11/22/2025 – The EPA announced new interpretations of rules this week that have protected wetlands and water quality throughout America for more than five decades. According to the New York Times, the new guidelines could remove millions of acres of wetlands from Federal protection including those in the Lake Houston Area.
Those wetlands help soak up water, reducing flood risk. They also clean water and provide habitat for wildlife. And that’s a large part of what makes living in this area so attractive.
Great egret photographed near East End Park
Before the EPA
Those of us old enough to remember a time before the EPA can remember the stinking, fetid, poisonous messes our rivers and lakes had become. The Cuyahoga River near where I was born in Cleveland, Ohio, had caught on fire 13 times before the EPA was formed. It was a testament to the failure of local governments to withstand industry pressures.
The Cuyahoga River caught fire a total of 13 times dating back to 1868. It was one of the most polluted rivers in America. Photo: Cleveland State University Library.
But this week, Washington moved to weaken the Clean Water Act and Endangered Species Act, two bedrock laws of environmental protection. The moves come as part of a broader deregulatory effort.
Ironically, the announced motive for the federal government getting out of the wetlands-protection business was to return authority for that to the states. That theory proved ineffective decades ago. But almost two thirds of Americans alive today, weren’t even born in 1970.
The regulatory vacuum left by the Federal government will open up a window for wetlands exploitation before the Texas legislature meets again for two more years. Developers are already lined up waiting to develop wetlands in the Lake Houston Area. Yesterday, I posted about Scarborough, Holley and Signorelli.
You can bet this will trigger a “swamp rush” among developers who see the opportunity to buy low and sell high. Unfortunately, we’ve seen over and over again, how wetlands tend to be in areas that flood. It will only be a matter of time before they do.
And then all those homes sold to unsuspecting couples – who were promised that their homes met all government requirements – will be left holding a soggy title to a home they will have trouble selling for dimes on the dollar.
The Houston Chronicle recently documented 65,000 homes built in Houston-area floodplains since Hurricane Harvey. How soon people have forgotten! We are witnessing another disaster in the making – one that could be even harder to recover from next time.
But the changes aren’t a done deal yet. America still has a choice.
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.
11/21/25 – The Federal Government is again changing the rules that protect wetlands. The changes could reduce the volume of wetlands that enjoy federal protection by altering the definition of “Waters of the United States” under the Clean Water Act to align with Supreme Court rulings.
The Government has opened public comment on the proposed language for 45 days – until January 5, 2026. Wetlands above dams and wetlands without continuous surface flow could be radically affected.
Reason for Changes
The proposed changes include clarification of many definitions that previously caused confusion and controversy because of their ambiguity.
Every day, regulators must draw black-and-white distinctions in a world characterized by infinite shades of gray. For instance, does a “continuous surface connection” to “waters of the U.S.” include wetlands going through a drought? Wetlands separated from a river by a dike? Wetlands that are only wet during the rainy season? Or wetlands upstream from a water-supply dam like Lake Houston or Lake Conroe?
The 49-page entry in the Federal Register notice states that the proposed definitions/changes seek to avoid “impairing or in any manner affecting any right or jurisdiction of the States with respect to waters (including boundary waters) of such States.” See 33 U.S.C. 1370.
Said another way, Federal Government seems to be turfing the task of interpreting some gray areas back to local jurisdictions. The notice says, “States and Tribes are free to address rivers, lakes, streams, ponds, and other features that do not meet the definition of “relatively permanent” as “waters of the State” or “waters of the Tribe” under their own laws to the extent they deem appropriate.
However, Texas largely relies on federal wetland protection. The state’s role is limited to certification, advisory review, and coastal management. I’m not aware of any comprehensive Texas law that independently protects inland wetlands from filling or drainage.
The Federal Register describes the changes and how they could affect different interest groups, situations and locations. I couldn’t possibly summarize them all in one page. But I will address one.
Wetlands Threatened in Lake Houston Area
Right now in the Lake Houston Area, we are looking at several major proposed developments that want to build over wetlands.
Crossing at the Commons of Lake Houston. See wetlands in center.
And farther downstream on the East Fork, Ron Holley wants to build over wetlands both north and south of Royal Shores. Note the green areas east of High Valley and Royal Shores Drive in the wetlands map below.
All the areas above are upstream from the Lake Houston dam. Make sure you note the following sentence under the proposed “Definition of Tributary.”
“Such waters [above a dam] would not sever upstream jurisdiction for tributaries if they have relatively permanent flow, or in the case of adjacent wetlands, if relatively permanent flow occurs through the wetlands, connecting the upstream and downstream portions of the tributary network.”
That says to me:
Wetlands above dams and without permanent flow would no longer be considered jurisdictional and therefore no longer enjoy the Corps’ protection.
Bob Rehak Interpretation
In my reading, this removes any incentive for developers to protect nature’s sponges and it increases flood risk for others who may live nearby or downstream.
What’s your interpretation? How do you feel? The EPA and Army Corps are seeking your input on such language. Such obscure definitions/interpretations could affect your family’s future safety and the value of your home.
Jill Boullion, Executive Director of the Bayou Land Conservancy had this to say. “Narrowing the definition of ‘Waters of the US (WOTUS)’ will not serve the Houston region well. Our region has already lost thousands of acres of wetlands over recent decades.”
She continued, “Wetlands protect our homes from flooding, clean our drinking water, and provide vital habitat for native plants and animals. Requiring a continuous surface connection to navigable water would immediately open many wetlands to being paved over. Due to the dry weather this year, many wetlands are currently dry but still serve an important purpose for a healthy community.”
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/2025/11/Scarborough-Wetlands.png?fit=1100%2C661&ssl=16611100adminadmin2025-11-21 16:40:282025-11-22 16:33:40Federal Government Changing Rules that Protect Wetlands
11/20/25 – Maria Acevedo, a construction expert and environmental activist, observed a Colony Ridge cement contractor, Liberty Paving, operating without a permit. She also documented sediment runoff from the site that violated Texas Commission on Environmental Quality Best Management Practices (BMPs).
The lack of BMPs was polluting the surrounding area, which drains into the San Jacinto East Fork and has required tens of millions of dollars in dredging since the development of Colony Ridge began.
Acevedo reported the alleged violations to the TCEQ, which conducted its own investigation and issued a Notice of Enforcement.
Liberty Paving LLC, the contractor, has done more than $13 million worth of business for Liberty County Municipal Management District #1. Amazingly, the President of MMD #1 owns the paving contractor.
This letter from Attorney General Ken Paxton to members of Congress details a litany of other abuses and ethically ambiguous practices at Colony Ridge in Liberty County. Loopholes in Texas law big enough to drive cement trucks through enable them.
TCEQ Finds No Site Signage or Stormwater Pollution Prevention Plan
When TCEQ investigated Acevedo’s complaint, it was not raining, so investigators could not confirm the allegations of runoff that Acevedo’s photos showed. However, TCEQ discovered that Liberty Paving was operating without coverage under the Construction General Permit, required site signage, and a mandatory Stormwater Pollution Prevention Plan (SWPPP). Neither was the company employing best management practices.
As a result, TCEQ issued a Notice of Enforcement Letter. TCEQ’s report says that Liberty Paving knew of its responsibilities because of permits issued at other sites outside Colony Ridge, but failed to comply inside Colony Ridge.
What exactly does TCEQ mean when it issues a notice of enforcement for “failure to obtain coverage under the Construction General Permit”? According to ChatGPT, the permit regulates:
Stormwater runoff from construction activities
Erosion controls
Sediment controls
Pollution prevention practices
Because the site began construction without filing the required notice of intent:
Any stormwater discharges were unauthorized
Discharged pollutants, such as sediment, were illegal.
The operator is out of compliance with the Clean Water Act and Texas Pollution Discharge Elimination System rules
Even if erosion controls were physically present, failure to obtain the permit still constitutes a violation.
Sediment escaping through improperly installed silt fence. Photo by Maria Acevedo.
Conflict of Interest?
John Harris, the Colony Ridge developer, lists himself as the president of T-Rex Management, Inc., the general partner of Liberty Paving, LLC. But Harris is also the current president of Liberty County MMD #1.
Minutes of MMD #1 show that in 2023, Harris’ brother was president of the MMD when it approved $13 million in payments to Liberty Paving.
In most states this would be a clear conflict of interest. But Texas allows it if the parties recuse themselves from voting on the contract/payment and disclose their conflicts of interest.
Mr. Harris was evidently present for one vote on paving payments, but absent for another. The minutes do not reflect whether he disclosed the conflict of interest.
That’s pretty academic, however, when four MMD board members have ties to the developer or Harris’ family.
One former state legislator who is an expert on MMDs told me that even if a board member recuses himself, other members of the board know how to vote through winks and nods, i.e., things that don’t get recorded in minutes. He raised some interesting questions. Are bids sealed? Are bids opened in public with all bidders present? And should the vote to accept a bid count if the board member who refrains from voting is necessary to make a quorum?
According to ChatGPT, Texas stands out nationally due to MMDs being allowed to:
Reimburse developers via taxpayer-backed bonds
Have developer-controlled boards
Contract with developer-owned companies
Reimburse developers for on-site infrastructure, including:
Roads
Water/sewer
Drainage
Detention ponds
Grading & clearing
Engineering costs
Most states allow reimbursement only for:
True regional infrastructure, or
Public facilities beyond subdivision boundaries.
Nor do other states allow developers to:
Form districts they control
Levy taxes on future residents
Reimburse themselves for subdivision improvements.
However, it’s standard practice in Texas for:
A developer to form a MMD or Municipal Utility District
The developer (or allied consultants) to serve on the board
The board to hire the developer’s own companies for construction, engineering, landscaping, or management
Taxpayers or landowners to repay the MMD or MUD through bonds or assessments.
Such practices are widely criticized as ethical conflicts of interest, even if they are not legal conflicts. They enable self-dealing and private gain from public-like financing powers. Yet it’s all technically legal if conflicts are disclosed and abstentions handled properly.
“The scandal isn’t what is illegal. The scandal is what is legal.”
Matthew Poston, Liberty County Attorney
Colony Ridge Expansion in 2022.
Paxton Writes Scathing Colony Ridge Letter to Legislators
In Texas, the Attorney General does not normally police MMD self-dealing. However, two years ago, when illegal immigrant and consumer fraud scandals rocked Colony Ridge creating national headlines, Attorney General Ken Paxton wrote a scathing letter to members of Congress about his offices’ findings.
Among other things, Paxton’s four-page letter details how:
Colony Ridge practices seem to contradict the intent of Texas lawmakers when they established MMDs
Minimal down-payment, high-interest loans with little identity verification lure non-citizens across the border
Fast growth and high crime create burdens on law enforcement, school districts, and neighboring areas
MMD #1 violates the intent of lawmakers
How MMD #1 bypasses bank scrutiny of its high risk activities contrary to the public interest
Unelected, unaccountable leaders are creating unsustainable growth of a “city” by catering to illegal aliens
How Colony Ridge is swamping taxpayers in the Cleveland ISD which caused it to more than triple in size
The people of Texas “never assented to the creation of a sprawling unincorporated, ungoverned zone.”
And Paxton didn’t even address Colony Ridge flooding!
For everyone who wants to own an Island Home. New Year’s Day of 2021.
For More On Colony Ridge
Consult this post – History of Heartbreak: A Colony Ridge Chronicle. It contains links to more than 75 previous posts with hundreds of photos taken on the ground and in the air. Scanning through them will make you wonder whether Paxton was too kind!
A development that didn’t exist 15 years ago is now 50% bigger than Manhattan … with hardly any flood control, fire hydrants, or police presence.
Editorial: Preserve Hard-Won Environmental Protections
11/22/2025 – The EPA announced new interpretations of rules this week that have protected wetlands and water quality throughout America for more than five decades. According to the New York Times, the new guidelines could remove millions of acres of wetlands from Federal protection including those in the Lake Houston Area.
Those wetlands help soak up water, reducing flood risk. They also clean water and provide habitat for wildlife. And that’s a large part of what makes living in this area so attractive.
Before the EPA
Those of us old enough to remember a time before the EPA can remember the stinking, fetid, poisonous messes our rivers and lakes had become. The Cuyahoga River near where I was born in Cleveland, Ohio, had caught on fire 13 times before the EPA was formed. It was a testament to the failure of local governments to withstand industry pressures.
We had reached a tipping point. That’s why in 1970, Congress formed the EPA – to set national standards that protected the environment.
But this week, Washington moved to weaken the Clean Water Act and Endangered Species Act, two bedrock laws of environmental protection. The moves come as part of a broader deregulatory effort.
Ironically, the announced motive for the federal government getting out of the wetlands-protection business was to return authority for that to the states. That theory proved ineffective decades ago. But almost two thirds of Americans alive today, weren’t even born in 1970.
The regulatory vacuum left by the Federal government will open up a window for wetlands exploitation before the Texas legislature meets again for two more years. Developers are already lined up waiting to develop wetlands in the Lake Houston Area. Yesterday, I posted about Scarborough, Holley and Signorelli.
You can bet this will trigger a “swamp rush” among developers who see the opportunity to buy low and sell high. Unfortunately, we’ve seen over and over again, how wetlands tend to be in areas that flood. It will only be a matter of time before they do.
And then all those homes sold to unsuspecting couples – who were promised that their homes met all government requirements – will be left holding a soggy title to a home they will have trouble selling for dimes on the dollar.
Clearly, the pendulum has swung back in the other direction already.
The Houston Chronicle recently documented 65,000 homes built in Houston-area floodplains since Hurricane Harvey. How soon people have forgotten! We are witnessing another disaster in the making – one that could be even harder to recover from next time.
But the changes aren’t a done deal yet. America still has a choice.
Speak Up, Speak Out
Fight back. Make your voice heard. Make sure you register your opinion about the threat to wetlands here. And write your Federal representatives. Make this an election issue.
Posted by Bob Rehak on 11/22/2025
3007 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.
Federal Government Changing Rules that Protect Wetlands
11/21/25 – The Federal Government is again changing the rules that protect wetlands. The changes could reduce the volume of wetlands that enjoy federal protection by altering the definition of “Waters of the United States” under the Clean Water Act to align with Supreme Court rulings.
The Government has opened public comment on the proposed language for 45 days – until January 5, 2026. Wetlands above dams and wetlands without continuous surface flow could be radically affected.
Reason for Changes
The proposed changes include clarification of many definitions that previously caused confusion and controversy because of their ambiguity.
Every day, regulators must draw black-and-white distinctions in a world characterized by infinite shades of gray. For instance, does a “continuous surface connection” to “waters of the U.S.” include wetlands going through a drought? Wetlands separated from a river by a dike? Wetlands that are only wet during the rainy season? Or wetlands upstream from a water-supply dam like Lake Houston or Lake Conroe?
The 49-page entry in the Federal Register notice states that the proposed definitions/changes seek to avoid “impairing or in any manner affecting any right or jurisdiction of the States with respect to waters (including boundary waters) of such States.” See 33 U.S.C. 1370.
Said another way, Federal Government seems to be turfing the task of interpreting some gray areas back to local jurisdictions. The notice says, “States and Tribes are free to address rivers, lakes, streams, ponds, and other features that do not meet the definition of “relatively permanent” as “waters of the State” or “waters of the Tribe” under their own laws to the extent they deem appropriate.
However, Texas largely relies on federal wetland protection. The state’s role is limited to certification, advisory review, and coastal management. I’m not aware of any comprehensive Texas law that independently protects inland wetlands from filling or drainage.
The Federal Register describes the changes and how they could affect different interest groups, situations and locations. I couldn’t possibly summarize them all in one page. But I will address one.
Wetlands Threatened in Lake Houston Area
Right now in the Lake Houston Area, we are looking at several major proposed developments that want to build over wetlands.
Signorelli has proposed building Crossing at the Commons of Lake Houston in the floodplain of the San Jacinto East Fork. Much of this area is wetlands.
And farther downstream on the East Fork, Ron Holley wants to build over wetlands both north and south of Royal Shores. Note the green areas east of High Valley and Royal Shores Drive in the wetlands map below.
Scarborough has proposed building out 5,316 acres at the confluence of the West Fork, Cypress Creek, Spring Creek and Turkey Creek.
Protect Your Wetlands. Submit Comments.
If you are concerned about protecting wetlands (and you should be if you want to reduce flooding), read this notice:
https://www.federalregister.gov/documents/2025/11/20/2025-20402/updated-definition-of-waters-of-the-united-states
Then submit a public comment. Here’s why.
All the areas above are upstream from the Lake Houston dam. Make sure you note the following sentence under the proposed “Definition of Tributary.”
That says to me:
In my reading, this removes any incentive for developers to protect nature’s sponges and it increases flood risk for others who may live nearby or downstream.
What’s your interpretation? How do you feel? The EPA and Army Corps are seeking your input on such language. Such obscure definitions/interpretations could affect your family’s future safety and the value of your home.
Jill Boullion, Executive Director of the Bayou Land Conservancy had this to say. “Narrowing the definition of ‘Waters of the US (WOTUS)’ will not serve the Houston region well. Our region has already lost thousands of acres of wetlands over recent decades.”
She continued, “Wetlands protect our homes from flooding, clean our drinking water, and provide vital habitat for native plants and animals. Requiring a continuous surface connection to navigable water would immediately open many wetlands to being paved over. Due to the dry weather this year, many wetlands are currently dry but still serve an important purpose for a healthy community.”
Make sure you register your opinion here.
Posted by Bob Rehak on 11/21/2025
3006 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.
Conflict-of-Interest Ridden Colony Ridge Caught Operating without Permit, Polluting
11/20/25 – Maria Acevedo, a construction expert and environmental activist, observed a Colony Ridge cement contractor, Liberty Paving, operating without a permit. She also documented sediment runoff from the site that violated Texas Commission on Environmental Quality Best Management Practices (BMPs).
The lack of BMPs was polluting the surrounding area, which drains into the San Jacinto East Fork and has required tens of millions of dollars in dredging since the development of Colony Ridge began.
Acevedo reported the alleged violations to the TCEQ, which conducted its own investigation and issued a Notice of Enforcement.
Liberty Paving LLC, the contractor, has done more than $13 million worth of business for Liberty County Municipal Management District #1. Amazingly, the President of MMD #1 owns the paving contractor.
This letter from Attorney General Ken Paxton to members of Congress details a litany of other abuses and ethically ambiguous practices at Colony Ridge in Liberty County. Loopholes in Texas law big enough to drive cement trucks through enable them.
TCEQ Finds No Site Signage or Stormwater Pollution Prevention Plan
When TCEQ investigated Acevedo’s complaint, it was not raining, so investigators could not confirm the allegations of runoff that Acevedo’s photos showed. However, TCEQ discovered that Liberty Paving was operating without coverage under the Construction General Permit, required site signage, and a mandatory Stormwater Pollution Prevention Plan (SWPPP). Neither was the company employing best management practices.
As a result, TCEQ issued a Notice of Enforcement Letter. TCEQ’s report says that Liberty Paving knew of its responsibilities because of permits issued at other sites outside Colony Ridge, but failed to comply inside Colony Ridge.
What exactly does TCEQ mean when it issues a notice of enforcement for “failure to obtain coverage under the Construction General Permit”? According to ChatGPT, the permit regulates:
Because the site began construction without filing the required notice of intent:
Conflict of Interest?
John Harris, the Colony Ridge developer, lists himself as the president of T-Rex Management, Inc., the general partner of Liberty Paving, LLC. But Harris is also the current president of Liberty County MMD #1.
Minutes of MMD #1 show that in 2023, Harris’ brother was president of the MMD when it approved $13 million in payments to Liberty Paving.
In most states this would be a clear conflict of interest. But Texas allows it if the parties recuse themselves from voting on the contract/payment and disclose their conflicts of interest.
Mr. Harris was evidently present for one vote on paving payments, but absent for another. The minutes do not reflect whether he disclosed the conflict of interest.
That’s pretty academic, however, when four MMD board members have ties to the developer or Harris’ family.
One former state legislator who is an expert on MMDs told me that even if a board member recuses himself, other members of the board know how to vote through winks and nods, i.e., things that don’t get recorded in minutes. He raised some interesting questions. Are bids sealed? Are bids opened in public with all bidders present? And should the vote to accept a bid count if the board member who refrains from voting is necessary to make a quorum?
According to ChatGPT, Texas stands out nationally due to MMDs being allowed to:
Most states allow reimbursement only for:
Nor do other states allow developers to:
However, it’s standard practice in Texas for:
Such practices are widely criticized as ethical conflicts of interest, even if they are not legal conflicts. They enable self-dealing and private gain from public-like financing powers. Yet it’s all technically legal if conflicts are disclosed and abstentions handled properly.
However, the Liberty County Attorney, Matthew Poston told Houston Landing…
Paxton Writes Scathing Colony Ridge Letter to Legislators
In Texas, the Attorney General does not normally police MMD self-dealing. However, two years ago, when illegal immigrant and consumer fraud scandals rocked Colony Ridge creating national headlines, Attorney General Ken Paxton wrote a scathing letter to members of Congress about his offices’ findings.
Among other things, Paxton’s four-page letter details how:
And Paxton didn’t even address Colony Ridge flooding!
For More On Colony Ridge
Consult this post – History of Heartbreak: A Colony Ridge Chronicle. It contains links to more than 75 previous posts with hundreds of photos taken on the ground and in the air. Scanning through them will make you wonder whether Paxton was too kind!
A development that didn’t exist 15 years ago is now 50% bigger than Manhattan … with hardly any flood control, fire hydrants, or police presence.
Posted by Bob Rehak on 11/20/25
3005 Days since Hurricane Harvey