Mercer Stormwater Detention Basin Nearing Completion

12/4/25 – The new 512-acre-foot Mercer Stormwater Detention Basin Project at FM1960 and the Hardy Tollroad is finally nearing completion. The project – originally expected to take a year – took more than three and a half.

Mercer basin timetable
From Rodney Ellis presentation to Community on June 29, 2022.

The impending completion is good news. But the length of time it took is not. It raises serious questions for hundreds of millions of dollars of other projects with tight deadlines imposed by the federal government.

Before we get to that, let’s first look at Mercer.

Mercer Project Announced in June 2022

In June 2022, Harris County Commissioner Rodney Ellis announced the start of the Mercer project next to Mercer Botanic Gardens. He said the twin basins would be done on an expedited basis and take a year.

Photos taken this afternoon show that the excavation work appears to be done, but the landscaping work remains. Specifically, the sides and perimeters of the basins need to be planted with grass to retard erosion.

Close examination of the photos show that recent rains have already washed a significant amount of dirt from the slopes into the bottom of the twin basins.

The first photo shows the two Mercer basins from over Cypress Creek.

Looking S at Mercer Basins. Hardy Tollroad in upper right. FM1960 at top of frame.

Notice how the north basin is partially grassed in. The south basin has no landscaping yet. Neither basin has grass on the perimeter roads or back-slope interceptor swales.

Closer view of south basin (top) also shows erosion on slopes of north basin (bottom).
Reverse angle shows erosion on slopes of north basin also. Note collection of sediment at bottom of ramp (lower right).
Looking N from over FM1960. Wider shot shows erosion in foreground. Luckily, contractor has not yet demobilized equipment.

Implications for Other Projects with Tight Deadlines

As I write this, HCFCD is gearing up to construct eleven other projects related to HUD/GLO Community Development Block Grant Disaster Relief (CDBG-DR) grants. They total almost a third of a billion dollars. All eleven must be completed before February 28, 2027 – just 15 months from now.

Yet most of the projects won’t be advertised for bids until the first quarter of next year. And two of the projects won’t even be bid until the second quarter of next year according to HCFCD’s most recent Bid Outlook Calendar published on 10/15/25.

One is the $32.8 million East TC Jester Stormwater Detention Basin. The other is the $29.4 million Kluge Stormwater Detention Basin (not even shown on the calendar). Both fall into Commissioner Tom Ramsey’s Precinct 3.

Ramsey has requested “discussion and possible action on the Harris County Flood Control District Construction Bid Calendar.” See Item 495 on the 12/11/25 Commissioners Court agenda.

According to sources in the Flood Control District, it typically takes 3 to 6 months from the time a project is first advertised until dirt starts flying. That would not leave much time to complete the disaster relief projects. Accordingly…

HCFCD Requests $17 Million for Outside Help

Also on the agenda for December 11 are five items relating to staff augmentation for HCFCD. Items 299, 302, 303, 304, 305 request “engineering services to provide program management, project management, construction management, and inspection services for the development and implementation of CDBG-DR and CDBG-MIT projects.” They include five engineering companies and total $17 million:

  • Ardurra Group $5 million
  • Jacobs Engineering $1 million
  • WSP USA $1 million
  • BGE $5 million
  • Quiddity $5 million

I have posted ad nauseam about the slowdown at HCFCD. Let’s hope it doesn’t cost the County the loss of hundreds of millions of dollars.

Posted by Bob Rehak on 12/4/2025

3019 Days since Hurricane Harvey

TAMU Information System Making Texas More Disaster Resilient

The Institute for a Disaster Resilient Texas (IDRT), part of Texas A&M University (TAMU) has launched the Texas Disaster Information System (TDIS), a program funded by the Texas General Land Office. Their goal: to enhance disaster resilience throughout the state by bridging the gap between research and decision making.

TDIS’s vision is to ingest, store, and manage all disaster-related data for the State of Texas. According to team member and research scientist Dr. Andrew Juan, TDIS currently consists of several tools, applications and dashboards that help Texas communities prepare for, respond to, and recover from disasters more effectively. To list just three examples:

  • Buyers Aware provides property-specific disaster risk information for potential homebuyers. It lets you see a property’s hazard risk, learn how that risk is calculated, download a detailed report, and explore mitigation strategies.
  • The Risk-Assessment-Mapping Portal enables planners to create maps and charts, and download data for local hazard-mitigation planning.

See sample screen captures below.

Buyers Aware aims to make potential home buyers more aware of their risk.
The risk assessment mapping portal also visualizes risk, but lets users toggle layers showing how that risk affects fire stations, schools, police stations, hospitals, bridges, shelters, etc.

Matching Mitigation Projects with Funding

Other tools developed for related audiences and purposes can be found at this portal.

For instance, a Data and Models Query Tool gives planners and engineers the ability to search, discover, and reuse hydrologic/hydraulic models stored on TDIS.

Another tool helps community leaders seeking flood-mitigation assistance discover funding options and craft applications. It helps match projects on the drawing boards with likely funding opportunities. And its database already contains more than 6,000 funded or proposed structural and non-structural flood-mitigation projects across Texas.

Sample MATCH Screen (Mitigation Assistance for Tailoring Choices).

Individuals or organizations with ideas for new applications or who want to contribute their local datasets are encouraged to submit a request to the TDIS Working Committee for review and further consideration.

TDIS Funded Through 2027

According to Dr. Juan, the Texas Disaster Information System Program is funded through 2027. I hope it survives long past that.

The data and systems that they have made available in the last two years have already made a valuable contribution. You would expect nothing less from a world-class academic institution, such as Texas A&M.

Even though some of the maps may look close to those you’ve seen elsewhere, for instance Flood Insurance Rate Maps, they contain valuable information that make them more useful to more people.

And these tools will get even better with time.

Posted By Bob Rehak on 12/3/2025

3016 Days since Hurricane Harvey

How Solving Problems of the Past Can Create Problems of the Future

12/1/25 – Sometimes, solving problems of the past creates problems of the future. Consider the elevation of homes above floodplains.

During Hurricane Harvey, 154,170 homes in Harris County flooded, according to the Harris County Flood Control District. Of that number:

  • 48,850 were within the 1% (100-yr) floodplain
  • 105,340 were outside it.

Said another way, more than 100,000 homes flooded because building codes did not recognize the need to build to higher standards.

Accordingly, in the wake of Harvey, Harris County, Houston and many surrounding areas increased building code requirements. Now, most jurisdictions require that the minimum finished floor elevation be established at (or waterproofed to) the 500-year flood elevation “shown on the effective flood insurance study.”

But as builders started elevating foundations with dirt they excavated from stormwater detention basins, water started running downhill. And not always toward the detention basins. Sometimes it flows toward pre-existing neighboring homes built at lower elevations.

The problem can most often be seen during construction after forests are cleared next to existing subdivisions.

I was driving north on the US59 feeder the other day and saw this near E. Wallis Drive in Porter.

New development has been built up almost to the roofline of adjoining homes.

And less any doubt exists about how the contractors sloped the built-up area, note the erosion on that hillside in the photo below.

Note water ponding in yard and along fence line of corner home.

Also note the amount of sediment washed out to the feeder road and running into the storm drain. Contractor has installed no silt fences as best practices dictate.

As I was developing a post about the new development above, I received an email from Eric Unger who lives next to another new development several blocks south. He said that contractor raised the ground level at least a foot relative to his and his neighbors’ yards, “which results in their entire acreage now sitting higher than our yards.”

Then he said, “A recent 2-inch rain fall caused a flow of silty water to invade our yard and come dangerously close to our back porch.” He sent this image taken more than day later to me.

Photo courtesy of Eric Unger

Erosion and ponding water in the photo below make it easier to see the slope of the land toward his and his neighbors’ homes.

Note ponding next to fence line of Unger home (bottom left) and erosion next to road.

A Disturbing Pattern

I see this same problem in development after development. In Woodridge Village, contractors clearcut 270 acres and sloped the land toward Elm Grove Village in Kingwood. Up to 600 homes then flooded twice in 2019 before the City of Houston and Harris County stepped in and purchased the land from Perry Homes.

Flooded homeowners pursued a class action lawsuit that was ultimately settled in the homeowners’ favor.

During discovery, it became apparent that contractors had shaved down a berm protecting Elm Grove and that they had not followed the engineering plans. Specifically, they were supposed to install stormwater detention basins in one section before clearcutting the next. See below what that policy resulted in.

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

In Huffman, a developer clearcut 533 acres uphill from Northwoods Country Estates right before they got 17 inches of rain.

Sila in Huffman
Friendswood’s Sila Development in Huffman flooding neighbors in 2024

Meritage cleared 40 acres for 255 homes in Atascocita on both sides of Pinehurst Trail Drive. Then on 4/5/25, they got 2.6 inches of rain in 2 hours.

Meritage site floods neighbors after heavy rain
Meritage neighbors paid the price.

During eight years of blogging about flooding, I’ve seen this problem repeatedly.

Chapter 11.086 of the Texas Water Code prohibits altering drainage in ways that flood neighbors. But it tells developers what they should not do, not what they should do.

In my opinion, developers should force contractors to build berms shielding neighbors as soon as clearing is complete. They should also build detention basins as soon as possible after clearing. Instead, many wait a year or more.

Silt fences are not enough…as you can clearly see in the photo above.

I don’t wish to tar all developers and contractors. Many are both reputable and responsible.

But as we try to avoid problems in the future, we also need to define practices that protect homes built in the past.

Posted by Bob Rehak on 12/1/25

3016 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.

Average But Unusual 2025 Hurricane Season Ends Today

11/30/2025 – Today marks the end of the 2025 hurricane season. It was average in terms of the number of storms, but unusual in terms of where they tracked. These three screen captures from the National Hurricane Center tell the story.

2025 Named-Storm Tracks. Only one named storm hit the mainland U.S. – Chantal in early July. And none hit the US Gulf Coast.

This table shows the strength and timing of each.

And this table compares the 2025 season to a 30-year average (1991-2020).

So, the Atlantic basin had one less named storm, two fewer hurricanes, and one more major hurricane than in an average year. But for the most part, they stayed away from the U.S.

Actual Vs. Predicted

For those keeping track, in April, Colorado State University researchers predicted an above-average season with

  • 17 named storms
  • 9 hurricanes
  • 4 major hurricanes (Category 3 or higher).

Then in May, NOAA also predicted an above-average season with:

  • 13 – 19 named storms
  • 6 – 10 hurricanes
  • 3 – 5 major hurricanes

CSU also predicted the probability of where storms would make landfall. Texas residents, they said, had a 19% chance of being within 50 miles of a major hurricane landfall this season. Those chances increased to 44% for a hurricane and 70% for a named storm. Oops.

All in, I’d say NOAA’s National Hurricane Center predictions came closer to the actual numbers, though neither was very far off.

Actual Vs. Averages

But how did the 2025 season compare to the long-term averages?

So, the Gulf had far less activity than in an average year. However, basin wide, we came close to the average.

How Unusual Was Gulf This Year?

How unusual is it for the Gulf to have no hurricanes? Over the long term, the probability is about 20%. So it’s unusual, but far from unprecedented. There are multiple historical examples of No-Gulf-Hurricane seasons.

The longest recorded “Gulf hurricane drought” on record lasted 1,080 days (≈ 3 years), from September 2013 until September 2016 — during that period, no hurricanes entered or developed in the Gulf, according to The Weather Channel.

Why does that happen occasionally? It usually reflects unfavorable conditions for storm formation or strengthening in our sub-basin (e.g., upper-level wind shear, atmospheric stability, unfavorable steering currents). But as the map above shows, that does not mean the overall Atlantic or Caribbean is quiet. Storms may still form and even become major hurricanes, but track elsewhere, as Melissa did.

Plan for Worst, Hope for Best

The variability — including periods of many storms — argues for resilience and planning, even if some seasons are quiet. The recent cyclones that struck Sri Lanka and Indonesia make good cases in point.

Deadly floods and landslides in Sri Lanka left at least 153 people dead with hundreds more still missing at this point. According to Reuters, more than 78,000 people have been displaced.

Another cyclone struck Indonesia and killed 435 people. It destroyed tens of thousands of homes and displaced more than 200,000 people. And the cascading effects are just starting. Flooding and landslides disrupt not only homes, but agriculture, transport, and supply chains — with ripple effects on food security, local economies, and displacement.

Posted by Bob Rehak on 11/30/25

3015 Days since Hurricane Harvey

Northpark Planners Seek to Relieve US59 Feeder Congestion

11/28/25 – Turning from the northbound US59 feeder these days onto eastbound Northpark Drive can test one’s patience. Last Wednesday – near midday – traffic was backed up for four blocks. And it took several cycles of a very long traffic light to make the turn. See below.

Looking S at traffic backed up on US59 northbound feeder at mid-day on Wednesday, 11/26/25

Note how the two turn lanes on the feeder are temporarily blocked off.

Fortunately, the Lake Houston Redevelopment Authority/TIRZ 10 is actively working on solutions to the problem.

Why Northbound Turn Lanes are Closed

The two northbound turn lanes are blocked off because of the current shortage of inbound merging lanes on Northpark. Four lanes of traffic (two turning and two coming from under the freeway) must squeeze into two lanes. And those two lanes swerve within feet of the intersection. See below.

Looking W at US59 from over Northpark. Note step-shaped piece of old pavement near intersection.

Reportedly, the new paving stopped short of the freeway at this location to avoid a closure of the road for inbound traffic.

But at some point that odd “step-shaped” area of old concrete and blacktop will have to be replaced with new concrete. And at this point, project manager Ralph De Leon thinks that should happen sooner rather than later. So he’s looking at alternatives.

“This odd area of original concrete immediately east of the intersection of the I-69 and Northpark is the issue,” said De Leon. “It needs to be torn out and replaced with new concrete. And due to its difficult location, the contractor has held off. They will probably need to close that area beginning on a Friday night, reopening on a Sunday. It will take three days.”

Engineers Studying Fix

De Leon added, “The engineers are evaluating shifting the inbound traffic northward to the current outbound lanes while the activity is taking place.  Thus, instead of four westbound lanes, they will go down to two lanes both directions, but only for the weekend. And after that, we are good for the remainder of the project,” he added. 

The engineers and contractor are also looking at creating “merge lanes” further to the east. They would be located roughly in the vicinity of What-a-Burger. Moving the merge area eastward, away from the intersection may improve safety. 

De Leon says the engineers are now working on a Traffic Control Plan. However, before they can implement it, the contractors we will need to fabricate traffic signs that guide traffic to the merging lanes.

Regardless of which option the engineers recommend, that odd shaped piece of old pavement will need to shut down from a Friday night to a Sunday afternoon to replace the old concrete with new panels.  The wider shot below shows where turning traffic could merge.

Looking W from farther back shows where traffic turning off US59 could merge with other inbound traffic.

Reconstruction of a major thoroughfare is never easy. However, when this is complete, it will provide major improvements to both mobility and safety.

Posted by Bob Rehak on 11/28/25

3013 Days since Hurricane Harvey

Tornado Report: Storm Tracks and Debris Cleanup Plan

11/28/25 – On Monday, 11/26/25, two tornadoes swept through Commissioner Tom Ramsey’s Precinct 3 in northwest Harris County. Yesterday, the National Weather Service assessed the damage. Even though it was not flood related, many readers live in those areas. Therefore, I am publishing this two part post. The first part covers where the damage occurred. The second covers the County’s cleanup plan.

Where Damage Occurred

Two tornadoes touched down and caused widespread damage. The information below comes from Harris County’s meteorologist, Jeff Lindner.

Tornado 1 (Towne Lake and Riata Ranch):

The first tornado began just south of Tuckerton Rd west of Barker Cypress and tracked northward through the eastern sections of Towne Lake. It then moved alongside Barker Cypress from near Cypress N Houston Rd to just south of US 290. The tornado lifted just before US 290 and no damage was found on the north side of US 290.  

This tornado was rated an EF-1 with maximum winds of 105mph along the west side of Barker Cypress where residential houses suffered roof damage. The damage included uplift and loss of portions of roof decking. Much of the track was rated EF-0 with wind speeds of 65-85mph.

  • Track Length: 2.6 miles
  • Width: 500 yards
  • Estimated maximum wind: 105mph
  • Time: 1:23pm to 1:28pm
Path of Tornado #1 on 11/26/25
Tornado 2 (Klein): 

The second tornado began just north of Louetta Rd., east of Cutten Rd. It tracked generally northeastward across Champion Forest Dr and just north of Theiss Elementary School. Then, it crossed Stuebner-Airline Rd near Klein Emergency Services District (ESD) 11, destroying a shed and snapping several large pine trees.

Next, it moved north-northeast impacting the Klein ESD 16 facilities. Finally, it crossed Spring Cypress impacting portions of the Klein ISD bus and maintenance area before dissipating over an open field to the north.

The majority of the track experienced EF-0 and lower end EF-1 damage, but isolated pockets of higher end EF-1 and EF-2 damage were noted between Stuebner Airline to Champions Forest Dr. There, significant portions of roofing material were removed on some residential structures. Portions of outside-facing brick walls also failed.

Additionally, extensive tree damage occurred through much of the path. Several houses suffered significant damage due to tree impacts.

The maximum rating was EF-2 with estimated winds of 115-125mph. Approximately 150 homes sustained damage with at least 12 suffering major damage.

  • Track Length: 3.8 miles
  • Width: 500 yards
  • Estimated maximum wind: 115mph
  • Time: 1:41pm to 1:47pm
Path of Tornado #2 on 11/26/25

Clean-Up Plan

Commissioner Tom Ramsey’s crews were out yesterday, working diligently to remove roadside storm debris left by the twisters.

Starting Monday, December 1, 2025, Precinct 3 crews will begin picking up debris in neighborhoods impacted by the tornado. Please follow the debris separation guidelines below to ensure safe and efficient pick-up.

📞 Residents should report their debris by calling 713-274-3100 or submitting a report at pct3.com/service-request. Select “Road & Bridge Maintenance” on the drop down menu.

The county and its partners have also set up several debris drop off locations.

Please note that hours have been updated for these temporary debris drop-off locations and that they are specifically for Harris County residents affected by the tornado.

These sites will open December 1-5, from 2 p.m. to 6 p.m. and December 6-7, from 9 a.m. to 6 p.m. 

See locations below:

📍 Deputy Darren Goforth Park (Dog Park Side): 9402 Barker Cypress Road, Cypress, TX 77095

📍 Kissing Tree Park: 5707 Louetta Road, Spring, TX 77379

Additional Recover Partners
  • Trinity Klein Lutheran Church: Phone: (281) 376-5773 Website: trinityklein.org
  • Northwest Assistance Ministries (NAM): Phone: (281) 885-4555 Website: namonline.org
  • Cypress Assistance Ministries (CAM): Phone: (281) 955-7684 Website: cypressassistance.org
  • American Red Cross Disaster Assistance: Phone: (800) 733-2767
  • Individual State of Texas Assessment Tool (iSTAT) Damage Survey:Website: bit.ly/tornadoistat

Giving Thanks

We have a lot to be thankful for this Thanksgiving. The tornadoes were relatively weak. No one was killed or seriously injured. And Commissioner Ramsey, his team and community partners are working diligently to clear roads and help clean up the debris.

Please remember this holiday season to help your neighbors anyway you can.

Posted by Bob Rehak on 11/26/25

3011 Days since Hurricane Harvey

Mills Branch Drive to Get $1.2 Million Makeover Soon

11/25/25 – Houston City Council Member Fred Flickinger announced today that Mills Branch Drive will get a $1.2 million makeover from Northpark Drive northeast to the City Limit. See below.

Mills Branch scope
The makeover will consist of an asphalt overlay funded through the Dedicated Drainage and Street Renewal Capital Fund.

Public Works will begin improvements on Mills Branch Dr. starting Monday, December 8, weather permitting, and expects to complete the project by Saturday, January 17, 2026.

Flickinger’s office says construction activities should take 40 days, Monday through Friday from 7:00 a.m. to 6:00 p.m. and that weekends will vary. Construction should not interrupt water or sewer service.

However, the project will include temporary lane closures. So please watch for flagmen and orange traffic cones that will help with traffic flow through the construction zone.

Also, expect some delays and leave extra time for commuting during construction. Finally, Flickinger warns of noise levels which will likely increase because of construction equipment in the area.

As always, pack your patience and look forward to a better ride in the future.

The Council Member says this project has no particular connection to the Northpark or Ford Road improvement projects. It just needed to be done. Regardless of the motivation, it should help with an evacuation should one ever become necessary due to flooding.

For More Information

Please contact the District E office at (832) 393-3008 or via email at districte@houstontx.gov.

Posted by Bob Rehak on 11/25/25

3010 Days since Hurricane Harvey



Northpark Bridge Construction Plan Changes

11/23/25 – Contractors for the Northpark expansion project will now start constructing piers for the bridge over the UnionPacific Railroad tracks and Loop 494 on the east instead of the west, as previously announced. Photos taken today show equipment that will be used to drill the piers pre-positioned near Public Storage.

Elsewhere along Northpark since the last update a week ago:

  • An additional newly paved inbound lane between US59 and Exxon now shows how wide Northpark will be.
  • The drainage junction box on the west side of the UP tracks is complete and covered, although the box still needs to be connected to 8′ culvert coming under Loop 494.
  • Many, but not all, of the new driveways to businesses on the north/outbound lanes have now been completed.

As always, the pictures tell the story. I took all photos below today, Sunday, November 23, 2025.

Full Width Now Visible by Exxon

New concrete near 59 gives one a feeling for just how wide Northpark will be for most of its length. It’s not all open yet, but it won’t be long.

Looking west toward the junction of US59 and Northpark.

Here’s a wider shot from the reverse angle.

Looking east from over 59.
Farther east, you can see the area in the middle where the bridge will start to elevate by PNC bank near bottom of frame.

Drainage Junction Box West of Tracks Now Complete and Covered

The drainage junction box west of the UP tracks is now complete and covered. However, before Loop 494 paving can be completed, contractors must still install a short section of 8′ culvert. Boring under the tracks was a major milestone and so is the completion of the first junction box.

Buried junction box is to right of excavator.
The steel fin poking up in the oval marks the edge of the junction box.

Next, contractors will excavate the area between the red lines and connect the junction box with culvert already running under Loop 494. Then…

Contractors will next complete this last section of Loop 494, which should greatly relieve traffic congestion.
The junction box east of the tracks is virtually complete. More good news!

It, too, will need to be connected, and then drainage will reach all the way from the entry ponds to the Kingwood Diversion Ditch. However, before new surface lanes can be put over the tracks, electricity to the UPRR crossing signal must be rerouted. See below.

Instead of power going to the signals from 3 to 2 to 1, UP must reroute it from 4 to 1.

Ralph De Leon, the Northpark project manager indicated that Pole #4 is already energized so this is primarily just a rewiring exercise. However, UP will not give him a definite date to plan around. They say they hope to get to it sometime “next year.”

Where Bridge Construction Will Now Start

Looking farther east, you can see more surface lane prep on the left, fresh concrete with curbs and drainage inlets completed on the right, and equipment being mobilized for drilling bridge piers in the middle.

Looking E from in front of Self-U Storage. Friendswood’s new Northpark Enclave subdivision on right.
Equipment that will be used to start drilling piers stationed in front of Public Storage (left)
The telescoping Kelly Bar that will be used to hydro-excavate 100-foot deep holes for the piers
Red crane will control Kelly Bar

The drilling will be a step and repeat process with rebar and concrete being inserted into each hole before moving on to the next. That will keep the holes from collapsing as work proceeds.

Slightly farther east, you can see where the bridge will end and the surface lanes will pinch in

Where surface traffic will eventually merge with bridge traffic.

More news to follow soon about the area above. Between normal traffic, Northpark contractors, and Enclave contractors, this area is getting crowded. Use extra caution.

Posted by Bob Rehak on 11/23/25

3008 Days since Harvey

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.

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.

Cuyahoga River Fire in 1969
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.

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.

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.

Royal Shores wetlands
From USFWS Wetlands Mapper

Scarborough has proposed building out 5,316 acres at the confluence of the West Fork, Cypress Creek, Spring Creek and Turkey Creek.

Wetlands in San Jacinto Preserve flyover
Example of wetlands on Scarborough property
Scarborough property is laced with similar wetlands. Source: USFWS Wetlands Mapper

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.”

“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.”

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.