CHAPTER 154: FLOOD HAZARD PREVENTION

Section
General Provisions
154.01 Definitions
154.02 Interpretation
154.03 Statutory authority
154.04 Abrogation and greater restrictions
154.05 Liability disclaimer
154.06 Findings of fact
154.07 Purpose
154.08 Methods of reducing flood losses
154.09 Compliance required
154.10 Application
154.11 Special flood hazard areas; basis

Special Flood Hazard Areas; Requirements
154.25 General standards
154.26 Specific construction standards
154.27 Subdivision proposals
154.28 Areas of shallow flooding; standards

Administration
154.40 Administrator designated
154.41 Administrator duties
154.42 Development permit required
154.43 Development permit procedures
154.44 Variance procedures
Statutory reference:
Contracts for flood control, see Tex. Loc. Gov’t Code, § 411.003
Contracts for flood control, see Tex. Ag. Code, § 201.152
Flood Control and Insurance Act, see Tex. Rev. Civ. Stat., Art. 8280-13
Flood Control and Insurance Act, see Tex. Water Code, §§ 16.311 et seq.
General powers of City Council, see Tex. Rev. Civ. Stat., Art. 1011 35 et seq.
Tax increment financing for flood and drainage facilities, see Tex. Tax Code, Chapter 311

GENERAL PROVISIONS

§ 154.01 DEFINITIONS.
(A) Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application.

(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPEAL. A request for a review of the City Building Official’s interpretation of any provision of this chapter or a request for a variance.

AREA OF SHALLOW FLOODING. A designated AO zone on a community’s flood insurance rate map (FIRM) with base flood depths from one to three feet. This condition occurs where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.

EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or
contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a
minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the
construction of streets) is completed before February 14, 1978.

EXPANSION TO AN EXISTING MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets).

FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; or

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD BOUNDARY MAP or FHBM. An official map of a community, issued by the Federal Insurance Administration, where the areas within the boundaries of special flood hazards have
been designated as zone A.

FLOOD INSURANCE RATE MAP or FIRM. An official map of a community on which the
Federal Insurance Administration has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.

FLOOD INSURANCE STUDY. The official report provided by the Federal Insurance Administration. The report contains flood profiles, the water surface elevation of the base flood, as well as the flood hazard boundary-floodway map.

FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot.

HABITABLE FLOOR. Any floor usable for living purposes, which include working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used for storage purposes only is not a
HABITABLE FLOOR.

MEAN SEA LEVEL. The average height of the sea for all stages of the tide.

MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.

NEW MOBILE HOME PARK OR MOBILE HOME SUBDIVISION. A parcel (or contiguous
parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of
facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the
installation of utilities, either final site grading or the pouring of concrete pads, and the construction of
streets) is completed on or after February 14, 1978.

START OF CONSTRUCTION. The first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the START OF CONSTRUCTION includes the first permanent framing or assembly of the structure or any part thereof on it spilling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, START OF CONSTRUCTION means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, START OF CONSTRUCTION is the date on which the construction of facilities of servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.

STRUCTURE. A walled and roofed building that is principally above ground, as well as a mobile home.

SUBSTANTIAL IMPROVEMENT.
(a) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% percent of the market value of the structure, either:

1. Before the improvement or repair is started; or

2. If the structure has been damaged and is being restored, before the damage occurred.

(b) For the purposes of this definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

(c) The term does not, however, include either:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

2. Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

VARIANCE. A grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or
development in a manner otherwise prohibited by this chapter.
(Prior Code, § 7-1) (Ord. passed 2-14-1978)

§ 154.02 INTERPRETATION.
In the interpretation and application of this chapter, all provisions shall be:

(A) Considered as minimum requirements;

(B) Liberally construed in favor of the city; and

(C) Deemed neither to limit nor repeal any other powers granted under state statutes.
(Prior Code, § 7-2) (Ord. passed 2-14-1978)

§ 154.03 STATUTORY AUTHORITY.
This chapter is adopted pursuant to provisions in the Tex. Rev. Civ. Stat. which delegate the responsibility to local governmental units to adopt regulations designed to minimize flood losses.
(Prior Code, § 7-3) (Ord. passed 2-14-1978)

§ 154.04 ABROGATION AND GREATER RESTRICTIONS.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another ordinance conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
(Prior Code, § 7-4) (Ord. passed 2-14-1978)

§ 154.05 LIABILITY DISCLAIMER.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This chapter does not imply land outside the areas of special flood hazards or uses permitted within those areas will be free from flooding or flood damages. This chapter shall not create liability on the part of McLennan, Texas, or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Prior Code, § 7-5) (Ord. passed 2-14-1978)

§ 154.06 FINDINGS OF FACT.
(A) The flood hazard areas of McLennan, Texas, are subject to periodic inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental services,
and extraordinary public expenditures for flood protection and relief, all of which adversely affect the
public health, safety, and general welfare.

(B) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.
(Prior Code, § 7-6) (Ord. passed 2-14-1978)

§ 154.07 PURPOSE.
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(A) Protect human life and health;

(B) Minimize expenditure of public money for costly flood control projects;

(C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(D) Minimize prolonged business interruptions;

(E) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, and streets and bridges located in floodplains;

(F) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in a manner as to minimize future flood blight areas; and

(G) Insure that potential buyers are notified that property is in a flood area.
(Prior Code, § 7-7) (Ord. passed 2-14-1978)

§ 154.08 METHODS OF REDUCING FLOOD LOSSES.
In order to accomplish its purposes, this chapter uses the following methods:

(A) Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or cause
excessive increases in flood heights or velocities;

(B) Require that uses vulnerable to floods, including facilities which serve those uses, be protected against flood damage at the time of initial construction;

(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

(D) Control filling, grading, dredging, and other development which may increase flood damage; and

(E) Prevent or regulate the construction of flood barriers which will increase flood hazards to other lands.
(Prior Code, § 7-8) (Ord. passed 2-14-1978)

§ 154.09 COMPLIANCE REQUIRED.
No structure or land shall be located, altered, or have its use changed without full compliance with the
terms of this chapter and other applicable regulations.
(Prior Code, § 7-9) (Ord. passed 2-14-1978) Penalty, see § 10.99

§ 154.10 APPLICATION.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of McLennan, Texas.
(Prior Code, § 7-12) (Ord. passed 2-14-1978)

§ 154.11 SPECIAL FLOOD HAZARD AREAS; BASIS.
The areas of special flood hazard identified by the Federal Insurance Administration on its flood hazard boundary map (FHBM), Community No. 480459A, dated February 20, 1976, prepared by the Federal Insurance Administration for the city, and any revisions thereto, are hereby adopted by reference and declared to be a part of this section.
(Prior Code, § 7-13) (Ord. passed 2-14-1978)

SPECIAL FLOOD HAZARD AREAS; REQUIREMENTS

§ 154.25 GENERAL STANDARDS.
In all areas of special flood hazards the following provisions are required.

(A) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

(B) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(C) All new construction or substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(D) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(E) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters.

(F) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(Prior Code, § 7-31)

§ 154.26 SPECIFIC CONSTRUCTION STANDARDS.
In all areas of special flood hazards where base flood elevation data have been provided as set forth in §§ 154.41(G), 154.11, or 154.27(C) of this code, the following provisions are required.

(A) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the City Building Official that the standard of this division, as proposed in § 154.43(A)(1) of this code, is satisfied.

(B) Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or
architect shall submit a certification to the City Building Official that the standards of this division, as
proposed in § 154.43(A)(3) of this code, are satisfied.

(C) Mobile homes.

(1) No mobile home shall be placed in an existing mobile home park or existing mobile home subdivision.

(2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement. Specific requirements shall be:

(a) Over-the-top ties at each of the four corners of the mobile home, with two additional ties per side at the intermediate locations, and mobile homes less than 50 feet long requiring one additional tie per side;

(b) Frame ties at each corner of the home with five additional ties per side at intermediate points, and mobile homes less than 50 feet long requiring four additional ties per side;

(c) All components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and

(d) Any additions to the mobile home shall be similarly anchored.
(Prior Code, § 7-32) Penalty, see § 10.99

§ 154.27 SUBDIVISION PROPOSALS.
(A) All subdivision proposals shall be consistent with §§ 154.06 through 154.08 of this code.

(B) All proposals for the development of subdivisions shall meet development permit requirements of §§ 154.42 and 154.43 and the provisions of this subchapter.

(C) Base flood elevation data shall be generated for subdivision proposals and any other proposed
development which is greater than the lesser of 50 lots or five acres, if not otherwise provided pursuant
to §§ 154.41(G) or 154.11 of this code.

(D) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(E) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(Prior Code, § 7-33)

§ 154.28 AREAS OF SHALLOW FLOODING; STANDARDS.
(A) Located within the areas of special flood hazard established in Article 3, Section B are areas designated as shallow flooding.

(B) These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply.

(1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community’s FIRM.

(2) All new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor, including basement, elevated above the crown of the nearest street or above the depth number specified on the FIRM; or

(b) Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

(3) A registered professional engineer or architect shall submit a certification to the City Administrator that the standards of this section, as proposed in Article 4, Section C(1)(a), are satisfied.
(Prior Code, § 7-34)

ADMINISTRATION

§ 154.40 ADMINISTRATOR DESIGNATED.
The City Building Official is hereby appointed to administer and implement the provisions of this chapter.
(Prior Code, § 7-10) (Ord. passed 2-14-1978)

§ 154.41 ADMINISTRATOR DUTIES.
The duties and responsibilities of the City Building Official shall include, but not be limited to, the following:

(A) Maintain and hold open for public inspection all records pertaining to the provisions of this chapter;

(B) Review, and approve or deny all applications for development permits required by § 154.42 of this code;

(C) Review permits for proposed development to assure that all necessary permits have been obtained
from those federal, state, or local governmental agencies from which prior approval is required;

(D) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the City Building Official shall make the necessary interpretation;

(E) Notify adjacent communities and the State Water Commission or other applicable state agencies prior to any alteration or relocation of a watercourse, and submit evidence of that notification to the Federal Insurance Administration;

(F) Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished; and

(G) When base flood elevation data have not been provided in accordance with § 154.11 of this code,
the City Building Official shall obtain, review, and reasonably utilize any base flood elevation data
available from a federal, state, or other source, in order to administer the provisions of §§ 154.25 et seq.
(Prior Code, § 7-11) (Ord. passed 2-14-1978)

§ 154.42 DEVELOPMENT PERMIT REQUIRED.
A development permit shall be required to ensure conformance with the provisions of this chapter. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
(Prior Code, § 7-14) (Ord. passed 2-14-1978) Penalty, see § 10.99

§ 154.43 DEVELOPMENT PERMIT PROCEDURES.
(A) An application for a development permit shall be presented to the City Building Official on forms
furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:

(1) Elevation, in relation to mean sea level, of the lowest floor (including basement) of all proposed structures;

(2) Elevation, in relation to mean sea level, to which any nonresidential structure shall be floodproofed;

(3) A certificate from a registered professional engineer or architect that the nonresidential floodproof structure shall meet the floodproofing criteria of § 154.26(B) of this code; and

(4) A description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.

(B) Approval or denial of a development permit by the City Building Official shall be based on all of the provisions of this chapter and the following relevant factors:

(1) The danger to life and property due to flooding or erosion damage;

(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of that damage on the individual owner;

(3) The danger that materials may be swept onto other lands to the injury of others;

(4) The compatibility of the proposed use with existing and anticipated development;

(5) The safety of access to that property in times of flood for ordinary and emergency vehicles;

(6) The costs of providing governmental services during and after flood conditions, including maintenance and repair of streets and bridges and public utilities and facilities such as sewer, gas, electrical, and water systems;

(7) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

(8) The necessity to the facility of a waterfront location, where applicable;

(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and

(10) The relationship of the proposed use to the comprehensive plan for that area.
(Prior Code, § 7-15) (Ord. passed 2-14-1978)

§ 154.44 VARIANCE PROCEDURES.
(A) Generally. The Zoning Board of Adjustment as established by the city shall hear and render judgment on requests for variances from the requirements of this chapter.

(B) Allegation of error. The Board of Adjustment shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision, or determination made by the City Building Official in the enforcement or administration of this chapter.

(C) Appeal. Any person aggrieved by the decision of the Board of Adjustment may appeal that decision in the courts of competent jurisdiction.

(D) Record. The City Building Official shall maintain a record of all actions involving an appeal and shall report variances to the Federal Insurance Administration upon request.

(E) Historic places. Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this section.

(F) Size of lot. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided relevant factors in § 154.43(B) of this code have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(G) Conditions attached. Upon consideration of the factors noted above and the intent of this chapter,
the Board of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purpose and objectives of this chapter in § 154.07.

(H) When refused. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(I) Prerequisites.

(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

(a) A showing of good and sufficient cause;

(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation no more than one foot below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(Prior Code, § 7-16) (Ord. passed 2-14-1978)