Bill Text: TX HB2136 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: Relating to flood control storage requirements established by the Fort Bend County Drainage District.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Engrossed - Dead) 2017-05-18 - No action taken in committee [HB2136 Detail]
Download: Texas-2017-HB2136-Engrossed.html
| By: Reynolds | H.B. No. 2136 | |
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| relating to flood control storage requirements established by the | ||
| Fort Bend County Drainage District. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 6604, Special District | ||
| Local Laws Code, is amended by adding Section 6604.108 to read as | ||
| follows: | ||
| Sec. 6604.108. COMPENSATORY MITIGATION PROGRAM. (a) In | ||
| achieving the ultimate goal of minimizing the threat of flooding of | ||
| Fort Bend County by implementing flood control measures, the | ||
| district shall establish a compensatory mitigation program for | ||
| stormwater flows for drainage areas that are less than 50 acres. | ||
| (b) The district's compensatory mitigation program must | ||
| allow compensatory mitigation measures to be taken on property that | ||
| is associated with development of a site and may allow compensatory | ||
| mitigation measures to be taken on property that is not associated | ||
| with a site's development if the threat of flooding would be | ||
| minimized at least as much as if the compensatory mitigation | ||
| measures were taken on property associated with the site's | ||
| development. | ||
| (c) Compensatory mitigation measures authorized by the | ||
| compensatory mitigation program may include: | ||
| (1) the use of detention or retention facilities to | ||
| store increases in stormwater flows that are attributable to | ||
| impervious cover from development; and | ||
| (2) any other appropriate measures that are | ||
| demonstrated to minimize the threat of flooding. | ||
| (d) A project to develop compensatory mitigation measures | ||
| approved under the compensatory mitigation program may not be | ||
| inconsistent with any applicable federal or state requirements | ||
| relating to management or control of stormwater. | ||
| (e) An application for approval of a compensatory | ||
| mitigation project: | ||
| (1) must include a demonstration that the threat of | ||
| flooding will be minimized in accordance with the district's | ||
| purposes; | ||
| (2) must be signed, sealed, and dated by an engineer | ||
| licensed by the Texas Board of Professional Engineers under Chapter | ||
| 1001, Occupations Code; | ||
| (3) may use calculations that are in accordance with | ||
| acceptable engineering practices to determine the amount of flood | ||
| control storage necessary based on increased impervious cover | ||
| resulting from development; and | ||
| (4) may include use of a compensatory mitigation bank | ||
| in which credits can be issued to one or more site developers that | ||
| allow a site developer to rely on the compensatory mitigation | ||
| measures to reduce the threat of flooding. | ||
| (f) The district engineer or other designee of the district | ||
| shall approve or deny an application for approval of a compensatory | ||
| mitigation project not later than the 90th day after the date the | ||
| application is submitted, unless the applicant agrees to an | ||
| extension. The decision by the district engineer or other designee | ||
| of the district may be appealed directly to the commissioners court | ||
| by the applicant. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
