Commissioners Court Empowers County Attorney to Pursue Litigation; Approves Wide Array of Short and Long-Term Flood Control Improvements in the Wake of Tropical Storm Imelda
Wednesday, September 25, 2019 – Less than a week after Tropical Depression Imelda overwhelmed Southeast Texas with more record-setting floods, Harris County Commissioners Court moved to crack down on violators of floodplain regulations by allowing the County Attorney to fast-track cases without prior approval.
The floodplain management enforcement measure authorizes the Harris County Attorney’s Office to file lawsuits against individuals and businesses who violate floodplain management regulations (e.g. inadequate elevation, fill in the floodplain, construction without a permit). This will streamline and speed up the process of addressing a growing number of enforcement cases, and work to deter violators from engaging in actions that put communities at risk.
“If we’re serious about breaking the cycle of flooding and recovery, we must be able to use every tool we have at our disposal – including enforcement,” said Harris County Judge Lina Hidalgo. “When communities flood, taxpayers are often on the hook to help rebuild. Today’s action signals that Harris County will no longer look the other way when it comes to protecting our communities from flooding.”
Violations, which can range from structures built below elevation requirements to the illegal filling of the floodplain, are first addressed by the County Engineer’s Office with an official notice that oftentimes leads to a resolution. But in some cases, legal action is required to ensure compliance. Tuesday’s vote authorizes the CAO to pursue such cases without first seeking Commissioner’s Court approval, a step that can add two to three weeks to the process. It also permits the expenditure of up to $35,000 in legal expenses and discovery costs.
“People may not realize that something as small as fill material on a property can lead to flooding,” Judge Hidalgo said. “But it’s the cumulative effect of dozens, if not hundreds, of small things that can cause a person’s home or business to take on water during a rain event.”
In other action Tuesday, Court voted to advance construction of the first quarter of Flood Bond projects approved by voters. Eighteen projects, located in all four precincts in Harris County, include:
. Stormwater detention basins in Addicks Reservoir, Cedar Bayou and Cypress Creek watersheds.
. Bridge replacement for Greenhouse Road at South Mayde Creek in the Addicks Reservoir Watershed.
. Channel conveyance and design improvements in Brays Bayou, Sims Bayou, and Cedar Bayou watersheds.
. Stormwater detention basin in Halls Bayou and White Oak Bayou watersheds.
Commissioners also approved a series of measures designed to address past flooding and mitigate future disasters. The County Engineer’s Office, working with Community Services and Flood Control, will seek qualified firms to evaluate evacuation routes, early warning systems, flood sensor technology, and needed mitigation efforts for major roads, bridges, ferries and tunnels. Floodwater retention in land-use planning and the effect of drainage improvements will also be closely analyzed.
As residents recover from the fifth wettest tropical cyclone on record in the continental United States, Judge Hidalgo encourages those in need to visit ReadyHarris.org or dial 211 to connect with available recovery resources. Residents wishing to donate support to survivors can also donate to the Imelda Assistance Fund via the donate link on ReadyHarris.org.