Bill Text: TX HB2454 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to flood control storage requirements established by the Fort Bend County Drainage District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-22 - Left pending in committee [HB2454 Detail]
Download: Texas-2015-HB2454-Introduced.html
By: Reynolds | H.B. No. 2454 |
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relat | ||
ing 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. Chapter 303, Acts of the 51st Legislature, | ||
Regular Session, 1949, is amended by adding Section 3A to read as | ||
follows: | ||
Sec 3A: (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 shall | ||
allow measures to be taken on property associated with site | ||
development, and shall allow compensatory measures to be taken on | ||
property not associated with site development if the threat of | ||
flooding would be minimized at least as much as if the compensatory | ||
measures were taken on property associated with the site | ||
development. Compensatory measures 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 if the measures are | ||
demonstrated to minimize the threat of flooding. | ||
(c) A project approved under the Compensatory Mitigation | ||
Program may not be inconsistent with any applicable federal or | ||
state requirements relating to management or control of stormwater. | ||
(d) An application for 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 pursuant to | ||
Occupations Code, Chapter 1001; | ||
(3) may utilize any 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 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 measures to | ||
reduce the threat of flooding. | ||
(e) The District engineer or other designee of the District | ||
must approve or deny an application for a Compensatory Mitigation | ||
project within 90 days of the submittal of the application, 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 Commissioner's court by the applicant. | ||
SECTION 2. This Act takes effect September 1, 2015. |