Tag Archive for: Floodplain fill

Harris County Shuts Down Fill Operation in Cedar Bayou Floodplain

2/25/26 – According to Precinct 3 Director of Engineering Eric Heppen, P.E., PMP, Harris County has issued a cease-and-desist order to the owner of property in the Cedar Bayou floodplain where TXDoT contractors were depositing dirt excavated from the Luce Bayou watershed.

Dirt excavated in upper left was being trucked to Cedar Bayou floodplain in massive quantities.
floodplain fill
One of two truck lines at excavation site. Approximately 20 dump trucks were filling up at detention basin under construction adjacent to FM2100.
From there, a parade of the trucks deposited it in the Cedar Bayou Floodplain before making another round trip.

Precinct 3 Project Manager Jason Hains said trucks stopped depositing the fill yesterday afternoon, 2/24/25. Nearby residents say they did not see trucks entering or leaving the property today.

TXDoT Comment

One reader, Chris Summers, who complained directly to TXDoT received this reply this afternoon from TXDoT’s North Harris Assistant Area Engineer Nyemb Nyemb, PE. Mr. Nyemb said, “Our construction and environmental teams are looking into it now. We also have a meeting with Harris County tomorrow and will address this matter with them directly. TXDoT contractors are required to comply with all applicable floodplain and environmental regulations, and any confirmed violations will be corrected.”

Summers, who reported the illegal dumping, said, “TXDoT may not have known where their fill dirt was going, but should have.”

Violation of Harris County Floodplain Regulations

The fill operation violated Harris County Floodplain Regulations adopted by Commissioners Court in 2019 in response to Hurricane Harvey. During Harvey, almost half of the Harris County homes flooded were outside of any known floodplain. In part, that’s because of the cumulative impact of such unauthorized dumping during almost twenty years since Tropical Storm Allison in 2001. And that’s a large part of the reason why Section 4.07(e) now says:

“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”

“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”

What Property Owner Must Do

According to both Heppen and Hains, the owner of the property in the floodplain must:

  • Stop accepting fill
  • Come up with a plan to remove fill already deposited there.

That’s going to be a big order. The fill reached treetop level in places and covered approximately six acres.

Reportedly, the owner did not plan to build anything on the dirt, but planned to sell it. He referred to the dirt as “temporary.”

But Heppen emphasized that that still did not relieve the owner of the need to develop a mitigation plan, which he did not do. Nor did it relieve him of the burden of acquiring a permit, which he did not have.

Loss of Floodplain Storage Incremental and Cumulative

Heppen emphasized that the loss of floodplain storage is incremental and cumulative.

He referred to the displacement of floodwaters. For every cubic yard you place in the floodway, that’s one less cubic yard for the storage of floodwaters.

“That’s why it’s prohibited,” Heppen said. “If enough people do it, eventually you erase the safety margin above the floodplain for surrounding homes.”

Heppen thanked readers for bringing this to the County’s attention and for filing complaints.

Could State Criminalize Such Behavior?

Heppen also said that the county may work with the state next year to pass a law against such fill activity. The thought: to make such dumping a criminal, not a civil offense. That changes the whole “What if I get caught?” equation. Instead of a slap-on-the-wrist fine, a criminal record might disqualify someone from getting future jobs.

Passing such a law would surely be an uphill battle. But that also speaks to the widespread nature of the problem.

One other engineer I talked to suggested, “The problem is going on all over Harris County.” Another said, “It puts everyone at risk.”

If You See Such Dumping…

If you see a recurrence of such dumping here or anywhere in Harris County, please report it to me. I’ll help document it and get it to the proper authorities.

They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property. 

It’s OK for people to excavate a pond or detention basin on their property, and use the excavated dirt to elevate other parts of their property. The golden rule: Just don’t bring fill INTO a Harris County floodplain.”

Posted by Bob Rehak on 2/25/26

3102 Days since Harvey

Cedar Bayou Floodplain-Fill Operation Shifts into Higher Gear

2/23/26 – Harris County Engineering and the County Attorney appear to have stopped enforcing floodplain regulations. On February 5, 2026, I photographed TXDoT contractors excavating dirt to form a giant detention basin adjacent to the FM2100 expansion project in Huffman. From there, they trucked the dirt to a farm north of Huffman Eastgate Road, where they dumped it inside of the Cedar Bayou 100-year floodplain.

Despite violating county regulations, the floodplain fill operation has shifted into a higher gear. See details and pictures below.

Path of fill
TXDoT contractors are moving fill from upper left to lower center of this satellite photo near Hargrave High School (lower right).

Here’s what that means in terms of floodplains.

Dirt is moving from outside the floodplain to inside it and from one watershed to another.

When I reported the dumping in early February, the County told me that it violated floodplain regs. The regs became effective July 9, 2019 shortly after Harvey. They prohibit the addition of fill to floodplains without 1:1 compensatory mitigation in the same floodplain, and preferably on the same property. I reprinted the relevant text below verbatim. To see the entire document, click here.

Section 4.07(e) on Page 45

“Any reduction in floodplain storage or conveyance capacity within the 0.2 percent or 500‐year floodplain must be offset with a hydraulically equivalent (one‐to‐one) volume of mitigation sufficient to offset the reduction. The reduction may result from development or the placement of fill within the 0.2% floodplain or 500‐year floodplain.”

“Such mitigation shall be within the same watershed and shall be provided on the same property or within the same hydrologic sub‐watershed or at an alternate site meeting the approval of the County Engineer. A full hydrological and hydraulic analysis must be submitted to support a request for mitigation outside the boundaries of the property being developed. This requirement does not apply to Coastal Areas where floodplain fill mitigation is not an issue.”

According to the Harris County sources, the contractors don’t have a permit. And to get one they will have to perform mitigation as described above.

Pace of Fill Activity Doubles Compared to Feb. 5 Post

I saw a dozen trucks enter the dump site within a 20-minute period today. That’s roughly double the pace I observed on 2/5/26. I took all the pictures below after lunch today.

Cedar Bayou Floodplain Fill Operation by TXDoT. As three trucks were leaving site, more were entering.
They would open a hatch in the belly of the bed and spread their fill while driving in a circle to return to the excavation site without stopping.
It was a constant parade. As one truck left, another would enter. I counted a dozen trucks in 20 minutes.
The dump site lies near the Luce Inter-Basin Transfer Canal (lower left).
Note fill reaching treetop level at the rear of the property. Portable lights let the operation continue after dark according to nearby residents.

Photos Taken Minutes Later at Excavation Site

A little more than 3 miles to the northwest, up FM2100, the pace of fill activity was even more evident. Today, I saw two lines of trucks waiting for fill at the excavation site.

First of two lines at the excavation site had eight trucks lined up loading or leaving for the dump site.
The second line had nine trucks lined up.

Where Has Enforcement Gone?

Operations this big can’t be overlooked by accident. Sources familiar with Harris County Engineering say they still review plans and issue permits, but they rarely, if ever, check on compliance under the current administration. And the County Attorney rarely prosecutes these cases; he’s running for a new job.

So, the source says, people in both offices collect paychecks, but rarely bother to work. I mention this, because it’s an election year and we have a chance to change that.

Why Adding Floodplain Fill is Prohibited

It seems as though the current administration has already forgotten why county commissioners revised the regulations in 2019. Almost half the 154,170 homes that flooded during Harvey in Harris County were outside mapped floodplains. That was largely a function of a) fill added to floodplains combined with b) hopelessly out-of-date flood maps.

As one of the most seasoned engineers in the region told me, the “bathtub effect” was real. “Put enough fill in the floodplain and it will displace water, flooding someone else’s property.” He also said, “The fill can also disrupt flow patterns, forcing floodwater onto neighbor’s property.”

He cited the case of one family nearby that floods constantly now because of fill added to a neighbor’s property. But he sees issues like this all over the region.

Coming Next

More on that and similar cases tomorrow when I talk about the expensive “Flood-Mitigation Treadmill.” Most people don’t realize how expensive correcting problems like the one above are compared to preventing them in the first place. Sometimes it’s hard for mitigation to keep up with the people constricting floodplains. Don’t miss it.

Harris County did not return phone calls or emails today in response to enquiries about the floodplain fill shown above.

Posted by Bob Rehak on 2/23/26

3100 Days since Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Arrest Warrants Issued in Floodway, Floodplain Fill Case

2/21/26 – A person believed responsible for illegally placing massive amounts of fill in the floodway and floodplain of the San Jacinto West Fork near the intersection of Savelle and Sorters-McClellan Roads has yet to pay fines or remove the fill. He has also failed to appear at multiple hearings on the case, resulting in warrants being issued for his arrest.

New Aerial Photos Show Fill Not Yet Removed

Aerial photos taken on 2/20/26 show the site has not changed since Houston Public Works and the Houston Police raided it in December and caught several large trucks dumping their loads. Heavy equipment has been removed, but the fill has not.

Looking N at most of site. Savelle Rd. on right. Sorters in top right. Public road now gated (red circle).

Yesterday, the gate was locked. High, solid fences blocked views of the property from the roads. And a gate now blocks the entrance to a public street on the south side of the property.

Response from City About Status

District E City Council Member Fred Flickinger’s Chief of Staff Dustin Hodges responded as follows to my inquiry as to the status of enforcement actions against the owners. I have reprinted it verbatim below.

“Here’s the latest I received from Floodplain Management on the Savell Rd property.”

“We have continued to monitor the site on a weekly basis and have issued citations to Mr. Rene Martinez each week. I have not had any further communication with Mr. Martinez since our last meeting on December 19, 2025.

“Mr. Martinez has failed to appear at his scheduled arraignment dates, resulting in two warrants being issued for his arrest and three failures to appear.

“I have sent certified notices to both Mr. Martinez and the property owner of 139 Lakeside Street, whom I believe may also be involved in the illegal fill dirt activity. Additionally, the residents of 139 Lakeside Street have installed a gate across the public roadway, which has blocked our access to the site.

“We will continue our efforts to bring the property into compliance and welcome any assistance from the Houston Police Department or the City of Houston Legal Department that can be provided to help resolve this matter.“

History of Issue

I first posted about this issue in December after a citizen sent me a tip about unusual truck traffic at the site. The very next day, Houston Public Works and the Houston Police Department raided the site. They found multiple violations and caught several trucks dumping their loads.

Harris County Flood Warning System records show that this location had the highest flooding in the county during Hurricane Harvey – a whopping 27 feet above the normal water level.

Filling floodplains and floodways is dangerous because it constricts and displaces floodwaters, flooding properties somewhere else, such as Costco and Main Event on the other side of the river.

What Regulations Say

And that’s why City of Houston regulations prohibit bringing fill dirt into floodways and floodplains. Chapter 19 Div. 2 Sec. 19.34 states:

  • No fill may be added to a 100-year floodplain.
  • Any loss of floodplain-storage volume must be mitigated onsite.

Floodways enjoy even more protection. Chapter 19 Div. 3 Sec. 19.43(a-b3) states:

  • “No floodplain development permit shall be issued for a development to be located in any floodway…” 
  • “The development will not impede the flow of floodwaters.”
  • “The development will not result in an adverse effect on the conveyance capacity during the occurrence of the base flood.”

The City says the property owner(s) did not have a permit to place the fill.

Note height of fill. It’s as high as many small trees.
Immediately N of filled property. Note how swampy the area is. West Fork at top of frame.
Looking S toward US59 bridge over West Fork and its confluence with Spring Creek.
Looking NE. Note height of fill which stretches all the way to the West Fork (left).

At this point, we do not yet know where the fill came from or whether the owner(s) have the ability to remove it. More news to follow. Harris County Appraisal District Records show that the area being filled belongs to at least two couples, who have acquired multiple properties within it.

Harris County Appraisal District Map of general area with fill.

Posted by Bob Rehak on 2/21/2026

3098 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.

City Fines Property Owner Filling West Fork Floodplain, Floodway

1/13/25 – The City of Houston is fining a property owner caught bringing massive amounts of fill into the floodway and floodplain of the San Jacinto West Fork. The fines will signal others that the City is serious about enforcing its floodplain regulations.

Raid in Response to Dumping Caught on Camera

On 12/11/25, Houston Public Works raided a property at 21915 Savell Road, Kingwood, Texas 77339. The main entrance to the property lies at the corner of Savelle and Sorters-McClellan Roads.

The owner of the largely vacant property was bringing in dozens of giant dump trucks filled with dirt. The trucks dumped the dirt in the floodplain and floodway of the San Jacinto West Fork.

City inspectors, District E City Councilman Fred Flickinger’s Chief of Staff Dustin Hodges and HPD caught a dump truck pulling away with its bed still up as they entered the site. The raid was caught on camera.

Photo captured minutes before raid.

City ordinances adopted after Harvey prohibit bringing fill into the floodways or 100-year floodplains. Property owners can move dirt within them. For instance, they can excavate detention basins and use the dirt to elevate homes elsewhere on the site above the floodplain. But they cannot add fill and constrict the conveyance of streams, rivers, or bayous. That pushes water onto adjoining property owners and increases their flood risk.

Multiple Violations Found

According to the City, inspectors found multiple egregious violations at the site. Despite that, the property owner appeared defiant rather than contrite in a followup meeting.

On December 19, the inspector met with the property owner. The meeting reportedly began innocently enough. The owner identified himself and the inspector confirmed his ownership of the property through Harris County Appraisal District records.

They then discussed multiple violations observed on the property within the Special Hazard Flood Area (SHFA) and the Floodway. The violations included:

  • CC460 – No Development Permit: Two un-permitted structures were observed within the SHFA.
  • BD44 – Performing Grading Without First Obtaining a Permit: Inspectors observed introduction of excessive fill material (dirt) within the SHFA and the Floodway without an approved permit.
  • BD55 – Failure to Employ Silt Fencing: They also found no erosion-control measures in place. Worse, they observed fill material runoff entering the West Fork of the San Jacinto River and a nearby tributary.

The inspector next explained the applicable Federal Emergency Management Agency (FEMA)/Chapter 19 Floodplain Ordinance, including City of Houston amendments.

Then, he reportedly told the property owner that an “as-is topographic survey” would be required to proceed. The survey would need to include spot elevations of current site conditions, delineation of the SHFA and Floodway, and the legal property boundaries.

He said this information was necessary because a neighboring property is also believed to be in violation.

Owner Pushes Back

According to the inspector, the owner then asked who would be responsible for paying for the survey. The inspector advised him that the cost would be the responsibility of the property owner in violation.

The owner then responded that he was not in violation and that if a survey were needed, the City of Houston would have to pay for it.

City Inspector

The inspector then explained that “Without the required survey information, I could not assist him in bringing the property into compliance.” Further, the inspector advised the owner that, based on his position, there was nothing further to discuss and that citations would be issued that day and weekly thereafter until compliance was achieved.

Owner Refuses to Sign Citation

Next, the inspector asked the owner if he would sign the citation, but the owner declined. The inspector then informed him of the violations being cited and his arraignment date, time, and location. Finally, the inspector advised him that the citation—and any subsequent citations—would be mailed to the address listed on his state-issued identification.

Since that meeting, the inspector has issued citations on a weekly basis. Arraignment dates for these citations are scheduled as follows: January 27, 2026; February 3, 2026; and February 10, 2026.

“Beginning January 27, 2026,” said the inspector, “the owner’s required appearance for arraignments will be scheduled every Tuesday thereafter until compliance is achieved or until otherwise directed by leadership.”

What City Regulations Say

City of Houston regulations prohibit bringing fill dirt into floodways and floodplains. Chapter 19 Div. 2 Sec. 19.34 states:

  • No fill may be added to a 100-year floodplain.
  • Any loss of floodplain-storage volume must be mitigated onsite.

Floodways enjoy even more protection. Chapter 19 Div. 3 Sec. 19.43(a-b3) states:

  • “No floodplain development permit shall be issued for a development to be located in any floodway…” 
  • “The development will not impede the flow of floodwaters.”
  • “The development will not result in an adverse effect on the conveyance capacity during the occurrence of the base flood.”

Removal of Fill Demanded

According to City Council Member Flickinger’s Chief of Staff Dustin Hodges, nothing new has happened on the case since the 12/19/26 meeting.

“The City is still pushing for removal of all the fill brought into the floodplain and floodway.”

Dusin Hodges, District E Chief of Staff

Hodges also says the fine for non-compliance ranges from a minimum $250 per day up to $2,000 per day.

This may make the perfect test case. The fill, in my opinion, is egregious; this is no small amount. The area where the fill was dumped had the highest flooding in Harris County during Harvey – 27 feet above normal, which caused hundreds of millions of dollars in damage and more than a dozen deaths.

Posted by Bob Rehak on 1/12/26

3059 Days since Hurricane Harvey