a farm north of Huffman Eastgate Road, where they dumped it inside of the Cedar Bayou 100-year floodplain.
Despite violating county regulations, the floodplain fill operation has shifted into a higher gear. See details and pictures below.
Here’s what that means in terms of floodplains.
When I reported the dumping in early February, the County told me that it violated floodplain regs. The regs became effective July 9, 2019 shortly after Harvey. They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property. I reprinted the relevant text below verbatim. To see the entire document, click here.
Section 4.07(e) on Page 45
“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”
“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”
According to the Harris County sources, the contractors don’t have a permit. And to get one they will have to perform mitigation as described above.
Pace of Fill Activity Doubles Compared to Feb. 5 Post
I saw a dozen trucks enter the dump site within a 20-minute period today. That’s roughly double the pace I observed on 2/5/26. I took all the pictures below after lunch today.
Photos Taken Minutes Later at Excavation Site
A little more than 3 miles to the northwest, up FM2100, the pace of fill activity was even more evident. Today, I saw two lines of trucks waiting for fill at the excavation site.
Where Has Enforcement Gone?
Operations this big can’t be overlooked by accident. Sources familiar with Harris County Engineering say they still review plans and issue permits, but they rarely, if ever, check on compliance under the current administration. And the County Attorney rarely prosecutes these cases; he’s running for a new job.
So, the source says, people in both offices collect paychecks, but rarely bother to work. I mention this, because it’s an election year and we have a chance to change that.
Why Adding Floodplain Fill is Prohibited
It seems as though the current administration has already forgotten why county commissioners revised the regulations in 2019. Almost half the 154,170 homes that flooded during Harvey in Harris County were outside mapped floodplains. That was largely a function of a) fill added to floodplains combined with b) hopelessly out-of-date flood maps.
As one of the most seasoned engineers in the region told me, the “bathtub effect” was real. “Put enough fill in the floodplain and it will displace water, flooding someone else’s property.” He also said, “The fill can also disrupt flow patterns, forcing floodwater onto neighbor’s property.”
He cited the case of one family nearby that floods constantly now because of fill added to a neighbor’s property. But he sees issues like this all over the region.
Coming Next
More on that and similar cases tomorrow when I talk about the expensive “Flood-Mitigation Treadmill.” Most people don’t realize how expensive correcting problems like the one above are compared to preventing them in the first place. Sometimes it’s hard for mitigation to keep up with the people constricting floodplains. Don’t miss it.
Harris County did not return phone calls or emails today in response to enquiries about the floodplain fill shown above.
Posted by Bob Rehak on 2/23/26
3100 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.