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.

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

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.

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

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.

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

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.

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.
















































