Tag Archive for: wetlands

GLO Transparency Claim Leaves Supporters Scratching Heads

1/6/2026 – The Texas General Land Office (GLO) which manages more than $14 billion of flood mitigation funds has invested in the development of flood-prone land. But it won’t explain why, even as the agency proclaims “transparency above everything.”

Partnership with Developer of Flood-Prone Land

Since 2020, I have posted more than 40 articles about the 5,000+ flood-prone acres west of Kingwood, virtually all of it in the floodways and floodplains of Spring and Cypress Creeks where they join the San Jacinto West Fork. For many years, the property was owned by a Syrian developer called Ryko and its sister company, Pacific Indio Properties. They wanted to build 7,000 homes on it.

However, they ran into repeated physical and political development challenges having to do with floodplains, floodways, streams, wetlands, emergency access and more. On August 18, 2025, they quietly sold the property to a Dallas-based developer named Scarborough and one of its sister companies, San Jacinto Preserve, LP.

What wasn’t clear at the time was that the Texas General Land Office (GLO) and a state board it oversees, the School Land Board (SLB), partnered with the buyers to purchase the flood-prone land and develop it. That’s significant because the GLO also administers more than $14 billion of flood-mitigation funds for the U.S. Department of Housing and Urban Development (HUD) – an apparent conflict of interest.

As word leaked out, the GLO stonewalled public-information requests. They appealed Freedom of Information Act requests to Texas Attorney General Ken Paxton’s office. Paxton’s office upheld the GLO’s right to conceal the nature and extent of the GLO/SLB involvement.

I could find no mention of the State Land Board partnership with Scarborough in meeting minutes or agendas posted online. However, I did find one reference in an unaudited financial report. It said…

“Scarborough Lane Development and the School Land Board entered into a partnership in August 2025 for the development of a master planned community. The partnership acquired approximately 5,317 acres in Montgomery County.”

Page 71 of unaudited GLO Financial Annual Report dated August 31, 2025, two weeks after the purchase.

That’s it…32 words about an investment reportedly totaling close to $140 million.

So, I started digging. I wanted to know how the GLO reconciled the apparent conflict between:

  • Managing more than $14 billion of federal and state flood-mitigation dollars
  • Investing in the development of flood-prone properties.

But the deeper I dug, the deeper the GLO seemed to dig in.

Initial Response

On 12/19/25, the GLO issued this statement.

“This investment was approved by the School Land Board (SLB) pursuant to Chapter 51 of the Texas Natural Resources Code (TNRC). The GLO’s investment in this project through the SLB as a limited partner was contingent upon Montgomery County’s approval of the drainage study, which was successfully completed in July 2025. As Land Commissioner, I am committed to preventing future flooding. We are meeting with stakeholders and have heard the local concerns regarding this project. Our agency is dedicated to serving the best interests of the community.” Commissioner Dawn Buckingham, MD

However, I learned via FOIA requests to Montgomery County that the county did NOT actually approve a full drainage study in July 2025. The county engineer’s letter listed three pages of things Ryko would have to do to get approval. At the time, the new owners were relying on a preliminary drainage study provided by the previous owners.

It had gaps, to say the least. Either no one at the SLB read the letter or they didn’t know I had it. So, I sent them the letter and asked how they could call that “successfully completed.” They never directly answered that concern.

Nor did they explain why they invested in the project! When I asked…

Second Response

On 12/30/25, I received a second statement from the GLO. It read:

“Recognizing how important Montgomery County is to Texas, the School Land Board (SLB) wanted to bring economic development and opportunity to the area with this project. The board was confident we could mitigate flooding risks. However, we have heard and want to be sensitive to the public’s concern over flooding. At this time, we have decided not to move forward with the development as planned.” — Commissioner Dawn Buckingham, MD 

So…we went from “successfully completed” a drainage study (past tense) to “confident we COULD mitigate flooding risks” (future conditional tense).

But there’s another problem. The response seemed to conclude on a positive note. “We have decided not to move forward with the development…” Then I noticed “as planned.”

So, I asked what Buckingham meant by “as planned.” I specifically asked whether the GLO was pulling out of the development or modifying it to find a compromise between economic development and flood mitigation. So I asked.

Third Response

The GLO press office next emailed a statement on 1/5/26. Their legal counsel said this:

“As a limited partner, the GLO cannot halt this project altogether. The agency is in discussions with our partners to evaluate all available future options for this tract to address the raised concerns.” – Nameless GLO lawyer

Three problems:

  • Note the “S” on partner, making it plural. From this, I deduce that the GLO is now discussing options with Scarborough and at least one other partner. Who? Montgomery County? HUD? The Texas Water Development Board? Texas Parks & Wildlife? Someone else?
  • Whose concerns? The unnamed partners’ concerns? Or the public’s?
  • It’s unclear what kind of options are on the table.

However, it is clear the project has not been cancelled yet as the previous statement implied.

Transparency Issue

At this point, we know that a state agency charged with administering billions of dollars in flood mitigation funds has helped purchase flood-prone land for the purposes of development.

But, there’s a huge transparency issue. We still don’t know:

  • Whose money they used to help purchase the land
  • How much they invested
  • Why
  • What commitments the GLO made
  • What the plans are
  • What happens to the investment if the project fails?

Yet the GLO’s website proudly proclaims “transparency above everything”.

Ignoring issues like these undermines trust in government. If this is such a good deal, why isn’t Commissioner Dawn Buckingham holding a press conference about it?

Why the Fuss?

I talked to one retired, highly respected developer who looked at this land decades ago. He said “development just doesn’t make economic sense.” The area is one of the most flood-prone in the region.

Ryko and its sister company, Pacific Indio Properties, tried to develop the property below for years without luck.

Ryko drainage impact study illustration showing outline and floodplains.
Within the red outline, only dark gray areas are elevated above floodplains. But blue and lighter gray areas are in floodplains or floodways.

Those floodplains and floodways will expand significantly – likely by 50% to100% – when FEMA adopts new maps based on Atlas-14 data. See FEMA’s old map below.

From FEMA’s Flood Hazard Layer Viewer. Map dated 2014. Scarborough land in center. Brown = 500-year floodplain, Aqua = 100-year, Cross-hatched = Floodway.

In addition to floodplain and floodway issues, the property has wetland issues.

From the National Wetlands Inventory. Note solid green areas – the wetlands – as well as numerous ponds and streams within the property. All raise development uncertainty and costs.

“Like Aiming a Firehose at Kingwood and Humble”

One of the most respected hydrologists in the region said that “if this property ever got developed, it would be like aiming a firehose at Kingwood and Humble.”

You would think that would be a concern for an area where floodwaters rose 27 feet and killed 15 people. But unlike officials in neighboring areas, the GLO has never publicly discouraged development of this land. Instead, they’re investing in the development of it!

Concerns Expressed by Neighboring Officials

In addition to the physical challenges, Scarborough and the GLO face many political challenges.

  • The Houston Planning Commission has not approved the developer’s general plan or plats.
  • Harris County unanimously approved a resolution urging Montgomery County to apply stricter Harris County floodplain standards to the development.
  • Houston City Council unanimously approved a strongly worded resolution OPPOSING the Scarborough Development.
  • Precinct 3 Commissioner Ritch Wheeler took an extension of Townsen Blvd off the 2025 Montgomery County Road Bond to make development more difficult.
  • The Montgomery County Engineer is demanding an alternative evacuation route.
  • Harris County will not permit a bridge across Spring Creek that the developer needs as an alternative evacuation route.

Even people who normally support Commissioner Dawn Buckingham are scratching their heads over this deal and the GLO’s concealment of information that should be public.

Posted by Bob Rehak on 1/6/2026

3052 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.

BLC Letter Protests Redefinition of “Waters of the U.S.”

A new definition of “Waters of the U.S.” proposed by the Army Corps and EPA would eliminate the federal brakes on development of upstream wetlands, such as those in the Lake Houston Area and Montgomery County. Time is running out to file a protest letter. Less than a month remains before the close of public comment; the government must receive your letter by January 5, 2026.

I received the Bayou Land Conservancy’s protest letter this morning and am reprinting it here verbatim in case you want to borrow language from it. First, some context.

What’s at Stake?

Romerica swamp
Wetlands near Lake Houston where Romerica wanted to build a 50-story high rise and now wants to build a luxury resort.
Wetlands near confluence of Spring Creek and West Fork being filled by developer

Immediately across the river…

Scarborough
A Dallas-based developer is trying to develop 5300 acres laced with wetlands.
Royal Shores land sold to Ron Holley
Wetlands near Kings Point and Royal Shores on East Fork above Lake Houston

The old definition of “Waters of the U.S.” gave the EPA and Army Corps legal authority to protect wetlands far upstream. Wetlands act as nature’s sponges. They soak up floodwater, reducing downstream impacts. They also clean water, reducing filtration costs. And finally, they provide habitat for wildlife that enriches the human experience.

What’s Changing?

The proposed new definition would stop Army Corps and EPA jurisdiction at the first dam on a river. Anything upstream would no longer enjoy federal protection. Local governments often do not regulate development of wetlands; historically they have relied on the federal government to do that.

The regulatory vacuum created by the change would open up millions of acres to development, especially in fast growing areas like north Houston where flood-prone wetlands are cheap and plentiful. Increases in impervious cover in wetland areas that once retained water will likely increase flood risk for everyone living downstream.

Bayou Land Conservancy Letter

Docket ID No. EPA-HQ-OW-2025-0322

To: Administrator Zeldin, Environmental Protection Agency

Re: Opposition to Updated Definition of Waters of the United States (89 FR 79549, November 20, 2025)

The Bayou Land Conservancy (BLC) submits this comment letter in strong opposition to the updated definition of “Waters of the United States” (WOTUS) proposed by the Environmental Protection Agency (EPA) and the Department of the Army.

About Bayou Land Conservancy and Our Standing

Bayou Land Conservancy is a community-sponsored land trust working to permanently preserve land along streams for flood control, clean water, and wildlife. As an accredited land trust, we are the primary non-profit organization preserving land within the watersheds that feed into Lake Houston, focusing our efforts on northern Harris and Montgomery counties. Since 1996 BLC has permanently preserved more than 15,000 acres of land in southeast Texas.

BLC has direct standing to comment on this proposed rule because we are not merely observers; we are property interest holders and stewards of the very landscapes this rule affects. We hold perpetual conservation easements and own fee-simple land throughout this region. Our legal obligation is to protect the conservation values of these properties in perpetuity.

Because water flows downhill, the integrity of the lands we protect is inextricably linked to the regulatory status of the waters flowing through and above them. If the definition of WOTUS is narrowed to exclude ephemeral streams and adjacent wetlands, the conservation values we are legally bound to uphold, specifically water quality maintenance and flood storage, are put at direct risk by upstream unregulated activity. Therefore, BLC submits these comments as a directly affected stakeholder whose ability to fulfill its non-profit mission is threatened by the proposed reduction in federal jurisdiction.

The Critical Importance of the Lake Houston Watershed

The Lake Houston watershed is not merely an ecological region; it is a vital piece of the Houston-Galveston metropolitan area’s public infrastructure. Lake Houston is the largest single source of surface drinking water for the City of Houston. Protecting the quality and quantity of water flowing into this reservoir is a non-negotiable imperative for public health and economic stability for millions of residents.

Our area is defined by some of the fastest-growing communities in the nation, including The Woodlands, Conroe, Tomball, and Kingwood. This rapid urbanization creates immense pressure on the natural systems, increasing runoff, sedimentation, and pollutant loads. The Clean Water Act applied broadly is essential to mitigate these impacts.

Hydrological Features at Risk

The proposed updated definition, if finalized, risks removing federal protections from essential water features that are demonstrably connected to Lake Houston and its major tributaries. A narrow definition that excludes ephemeral streams or wetlands without a continuous surface connection ignores the scientific reality of our region’s hydrology.

Specific features at risk in our area include:

The San Jacinto River System (West Fork and East Fork):

As the primary artery feeding Lake Houston, the San Jacinto River relies heavily on a vast network of headwater streams. In Montgomery County, many of these headwaters are ephemeral, flowing only after our region’s intense rain events. If these “temporary” streams lose protection, they become prime targets for development-related filling. This would sever the hydrological connection that sustains the river’s base flow and water quality, turning the San Jacinto into little more than a conveyance channel for untreated stormwater.

Spring Creek:

Serving as the natural border between Harris and Montgomery counties, Spring Creek is one of the most pristine waterways remaining in the region. Its sandy banks and associated wetlands act as a massive filtration system. However, the health of Spring Creek is dependent on the lateral connectivity of adjacent wetlands that may not have a “continuous surface connection” year-round. Excluding these adjacent wetlands from WOTUS protection would allow for their destruction, leading to immediate sedimentation of the creek, choking off aquatic life and destroying the recreational value of the Spring Creek Greenway.

Lake Creek:

This major tributary flows into the West Fork of the San Jacinto River and drains a rapidly developing portion of Montgomery County. The watershed is characterized by “flashy” hydrology; it rises and falls quickly. The wetlands surrounding Lake Creek are critical for slowing this water down. Removing protection from the smaller, non-perennial feeders of Lake Creek will eliminate the natural braking system for floodwaters, increasing the velocity and height of flood peaks downstream in densely populated areas.

Palmetto and Bottomland Hardwood Wetlands:

Our region is home to unique forested wetlands that may be separated from the main channel by natural berms or levees. Under a restricted WOTUS definition, these vital flood-storage basins could be deemed “isolated” and paved over. This would result in a direct transfer of flood volume from undeveloped land into the living rooms of downstream residents.

Additionally, three important factors should also be considered in noting BLC’s opposition to this proposal:

Drinking Water Quality

Unprotected upstream wetlands and tributaries will be subject to increased filling, dredging, and chemical/sediment runoff from development, industrial activity, and agriculture. This degradation will lead to a marked decrease in water quality in Lake Houston, requiring exponentially higher treatment costs for the City of Houston and increasing the risk of contamination.

Flood Mitigation

The wetlands and ephemeral stream systems BLC works to protect act as natural sponges, reducing the velocity and volume of stormwater during increasingly frequent high-intensity rain events. Stripping WOTUS protection from these features will allow for their unmitigated destruction, directly exacerbating the already severe and costly flooding issues in northern Harris and Montgomery counties. Protecting these small, non-perennial waters is directly linked to the safety and resilience of downstream communities like Kingwood and Humble.

Conservation Mission

A narrower WOTUS definition undermines the BLC’s mission, and the conservation investments made by public and private partners across the watershed. If the federal backstop of the Clean Water Act is removed from key headwater systems, state and local regulations will be insufficient to protect the water quality and flood storage capacity essential for this rapidly expanding region.

Conclusion and Request

The BLC respectfully urges the EPA and the Department of the Army to reconsider the updated definition of WOTUS and adopt a definition that robustly protects the waters of the United States, including all tributaries and adjacent wetlands that have a significant nexus to navigable waters. For the Lake Houston watershed, a narrow interpretation of WOTUS threatens the largest source of drinking water for the City of Houston, jeopardizes our communities’ flood resilience, and contravenes the fundamental goals of the Clean Water Act.

We urge the agencies to maintain comprehensive jurisdiction over all features that provide filtration and flood control benefits to downstream communities and critical public drinking water sources.
Sincerely,

Signed,

Jill Boullion

Executive Director

Bayou Land Conservancy

Please Help

Every voice counts. Make sure the government hears yours. Please compose a letter protesting the proposed changes to the definition of “Waters of the U.S.” This post that I wrote in November contains more background on the issue.

You can find the government’s proposed changes to the definition’s wording here.

As of this writing, 9,221 people have submitted public comments.

You can submit public comments to The Army Corps here. Or the EPA here.

Please feel free to write your own comment or adapt language from the letter above. But do it NOW. And get your friends and neighbors to do it too! Perhaps nothing you can personally do will have a greater impact on your safety and the safety of your home or business in the next flood.

If this proposed definition is adopted as is, it will make it easier for developers like the one I posted about yesterday to fill in wetlands near rivers and streams.

Posted by Bob Rehak on 12/10/2025

3025 Days since Hurricane 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.

Developer Buys 5300 Acres of Floodplains, Floodways, Wetlands from Ryko

Update 10/16/25 at 10am – The Planning Department intends to recommend deferring consideration of the general plan discussed below until after the City of Houston District E and Harris County Precinct 3 have have met with the new owner.

10/15/2025 – San Jacinto Preserve and a sister company, Scarborough Houston LLC have purchased approximately 5300 acres of land west of Kingwood from Ryko Development and its sister company, Pacific Indio Properties.

Ryko tried for years to develop the property, most of which is floodplains, floodways and wetlands where the San Jacinto West Fork, Spring Creek, Turkey Creek and Cypress Creek all converge.

Concerns about flooding may have triggered Ryko’s sale after a succession of rapid-fire setbacks:

  • May 2024 floods and the second largest release from Lake Conroe in the history of the SJRA rekindled memories of Harvey’s devastation.
  • A Townsen Blvd. extension through the property was taken off Montgomery County’s 2025 Road Bond at the request of neighboring residents and MoCo Precinct 3 commissioner Ritch Wheeler.
  • The Montgomery County Engineer blasted Ryko’s drainage study
  • Harris County Flood Control did not approve Ryko’s flood-mitigation plans.
  • Harris County Precinct 3 Commissioner Ramsey lined up against a bridge that would connect the area to Humble.

Sale of Property to San Jacinto Preserve, LP, Scarborough Houston LLC

Under public pressure on all sides and faced with the loss of connectivity and critical infrastructure support, Pacific Indio sold the property to San Jacinto Preserve, LP and Scarborough Houston LLC in August of this year. Here is the Special Warranty Deed.

Both buyers have common ownership and management, as with Ryko and Pacific Indio. Companies often try to limit liability by setting up different companies for different projects. That way, if one part of the empire encounters trouble, it won’t bring down other parts.

In this case, the names of two men keep showing up: Ryan Burkhardt and James R. Feagin. Among the many companies under their control:

Scarborough Lane Development appears to be at the top of the food chain and headquarters in Addison, TX, a north Dallas suburb. All the other companies list the same address. So even though company names change, the same people control everything.

Scarborough Lane Development’s website says its “always committed to protecting the environment.” And it brags that it is “capable of handling the most challenging development projects.” We shall see.

Land Virtually Covered by Floodplains, Floodways

This project will test their talent as this map in Ryko’s drainage analysis shows. Only the small, dark gray areas in the red outline are above the 500-year floodplain.

Ryko drainage impact study illustration showing outline and floodplains.
Ryko’s drainage impact analysis showed this map of floodplains, floodways and streams on their property (outlined in red).

But keep in mind, that the floodplains will soon expand when FEMA releases new maps based on data acquired after Hurricane Harvey. The floodplain mapping above is from 2014. It predates the Memorial Day Flood, Tax Day Flood, Harvey, and the May 2024 flood.

On Houston Planning Commission Agenda for 10/16/25

San Jacinto Preserve’s (SJP) general plan is on the Houston Planning Commission’s consent agenda for Thursday, 10/16/25. See below. Their engineers chose to render the floodplains in barely distinguishable shades of gray this time.

Lisa Clark, who Chairs the Houston Planning Commission, also represents the San Jacinto Preserve.

Both Harris County Precinct 3 and City of Houston District E have requested the planning commission to postpone consideration until they have had the opportunity to meet with the developer and learn more about the plans.

Here is the General Plan that SJP submitted to the Planning Commission.

For a full-size, high-resolution PDF, click here.

This is a pretty high-level plan. It shows planned major thoroughfares, easements, pipelines, property boundaries, drill sites, and floodplains/floodways. But it’s not yet a plat that shows the street layouts of neighborhoods or homesites.

However, it does still show a Townsen Blvd. extension bridging across Spring Creek into Humble. That piqued my interest.

I called Mr. Burkhardt in Addison for clarification, but he did not return my phone call to confirm exactly what their plans are. So we shall have to wait and see. They will have challenges, no doubt.

MoCo Residents Successfully Protest Connectivity Plan

Yesterday, Benders Landing Estates (BLE) Property Owners Association (immediately north of the SJP property had a proposal on the Montgomery County Commissioners Court Agenda. SJP wanted to connect their new neighborhoods through a quiet, residential street (Shady Hills Landing Lane) in BLE.

They felt the street was not suited to handling the volume of traffic that a 5000+ acre development would generate. And their plan to block SJP access through the street succeeded.

Commissioners voted to abandon a one-foot-wide portion of Shady Hills Landing Lane in Benders Landing Estates Section 7. The land will vest to adjoining property owners, who can then effectively block SJP residents from exiting any new subdivisions through their property.

Commissioners Court unanimously approved the measure. It was a minor victory and likely will not affect the long-term war. But it showed the will of the community.

Profits Over People?

The San Jacinto Preserve development comes with inherent flood risks. At this point, we need to wait and see what they propose. At a minimum, it will likely include:

  • A new drainage-impact analysis
  • New plats that show the exact location of homes and their density relative to floodplains
  • Street layouts
  • The amount of impervious cover added
  • How much forest is lost
  • Flood-mitigation plans
  • A no-adverse-impact statement from Texas-certified engineers.
  • Environmental/wetlands studies including impacts on water quality in Lake Houston
Wetlands in SJP floodplain

One seasoned hydrologist held out little hope for the safe development of this property. She told me that developing it would be like aiming a firehose at Kingwood. She also suggested that the developer was putting “profits over people” and that the people of Humble and Kingwood should oppose it for their own safety. Check back often as news develops.

Posted by Bob Rehak on 10/15/25

2969 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.

Meritage Finishes Clearing 40 Acres between Pinehurst and Kings River

Meritage has finished clearing all of its 40 acres between Pinehurst and Kings River. The property is just east of West Lake Houston Parkway and borders Kings Park Way, Texas Laurel Trail, and Pinehurst Trail Drive. The company plans to build 210 homes on the site in two phases.

Status of Phases 1 and 2

Meritage finished clearing the first 20 acres for Phase One west of Pinehurst Trail Drive in March this year. The company has already installed a large stormwater detention basin that occupies about a quarter of the site. But no homes have been built on the site yet.

Phase One in foreground looking east toward Lake Houston. Note large detention basin on right which already has grass growing around it to protect the slopes from erosion.

For the 20 acres east of Pinehurst Trail Drive, Meritage appears to be finished cutting trees. But they have yet to haul them all away. And Meritage has not yet done any drainage work for the second 20 acres. See below.

Looking east over Pinehurst Trail Drive. Contractors have cleared Phase 2, but trees have not all been hauled away yet.

However, no streets or homes have been constructed on either phase yet. Meritage’s website shows they build homes similar in size, look and price points to those found in surrounding neighborhoods.

So far, Meritage has managed to avoid any drainage fiascos similar to those associated with a nearby Trammell Crow apartment development.

But a drainage analysis by R.G. Miller Engineers for Meritage raised many questions about the sufficiency of the plans. The analysis:

  • Omitted data
  • Contained misstatements
  • Left out related reports
  • Included alarming assumptions.
Looking west toward West Lake Houston Parkway (out of sight at top of frame). Note pond in foreground.

Say Goodbye to the Wetlands

Parts of both phases of this development contained wetlands before Meritage cleared and graded the land.

Meritage Wetlands
From USGS National Wetlands Inventory

The saying in the engineering business is, “Water has a memory.” It tends to go where it has gone before. I’m sure Meritage will do a good job grading and compacting the land. But building over wetlands usually entails environmental, structural and economic risks.

The environmental risks include:

  • Loss of Biodiversity
  • Water-Quality Degradation
  • Increased Flood Risk
  • Carbon Storage Loss
  • Erosion and sedimentation

Structural risks include:

  • Foundation Instability
  • Water Intrusion and Damage from High Water Tables and Mold Growth
  • Drainage Issues such as Water Pooling and Flooding Around Homes.

Homes built over wetlands also often have higher insurance costs due to these issues, which may also cause property value to decline over time.

For More Information

Meritage builds homes in 11 states. Their website also shows they build homes in 34 communities in the Houston area alone. The posts below contain photos of and background materials about the development.

10/27/24 – Concerns About Fill Height in New Atascocita Development

3/11/24 – New Kings River Development Gets a Buzz Cut

2/13/24 – Meritage Begins Clearing 40 Acres for 210 Homes, Many Over Wetlands

2/26/24 – New Kings River Development Drainage Analysis, Plans Raise Questions

Posted by Bob Rehak on 12/23/24

2673 Days since Hurricane Harvey

A Visual Testament to the Wonders of Wetlands

According to the U.S. Environmental Protection Agency, wetlands provide free floodwater storage that helps retain runoff and reduce flooding. Wetlands also reduce erosion and improve water quality. Last, but not least, they also provide habitat for hundreds of species.

One of my hobbies has long been bird photography. Few other cities in America offer the possibilities that Houston does, thanks in large part to the abundant wetlands found here.

For instance, since 2010, 198 species of birds have been spotted in or near the wetlands of Kingwood’s East End Park. Many of those species are rare, threatened, or even endangered.

Many of the shots below were taken there. Friendswood donated the land to the Kingwood Service Association to manage for the benefit of all Kingwood residents. And I am sure that proximity to such beauty has enhanced home values.

Local Color

For those willing to explore, the visual rewards can be priceless. These colorful creatures enrich our community and our lives.

Mating display by Great White Egret in breeding plumage.
Painted Bunting enjoying breakfast
Cattle Egret near Huffman
Roseate Spoonbills defending nest from marauder.
Ruby-Throated Hummingbird near Creekwood Nature Center and Kingwood Town Center
Cedar Waxwing
Male Mallard in Huffman on Lake Houston
Great White Egrets watch hatchling as it emerges from egg
Roseate Spoonbills get their pink coloration from the foods they eat. They are one of six spoonbill species in the world and the only one found in North America.
Male Scarlet Tanager in breeding plumage.

As we head into the peak of the Spring nesting season, I offer these shots as a visual testament to the wonders of wetlands. And with grateful thanks to all our predecessors who saw the beauty in conservation and preservation.

Posted by Bob Rehak on 3/27/24

2402 Days since Hurricane Harvey

Bayou Land Conservancy Protects Another 966 Acres in Lake Creek Watershed

Bayou Land Conservancy (BLC) has announced a conservation easement on 966 acres of critical Lake Creek property in Montgomery County. The property is just northeast of Magnolia on Tranquility Ranch, which is owned by Nathan and Lindy Ingram. BLC started working with the Ingrams in 2015.

The conservation easement is across Lake Creek from the 7,000-acre Cook’s Branch preserve owned by the Cynthia & George Mitchell Foundation. The proximity of the two large properties will benefit wildlife by maintaining the “carrying capacity” of the land.

Lake Creek flows diagonally through this satellite image from Google Earth. Note how new developments are gobbling up the natural (green) area in the middle where the conservation easement is.

The 966 acres permanently preserved at Tranquility Ranch help meet BLC’s long-term conservation goals and contribute to the environmental health of the region.

The preserve will function as a wetland and stream mitigation bank, known as the West Montgomery Mitigation Bank. It has credits available to developers seeking to offset impacts in this rapidly growing area.

Wild area along Lake Creek where it flows through Tranquility Ranch.

Featuring a mix of hardwood and pine forest, Tranquility Ranch consists of over 400 acres of existing wetland habitat, 20 acres of streams & ponds, and 13,000 linear feet (2.5 miles) of stream frontage on Lake Creek.

In addition to high quality existing habitat, over 90 acres of wetlands and 300 acres of flooded forests will be improved and restored on the land.

Bottomland hardwoods provide habitat for wildlife.

The 966-acre preserve is part of a larger 1200-acre property that hosts a special event venue called The Wyldes at Tranquility Ranch. It hosts retreats, weddings, and other events.

Benefits to People and Wildlife

Jill Boullion, Executive Director of Bayou Land Conservancy, said, “This conservation agreement makes a significant stride towards BLC’s conservation goals to preserve land in the Lake Houston watershed.”

“We’re grateful to landowner Nathan Ingram and his care and protection of this special place,” said Boullion.

“This land will provide positive impacts in the region for generations to come.”

Jill Boullion, Exec. Director, BLC

Preservation of Tranquility Ranch will provide many community benefits. They include flood control, water-quality improvements for drinking water and recreation, and wildlife habitat. The preserve also is an important nesting, wintering, and migratory stop-over site for many bird species, including owls, raptors, and songbirds.

Importance of Lake Creek Preservation to Downstream Flood Protection

Leaving natural areas natural won’t reduce flooding per se. But it will keep flooding from getting worse.

It will also reduce flood damage by ensuring generous setbacks from areas that flood.

Wetlands are nature’s sponges. They retain runoff that might otherwise quickly add to flood peaks downstream. They also clean water.

Bayou City Waterkeeper ranks the wetlands along Lake Creek as one of the five most critical wetland areas in the Houston Region.

For those who may not know where Lake Creek is, it enters the San Jacinto West Fork just south of Conroe, about 9 miles south of the Lake Conroe Dam. See the big green area in the upper left.

watershed map of the San Jacinto
Watershed map courtesy of San Jacinto Regional Water Authority.

From this map, we can see that rainfall from seven watersheds flows under the US59 bridge. Comparing peak flow data from them during the January 2024 flood, we can see that Lake Creek had the highest discharge rate. See below. USGS graphs are arranged in order from highest to lowest, except for the last, which reflects rain falling in all seven watersheds.

Lake Creek peaked at 20,800 cubic feet per second (CFS)
Lake Conroe peaked at 19,100 CFS.
Spring Creek peaked at 9,810 CFS.
Cypress Creek peaked at 6,580 CFS.
Willow Creek peaked at 842 CFS.
Little Cypress peaked at 780 CFS.

All of the streams above flow under the US59 bridge.

USGS registered a peak of 40,400 cubic feet per second at the 59 Bridge.

Note: the first six peaks do not total up to the last because streams peaked at different times.

Of course, these numbers partially reflect uneven rainfall distribution during the January event. And rainfall totals in the Lake Creek watershed were among the highest in the area.

The discharge rates above also reflect watershed size. According to Table 2 in the San Jacinto Regional Watershed Master Drainage Plan:

  • Spring Creek drains 392 sq. mi.
  • Lake Creek drains 330 sq. mi.
  • Cypress Creek drains 266 square miles (sq. mi.)
  • Little Cypress drains 52 sq. mi.
  • Willow drains 52 sq. mi.

Looking solely at watershed size shows that even if the rainfall distribution had been uniform, Lake Creek would have contributed a major percentage of the overall flow.

And that – in a sentence – is why Lake Houston Area residents should care about conservation along Lake Creek, especially considering that the watershed is developing so quickly!

Conservation Easement Will Protect Land in Perpetuity

BLC conducted an extensive audit of natural resources including wetlands and wildlife on the Ingram property before the conservation agreement was put in place. No matter who the owner is, the easement will run with the land and protect the land in perpetuity. The audit will provide a baseline for future comparison.

Ingram reportedly had offers to buy the land from sand miners and developers but chose to conserve it instead. Said Boullion, “I commend him because obviously it’s not cheap to own and hold that much land in a natural state. So, he looked for a way to monetize his property while conserving the land and benefiting the community. He is one of the most conservation-minded people I know.”

The conservation easement held by BLC will let Ingram sell wetland-mitigation credits through the West Montgomery Mitigation Bank. He will sell them to developers who have no other choice but to disturb wetlands while developing the rest of their property.

For more about how the wetland credits work in Texas, see this page from Texas A&M.

The Army Corps controls and permits the process. But non-profit groups, such as the Bayou Land Conservancy, play a major role in it.

About Bayou Land Conservancy

BLC is one of the leading conservation groups in the Houston region. It preserves land along streams for flood control, clean water, and wildlife. BLC is a nationally accredited, community-sponsored land preservation organization working to permanently protect land, with a focus on the streams that feed Lake Houston, an important source of drinking water for millions of people.

Posted by Bob Rehak on 2/25/24

2361 Days since Hurricane Harvey

Meritage Begins Clearing 40 Acres for 210 Homes, Many Over Wetlands

Meritage Homes of Texas LLC, a company based in Scottsdale, Arizona, has begun clearing 40.2 acres between Kings River and Pinehurst of Atascocita. The company will reportedly build 210 homes there – 5.2 per acre. Although the new development is far above floodplains, wetlands cover a large part of the first phase.

Two Phases of Development

Meritage told homeowners in the area that it plans to develop the land in two phases, with the second still several years away.

The two parcels bracket Pinehurst Trail Drive. The first stretches along Kings Park Way almost to West Lake Houston Parkway (WLHP) on the west. The second stretches to the Atascocita Golf Club on the east. (See satellite image below.)

Locations of Phases I and II.

Land Not in Floodplain, But Contains Wetlands

According to FEMA, the land sits outside known floodplains. That’s good news.

Phases I and II circled in red. From FEMA’s National Flood Hazard Layer Viewer. Cross-hatched area = floodway. Aqua = 100-year floodplain. Tan = 500-year floodplain.

However, according to USGS, portions of the property contain wetlands. That’s not good news. Homes developed over wetlands often experience a variety of problems, such as shifting foundations, doors that stick, and cracked pavement.

From the National Wetlands Inventory.

The presence of wetlands (and a gas pipeline) may indicate why this property was not developed until now.

The definition of “jurisdictional wetlands” has flip-flopped in recent years as one administration after another has tweaked the definition of “waters of the U.S.” (WOTUS). Currently, we’re dealing with Biden’s changes to Trump’s changes to Obama’s changes. It’s not simple.

The definition stretches more than 100 pages and determines what the Army Corps protects.

It’s not clear at this time whether the Army Corps has ruled whether these particular wetlands fall under their jurisdiction.

Western Parcel Being Cleared First

Photographs taken on Feb. 13, 2024, show that contractors have already cleared a significant portion of the first phase, which is on the west. See images below.

Looking ENE toward Lake Houston. This shot shows the first part of clearing adjacent to Texas Laurel Trail and Pinehurst Trail Drive. Wetlands cut through this area.
Reverse angle shows full extent of clearing as of Tuesday morning, 2/13/24. Looking W toward CVS (out of sight in background) along WLHP.

Note the small channel that appears to be draining the wetland area. According to the schematic diagram below, homes, driveways and roads will eventually cover this channel and the area it drains.

Layout of Homes and Detention Basins

Plans indicate the area will have 124 30×80 foot lots and 86 40×80 lots. That’s fairly high density. And it will have a high percentage of impervious cover that generates a lot of runoff quickly. Luckily, the development will have four stormwater detention basins, according to the diagram below posted on Facebook.

Harris County regulations specify a minimum requirement of .65 acre-feet of stormwater detention per acre for developments of this size. It’s not clear at this time whether the development will exceed the minimum requirement.

Tree Buffer

A resident indicated that a deed to the property requires Meritage to maintain a buffer of at least 25-30 feet of wooded land along the property boundary. That should help retain/restrain runoff, too. See photo below.

So far, contractors seem to be leaving the required setback.

Construction Plans and Drainage Analysis to Follow

According to residents, Meritage just closed on the property in January. Given the recent sale, I do not yet have full construction plans or a drainage impact analysis. However, I have submitted a FOIA Request to Harris County Engineering and will provide them when I get them.

When I photographed the clearing activity this morning, it had silt fence around most of the perimeter (an improvement from last Sunday).

The silt fence is also an improvement over a neighboring development on WLHP by Trammell Crow.

Neighboring Development Still in Quagmire.

Harris County Engineering and Constables shut down construction at the Trammell Crow site after it flooded Kings Park Way, WLHP, and neighboring properties during heavy rains in late January.

This morning, I noticed that contractors are back at work behind tall privacy fences. However, they still lack silt fences along large parts of their property. Moreover, trenches that they dug to drain the property to a sediment pond had been blocked off to accommodate construction equipment. See below.

Trammell Crow contractors were busy this morning piling dirt over the knee-deep muck on their site from heavy rains two weeks ago.

Stormwater is the enemy of construction. That’s why most contractors implement measures to control it upfront in a project, not after the fact. Let’s pray that Meritage’s contractors protect their neighbors better.

Posted by Bob Rehak on 2/13/24

2359 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.

Guess Where the Wetlands Were?

Guess where the wetlands were? Today, I flew over Northpark Drive and Sorters-McClellan Road near the San Jacinto West Fork. I photographed a new development called Northpark South. Much of this land is in the floodplain. And much was also classified as wetlands for sixty years.

Can you guess which portion?

Photo of Northpark South on 1/10/24. Clearing essentially complete.

Here’s what the area looked like before clearing. Note any similarities? Like that curve in between the empty area and the tree line near the road?

Satellite photo from same area before clearing. Wetlands are large empty area.

That open area directly coincides with the soupy area in the first image.

And to think, less than a half inch of rain two days ago (January 8) produced all the muck you see in the first photo. Since then, we’ve had sunny skies, low humidity, and high, desiccating winds. They dried out the rest of the site. But not the wetlands.

Contractors at Northpark South have been trying to cover up the wetlands for six weeks with little luck. Here’s a closer shot from the reverse angle.

Photo from 1/10/24 after less than a half inch of rain.

Construction plans show that homes will be built over the wetlands.

Wetlands Documented Since Early 1960s

USGS has documented wetlands on this property since at least 1961, as you can see in this topographic map viewer.

However the developer apparently has not received a wetland development permit from the Army Corps. The developer’s drainage impact analysis does even not mention the word “wetland.”

Problems When Building Over Wetlands

I’ve previously posted about the problems of building over wetlands. These pictures make another potent reminder. Problems include shifting slabs; windows, cabinets and doors that stick; cracked driveways; mold; erosion; clogged storm drains; downstream flooding and more.

Before Thanksgiving, I consulted a wetlands expert about this property. The expert said, “I would NOT feel safe living on top of a former wetland this close to the river. NO WAY! The land has a memory, deep in its soils, and I would expect future issues.”

I can see the cracks in wallboard already. No wonder the developer (Century Land Holdings of Texas LLC) urges people to buy homes over the internet, sight unseen! Buyer beware.

Posted by Bob Rehak on 1/10/2024

1325 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.