floodplain development Archives

Northpark South Starts Clearing Wetlands, Floodplain

Colorado-based Century Land Holdings of Texas, LLC has started clearing land for Northpark South in Porter along the West Fork of the San Jacinto River at the west end of Northpark Drive.

Documents from the Houston Planning Commission, USGS, and FEMA; eyewitness accounts from nearby residents and flood professionals; and aerial photos indicate:

Most of the area is in floodplains defined decades ago and not updated since.
The entire area – and then some – went underwater during Harvey.
The entrance to the property near Northpark Drive and Sorters-McClellan Road sits in a bowl that rescue trucks could not get through during Harvey. That would make evacuation difficult in the event of another large flood.
Wetlands dot the property.
Abandoned sand mines may pose safety threats.

The same developer just completed a sister development called Northpark Woods across a drainage channel from this one. But so far, the gutsy developer has avoided any consequences for its risky gamble thanks in large part to a multi-year drought and interminable delays at FEMA releasing the new post-Harvey flood maps.

All Underwater During Harvey

Eyewitness accounts and damage reports indicate that Harvey floodwaters stretched about a third of a mile east of Sorters-McClellan to Northpark and Kingwood Place Drive. That’s on the high side of Sorters-McClellan; the new development will be on the low side.

Floodwaters in this area stopped at about 83 feet above sea level. However, the entrance to the new subdivision is at 75 feet, according to the USGS National Map. That means the water was an estimated 8 feet deep at the entrance.

One long-time resident in the area said, “The intersection of Sorters and Northpark sits in a bowl. It was not passable by Montgomery County Precinct 4 constables in an Army deuce and a half [used for high-water rescue]. Water from the river came right up past that intersection and continued up Northpark to just past the intersection of Kingwood Place Dr.”

Also on the high side of Sorters-McClellan, six of nine buildings at nearby Kingwood College flooded during Harvey. Restoration cost: $60 million!

And then there’s Tammy Gunnels‘ former home a quarter mile south of the new development. It flooded 13 times in 11 years and had to be bought out by Montgomery County and FEMA.

Documents obtained from the Houston Planning Commission indicate that RG Miller is the engineer of record for Northpark South.

Bordering River and Sand Mines

During Harvey, 160,000 cubic feet per second rampaged down the West Fork behind this property.

*Looking west past Sorters-McClellan Road toward what will become Northpark South.* *Note clearing starting in the middle in what used to be wetlands* *(see below).*

*From the National Wetlands Inventory.* *Dark green area on right corresponds to cleared area above.*

Looking NW. Intersection of Northpark and Sorters-McClellan in lower left. Another subdivision called Northpark Woods by the same developer is in the upper right. West Fork San Jacinto and sand mines at top of frame.

Here’s what they hope to build on this property.

*General plan submitted to Houston Planning Commission in 2021.*

Current Floodplains Will Soon Expand

Most of the property already sits in floodway or floodplains. But the FEMA map below has not yet been updated to reflect new knowledge gained as a result of Memorial Day, Tax Day, Harvey and Imelda floods.

In fact, the 2014 date on the map below is misleading. It reflects an update of the base map, but the data that determines the extent of floodplains has not been updated since the 1980s, according to an expert familiar with Montgomery County flood maps.

*From FEMA’s National Flood Hazard Layer Viewer*.

FEMA and Harris County Flood Control have warned people that when new “post-Harvey” flood maps are released in the next year or two, floodplains will expand 50-100%. The floodway (striped area above) will likely expand into the 100-year floodplain (aqua). In turn, the 100-year will expand into the 500-year (tan). And the 500-year floodplain will extend past any of the colored areas.

That’s consistent with eyewitness accounts. And that could potentially put the entire property in floodplains.

Taking Advantage of Map-Update Window

The developer seems to be taking advantage of a window between post-Harvey flood surveys and release of the new maps.

I’m sure the developer’s lawyers would argue that they are complying with all current, applicable laws. But an ethical question arises. Will the new development expose unsuspecting homebuyers to greater-than-expected risk?

If so, why aren’t officials pushing to update maps and floodplain regs faster?

Could some officials be prioritizing economic development now over public safety later?

Certainly not all are. But many flood professionals worry about that.

Next to 5-Square Miles of Sand Mines

The new development sits next to the largest sand-mining complex on the San Jacinto West Fork. Sand mines in this area occupy almost five square miles. However, not all the mines are active. But they still show signs of heavy sediment pollution.

*Looking E toward Sorters-McClellan from over West Fork. Northpark South is at top of frame beyond the sand pits.*

*The operator of this mine decided not to fish its equipment out when they abandoned the site.*

*More colors than Crayola. No telling what’s growing in these ponds.*

Will routing drainage from Northpark South through these sand mines pose a safety risk for people downstream?

Will it be safe for kids to play or fish near these steep-sided pits?

Floodplain Development Called New Form of Redlining

This is an example of why the population of Texas floodplains is greater than the populations of 30 entire states. Yep. Thirty entire states have populations smaller than that of Texas floodplains.

One former floodplain administrator, who requested to remain anonymous, characterized these types of developments as a new form of redlining.

More than a few floodplain and wetland developers target minorities who may not fully understand the flood risk.

Owner financing often accompanies floodplain developments. Such financing can bypass many flood-risk detection procedures that accompany traditional bank financing.

Then, when floods come, the people who can least afford to repair homes suffer the most and longest. Neighborhoods decay faster. And that makes it harder for people to recover their investments.

Years later, the public is left holding the bag. We are asked to fund expensive flood-mitigation projects that would not be necessary had the developer built in a safer area.

Posted by Bob Rehak on 11/11/2023

2265 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.

Interim Guidelines for Atlas-14 Implementation Until New Flood Maps Released

While reviewing the MAAPnext website today, I came across this 1-page PDF that outlines major changes to Harris County’s Policy Criteria & Procedure Manual (PCPM). It describes changes – based on new Atlas-14 Rainfall Statistics – that engineers and developers must follow when designing and constructing flood-control features as part of any development within Harris County.

Atlas 14 Updates Rainfall Frequency Estimates Developed in 1960s

*Developers must now design detention and storm sewers around rainfall rates that increase 16-32% compared to the old standards for Harris County.*

Data included in Atlas 14:

Replaces rainfall-depth information used since the 1960s
Provides estimates of the depth of rainfall for average recurrence intervals of 1 year through 1,000 years, and durations from 5 minutes to 60 days.

NOAA collected this data in Texas through December 2017, which includes rainfall from Hurricane Harvey.

*New Atlas-14 Rainfall Frequency Estimates for the Lake Houston Area*

Floodplain, Detention & Fill Restrictions

The amended policy manual adopts the increased precipitation rates. It also specifies more rigorous criteria for detention basins and fill within the floodplain.

Amendments anticipate that the future Atlas-14 1% (100-year) floodplain will equal the current 0.2% (500-year) floodplain.
Harris County Flood Control District

Therefore, these amendments are considered to be interim and will be reevaluated once new floodplains have been produced as part of HCFCD’s Modeling Assessment and Awareness Project (MAAPnext) in late 2021. You can find more information on MAAPnext at www.maapnext.org.

Zero Net Fill

The old guidelines prohibited developers from adding fill only within the 100-year floodplain. Now they’re prohibited from adding fill within the 500-year floodplain, too. The policy is called “zero net fill.” It means developers cannot bring fill into the floodplains. They can, however, excavate fill from one part of their property and use it to build up another part of their property.

*Under new guidelines, developers cannot bring fill into either the 100-year or 500-year floodplains.*

For a 20-acre development, the average volume of stormwater within detention basins will increase by about 20%, or about 32,500 additional gallons per acre.

Effort to Harmonize Floodplain Regs with Neighbors’

Harris County works with surrounding counties and municipalities to upgrade and harmonize their floodplain regs. However, the effort has not yet yielded much fruit.

Surrounding counties, such as Liberty and Montgomery, have not yet mirrored these restrictions. In fact, those counties still use their comparative lack of regulation as a competitive tool to attract new development. That, of course, makes it doubly difficult for residents of Harris County. They must not only contend with their own runoff, they must contend with their neighbors’.

Posted by Bob Rehak on 11/30/2020

1189 Days since Hurricane Harvey

Guide to Lake Houston Area Floodplain Regulations

Guidelines for floodplain development can bewilder even professionals. Overlapping jurisdictions often have different guidelines. And guidelines often change, as Houston’s just did. Houston now manages the 100-year and 500-year floodplains differently. Cities also have building codes that include more requirements.

Site of the proposed new marina and high rise development. Shot from over the West Fork shortly after Harvey. Note sand deposited by Harvey. 25 and 50-story high-rises would be built on the narrow strip between the lake and the Barrington at the top of frame.

Overview

People ARE generally allowed to build and place fill in floodplains. However, they must follow local floodplain guidelines and obtain permits that restrict what they can do. They must also submit environmental surveys, mitigate wetlands, and provide hydrologic and hydraulic studies. In Houston, they may move earth from one location to another within a floodplain, but not add to the total volume. The general rule of thumb: zero negative impact on the conveyance of the river.

If a development destroys wetlands, wetland credits must be purchased from a mitigation bank. Mitigation banks place conservation easements on some of our most valuable wetlands. By helping to finance conservation of those areas, destruction of less valuable wetlands elsewhere may be permitted. Generally but not always, the mitigation credits must be within the same watershed. However, this is not always the case. Extenuating circumstances may exist.

KSA once considered placing East End Park in a mitigation bank as a way to help finance its long range parks plan. The conservation easement would ensure that the character of the park never changed. And the money raised would have provided needed improvements to other parks at no cost to residents.

Federal Guidelines and How They Relate to Local

FEMA establishes minimum standards for a community to enroll in the National Flood Insurance Program (NFIP). By enrolling and administering floodplain regulations, it allows their residents the opportunity to purchase Flood Insurance through the NFIP. You must at least build at FEMA’s base flood elevation (BFE). But communities can and do set higher standards. And each may have different guidelines.

Engineers and regulators often talk about “freeboard factors.” Freeboard, a nautical term, means “the height of a ships side between the waterline and the deck.” In a flooding context, freeboard means minimum elevation above the BFE. You often see it described as “BFE + 1 ft.” Or 2 feet. Or X feet. Think of it as a safety margin. Any freeboard above the BFE is considered a local community’s higher standard.

To provide a context, below are links to some of the floodplain management orders/ordinances.

Houston Guidelines

Houston Ordinance

HOW Ordinance is Executed

Note Chapters 9 and 13. They changed on September 1, 2018. Changes address building code issues for FEMA X zones. Zone X includes the 500 year flood plain. Many such areas flooded during Harvey.

Army Corps

If a development affects a major waterway like the San Jacinto River, its wetlands, its flow, or endangered wildlife, the Army Corps will also review studies submitted as part of the permitting process. They would look at applications from the point of view of the EPA and Clean Water Act, especially Section 404. Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. … For most discharges that will have only minimal adverse effects, a general permit may be suitable. This is the major focus of the permitting process now underway for the high-rise development in Kingwood.

TCEQ

The Clean Water Act also contains a section 401. It specifically focuses on how States and Tribes can use their water quality standards in Section 401 certifications to protect wetlands. States and Tribes can review and approve, condition, or deny any Federal permits or licenses that may result in a discharge to waters of United States within their borders, including wetlands. States and Tribes make their decisions to deny, certify, or condition permits or licenses primarily by ensuring the activity will comply with applicable water quality standards. In addition, States and Tribes look at whether the activity will violate effluent limitations, new source performance standards, toxic pollutants restrictions and other water resource requirements of State or Tribal law.

Jurisdictional Divides

The Houston ordinance only applies to Houston’s jurisdiction. Houston does not influence neighbors and cannot control or force their policies on other jurisdictions. That is important since Kingwood is surrounded by Humble, unincorporated Harris County (Atascocita and Huffman), and unincorporated Montgomery County.

The Key

Understand that if a developer/individual meets the requirements identified in the floodplain ordinance(s), they can develop in the floodplain (including the floodway). Floodplain administrators must follow the law. However, they try to discourage dangerous floodplain development by “working to rule.” By strictly following all rules with no wiggle room, floodplain administrators can drag permitting processes out. A knowledgeable floodplain administrator can find problems with plans, surveys, and engineering reports for years. By requesting revisions, they can make life so difficult for applicants that it affects the economics of their developments. Eventually they may decide that a project falls into that great black box called “too hard to do,” and walk away.

Words of Wisdom

A regulator told me today that the more people who protest a permit, the harder they are to ignore.

If you have concerns about the high rise development in Kingwood, make sure you register them with the Army Corps (which is currently reviewing the permitting from a CWA 404 perspective). The deadline: January 29.

Comments and requests for additional information should reference USACE file number, SWG-2016-00384, and should be submitted to:

Evaluation Branch, North Unit
Regulatory Division, CESWG-RD-E
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
409-766-3869 Phone
409-766-6301 Fax
swg_public_notice@usace.army.mil

Posted By Bob Rehak on January 9, 2019

498 Days Since Hurricane Harvey

Developer Plans to Build High-Rise Resort in Old Riverbed

The developer of a proposed new high-rise resort in Kingwood plans to develop the marina portion in an area that was once the riverbed of the San Jacinto west fork.

Aerial photos taken in 1943 clearly show the outline of an old meander about .4 miles north of the current riverbed.

*1943 aerial photo. Note feint outline of old riverbed above the current river.*

Google Earth lets users trace a path and then save it, like I have with this orange line.

Creating an outline of the path allows you to scroll forward in time within Google Earth (see image below).

Here is the same path superimposed over current conditions.

*Plans call for marina high rises along orange path just north of lake below eastern edge of Barrington.*

*The Marina would be developed in the old river bed of the San Jacinto.*

Photo of proposed marina site next to River Grove Park. The giant sand bar in the foreground of this photo taken after Harvey has mostly been dredged by the Army Corps. However, it’s appearance almost overnight during Harvey contributed to the flooding of 650 homes above the drainage ditch (center left). Future development in this floodplain would likely make flooding worse.

Dangers of Building in Old Stream and Riverbeds

During major floods, water often follows these old streams and riverbeds. Many neighborhoods in Houston discovered this danger during Harvey. Former Harris County Judge Ed Emmett often questioned the wisdom of such developments because of their susceptibility to flooding – even after mitigation.

Here are two examples that show such developments encroaching on waterways and separating them from their floodplains. In the first example, the waterway was obliterated. In the second, White Oak Bayou, the waterway still exists. However, the flood plain has been developed. Despite mitigation efforts during development, the neighborhoods around White Oak Bayou have suffered severe and repeated flooding.

Why Do We Continue to Develop Flood Plains?

This brochure, Why We Continue to Develop Floodplains: Examining the Disincentives for Conservation in Federal Policy, is a must-read for anyone who wants to understand the financial logic behind developments like this one. A group called Earth Economics developed it. Zachary Christin, Project Director for Earth Economics, and Michael Kline, from the Vermont Department of Environmental Conservation, authored it with support from the Kresge Foundation. This report investigates whether current federal policy is structured to prevent future flood damage or if incentives lead to further floodplain development.

The basic premise may rub many Texans the wrong way, but you should still read it. “Flood risk management,” the authors argue, “seeks to enable communities to live nearby by controlling rivers with levee systems and other structures. This false sense of protection places families and infrastructure at risk in a climate that is changing beyond our capacity to maintain protections against its effects. Rather than attempting to control our country’s powerful rivers, we should instead control how and where we allow human activities.”

Confining streams, they argue, merely shifts flood risk downstream. The authors explore the benefits and the natural protective qualities of healthy, functional floodplains. They then discuss the causes of floodplain destruction and investigate the policies that further incentivize their development. Finally, they outline paths forward to create new floodplain policy. You may disagree with the premise. But it contains many powerful observations and statistics.

As always, these represent my opinions on matters of public policy. They are protected by the First Amendment of the U.S. Constitution and the Anti-SLAPP statute of the Great State of Texas.

Posted by Bob Rehak on January 2, 2019

491 Days since Hurricane Harvey

Tag Archive for: floodplain development