Model Local Laws to Increase Resilience

Last year, New York State produced a series of model local laws to increase resilience. The 468-page document is a catalog of ideas for cities and counties to choose from. It covers everything from building in flood-prone areas to maximum lot coverage, land-clearing practices for new developments, stormwater controls, zoning, building elevation and more.

For those who can get past the not-invented-here syndrome, it could provide a valuable resource. As I read it, I found dozens of ideas that could reduce flooding in Houston.

Will New York Approaches Fly in Houston?

While some of the concepts, such as zoning, may seem radical to Houstonians, others have actually already been adopted by Houston. For instance, one of the suggestions was to record the extent of flood-plains on plats, a project the Houston Planning Commission recently adopted. Another is to require elevation of homes that flood repetitively to avoid substantial damage in the future. Houston adopted that one, too, after Harvey.

Another recommendation: prohibit land clearing by developers until AFTER plats are approved. This could likely have helped prevent a lot of flooding on the San Jacinto East Fork where Colony Ridge cleared thousands of acres before even getting plats approved.

The real target for this document is local government officials interested in addressing resiliency issues in their municipal codes. However, the discussions around each proposal also provide interesting background for flood advocates who are lobbying their elected officials.

Best Practices Codified into Local Regulations

The ideas provide of menu of what has worked elsewhere and why.

For greater resiliency, it is a wise best management practice, claim the authors, to ensure that developers design subdivision layouts in a manner that:

  • Minimizes land disturbance (tree clearing, land grading, soil compaction);
  • Avoids steep slopes, flood-prone areas and wetlands;
  • Protects important natural areas and habitats; Limits impervious surfaces;
  • Does not negatively impact public infrastructure;
  • Does not overload the roadway system, and
  • Provides effective stormwater control.

Other Major Areas of Focus

Other major sections deal with protection alternatives for:

  • Green Development
  • Wetlands
  • Watercourses
  • Coastal Areas
  • Stormwater
  • Woodland and Wildlife Conservation
  • Erosion Control
  • Performance Bonds

It’s interesting how some municipalities in New York applied the concept of performance bonds (see Chapter 5) to reduce erosion coming from new developments. I wonder if that could be adapted to sand mines on the San Jacinto?

A’ La Carte Menu

The ideas presented here do not represent a complete program that must be adopted from start to finish. They are more like an à la carte menu. Take a little of this. A little of that. Whatever you need. Wherever you need it.

Once local officials identify ideas they could use, the document even provides templates for the wording of resolutions.

For the complete text of Model Local Laws to Increase Resilience, click here.

Posted by Bob Rehak on 12/18/2020

1207 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.

Liberty County Hazard Mitigation Plan Contains No Mention of Largest, Most Vulnerable Community in County

The Liberty County Hazard Mitigation Plan contains no mention of Colony Ridge, the largest and most vulnerable community in the entire county. Like Liberty County’s Strategic Plan, this is another example of shoot-yourself-in-the-foot planning. It, too, has Grand-Canyon-sized disconnects between intention and execution that could jeopardize thousands of lives.

Overlooked or Ignored?

Liberty County last updated its Hazard Mitigation Plan in 2017. Yet it contains no specific mention of Colony Ridge, a 12-13,000 acre development. At buildout, Colony Ridge projects it will cover 22,000 acres. By comparison, Kingwood occupies 14,000 acres.

The former Mayor of Plum Grove estimates more than 20,000 people currently call Colony Ridge home. Exact counts are difficult since many people are undocumented. But if the Mayor was correct, it would make Colony Ridge two times larger than the largest cities in the county. Plus…

Colony Ridge has extreme vulnerabilities caused by sub-standard drainage; poverty; language barriers; lack of street lighting and fire hydrants; poor electrical and communications infrastructure; a high percentage of mobil and self-built homes; poor access through flood-prone roads; and leaky sewage systems.

Such risk factors make residents especially vulnerable to floods, hurricanes, wildfires, tornadoes, and extreme temperatures. Moreover, poverty makes it harder for people to recover from such disasters.

Yet the plan does not contain one recommendation to address this high concentration of vulnerabilities in Colony Ridge. Even though the plan addresses vulnerabilities in much smaller areas, “the largest vulnerable population in the county” receives only one mention. That was as an unnamed area near Plum Grove. Plum Grove has a population of approximately 400-500 people compared to Colony Ridge’s 20,000.

It’s as though the people who live in Colony Ridge are invisible. For instance, the plan addresses two mobile homes in Dayton Lakes, but not the thousands in Colony Ridge.

Purpose of Plan

The purpose of Liberty County’s Hazard Mitigation Plan is to “reduce the loss of life and property within the county and lessen the negative impacts of natural disasters.” The plan addresses specific vulnerabilities in a dozen communities, but never the largest.

Part 7, which starts on Page 132, outlines several plan objectives.

Educational Programs Targeted to Government Officials

This section starts with the need to develop and implement educational programs for residents and government officials, that address, among other things, the need to improve existing local ordinances. That was a familiar theme from the Liberty County Strategic Plan (which also failed to mention Colony Ridge). The idea: better building codes can enhance survivability of structures during threats such as tornadoes, fires, hurricanes and floods.

But that idea hasn’t yet filtered down to Colony Ridge where the developer caters to a do-your-own-thing, follow-your-American-dream, build-it-yourself-on-weekends crowd. The results are predictably creative and eclectic. See below.

Colony Ridge D-I-Y housing. Photo taken 12/7/2020.
Typical neighborhood in Colony Ridge. Photo taken 12/7/2020. Note how cream-colored home (bottom left) has apparently fallen off its base.

Public/Private Collaboration to Minimize Hazards

A similar objective to the one above: Foster collaboration between public and private partners throughout the county to create and implement local ordinances and county-level programs that minimize hazards. Here are several common problems:

  • No evacuation routes marked.
  • No traffic-control signals along what would be evacuation routes.
  • Unlit streets at night
  • People walk on streets because there are no sidewalks.
  • Only a handful of fire hydrants in 13,000 acres where residents commonly start brush fires and overwhelm the volunteer Plum Grove fire department.
  • No school-zone warning lights or signs
  • No grocery stores for emergency supplies.
  • Missing street signs make emergency response difficult in many areas.

On a special note, as of 9PM tonight, the temperature has dropped into the 30s and reports of widespread power outages are pouring in from Colony Ridge due to poor electrical infrastructure that has not kept pace with the area’s growth.

Improve Drainage to Reduce Flooding and Erosion

Another goal: improve drainage throughout the county to reduce the impact of flooding and erosion on residents and structures.

FM1010 at Rocky Branch has gone un-repaired for the 3.5 years since Harvey. This road would be the major evacuation route for 20,000.

The Mitigation Plan was developed after Harvey and adopted by Liberty County Commissioner’s Court on October 9, 2018. But the Plan makes no mention of the repairing the washout above.

Create Drainage Ponds Throughout County

The plan calls for widening existing culverts and creating drainage ponds throughout the county. Yet for the entire 13,000 acres, Colony Ridge apparently has one functioning detention pond. A second pond seems to have largely silted in.

One of the few, if not the only functioning detention ponds in Colony Ridge. This is in Sante Fe Section 3 in the extreme southwestern corner of the development. Colony Ridge engineers claim such ponds would make flooding worse. See below.

Beat-The-Peak Analysis Applied to 22,000 Acres

LandPlan Engineering’s Hydraulic Analysis from March 2020 concludes on page 8 that “…detention would increase the overall peak release from [Sante Fe] Section 6 as well as those portions of upcoming Sections 7 and 8 discharging to the Luce Bayou.”

It’s hard to understand how detention ponds would increase the peak flow. The conclusion refers readers to two graphs in Appendix D. But neither mentions anything about detention assumptions such as volume or rate of release. This is yet another “beat the peak” claim which Liberty County Drainage Regulations don’t explicitly bar.

So the Hazard Mitigation Plan encourages detention ponds and the drainage regulations give developers financial incentives NOT to build them. Again, the Grand-Canyon-sized gap between intentions and execution.

As we have seen in Montgomery County, beat-the-peak claims don’t consider changes to upstream or downstream conditions. They rely on infrequently updated data that becomes increasingly out of date with the development of each new subdivision. And they encourage all developers to get their water to rivers ASAP in heavy rains, which is exactly the opposite of what you want people to do in floods.

Posted by Bob Rehak on 12/16/2020

1205 Days since Hurricane Harvey and 454 since Imelda

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.

Harris County Approves Interlocal Agreement with City Concerning Woodridge Village

Today, Harris County Commissioners Court unanimously approved an interlocal agreement with the City of Houston concerning the purchase of Woodridge Village from Perry Homes. On December 9, the City of Houston approved the same interlocal agreement. Today’s approval by the County brings both sides closer to a deal. But several details still remain to be worked out before closing the sale.

Remaining Details to Work Out Before Closing

Approval by both the City and County does NOT mean the purchase is automatically a done deal. Multiple surveys and appraisals must still be completed.

Any real-estate purchase is complicated, but this one is especially so because it involves three parties. Two of them want to split up the property and use it in different ways. They also want to pay for it in different ways.

  • As part of the deal, the City wants to purchase 77 acres out of the total 268 acres for itself to use as a wastewater treatment facility. The City wants to pay cash for that.
  • The remainder of the property, 191 acres, will be jointly owned, developed, operated and maintained by the City and Flood Control.
  • Flood Control’s agreement with the City says that the City will pay for its half of jointly owned acreage by donating other property that Flood Control can use to reduce the cost of other mitigation projects. 

The City and County must now get surveys and appraisals of all assets involved and agree on how to transfer them before closing. The clock is ticking.

The County’s separate purchase agreement with Figure Four gives the County until approximately March 1 to close the deal.

At Stake: Future of Elm Grove and North Kingwood Forest

Woodridge twice contributed to flooding Elm Grove Village in Kingwood last year. The Harris County Flood Control District (HCFCD) hopes to build a regional flood detention facility there that would reduce flooding in Kingwood and along the San Jacinto East Fork.

Car submerged during Imelda at the end of Village Springs adjacent to Woodridge. Note the sediment laden water from the development. Photo courtesy of Allyssa Harris.

While Perry has completed detention ponds on the Woodridge site that were not present at the time of the flooding, the volume of detention still falls approximately 40% short of what Perry needs to meet Atlas 14 rainfall requirements.

How the Debate Went

County Judge Lina Hidalgo kicked off the discussion by stating she favored the proposal. Among her reasons:

  • Flood reduction in the Kingwood Area
  • Land that the County would get for other flood mitigation projects, especially along Halls and Greens Bayous.
  • Updating of the City’s drainage regulations to meet Atlas 14 requirements, even in the City’s ETJ

Russ Poppe, executive director of HCFCD noted that Perry had sunk $24 million into buying and clearing the property, and excavating detention ponds on it. He also said the property appraised at $19 million and that the County’s share of acquisition would be $5 million.

Precinct 2 Commissioner Adrian Garcia said that he initially had “grave concerns” about the acquisition but that Mayor Pro Tem Dave Martin’s work had allayed them.

Precinct 1 Commissioner Rodney Ellis raised concerns about the County getting stuck with the land if the City backed out of the deal.

But Robert Soard of the County Attorney’s office reassured him that if the City did not deliver, the deal was off BEFORE the County had to write a check.

Russ Poppe reassured everyone that when all conditions of the interlocal agreement were met, the commissioners would get a chance to approve the money before the deal was final.

In the end, the four commissioners and Judge Hidalgo all voted FOR the interlocal agreement. Precinct 4 Commissioner Jack Cagle thanked them all on behalf of 600 flood victims.

Video of the debate has not yet been posted.

Posted by Bob Rehak on December 15, 2020

1204 Days since Hurricane Harvey and 453 since Imelda