Enforcement of Floodplain Management Regulations Andrew Isbell Director of Planning and Development Walker County, Texas

Regulatory Authority Enforcement Community Local Orders and Ordinances State Law Code of Federal Regulation Local Orders and Ordinances Community

Code of Federal Regulations Basic Requirements Types of Communities FEMA guidance documents National Flood Insurance Act Insurance Mechanisms Effects of non-compliance on the community

Communities Authority through State Law Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH FEDERAL REQUIREMENTS. All political subdivisions are hereby authorized to take all necessary and reasonable actions that are not less stringent than the requirements and criteria of the National Flood Insurance Program, including but not limited to:

Adoption and Enforcement under the Chapter 16 of the Water Code (5) engaging in floodplain management, adopting and enforcing permanent land use and control measures that are not less stringent than those established under the National Flood Insurance Act, and providing for the imposition of penalties on landowners who violate this subchapter or rules adopted or orders issued under this subchapter; (6) declaring property, when such is the case, to be in violation of local laws, regulations, or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas and notifying the director, or whomever the director designates, of such property;

Texas State Law Sec. 16.322. CIVIL PENALTY. A person who violates this subchapter or a rule adopted or order issued under this subchapter is subject to a civil penalty of not more than $100 for each act of violation and for each day of violation.

Texas State Law Sec. 16.3221. CRIMINAL PENALTY. (a) A person commits an offense if the person violates this subchapter. (b) An offense under this section is a Class C misdemeanor. (c) Each violation of this subchapter and each day of a continuing violation is a separate offense.

Local Ordinance or Order This is where all of the actual provisions relating to violations are held. Violations will generally be of the local order or ordinances provisions for flood protection through the state granted authority. Local orders regulate development in the special flood hazard areas, including the provisions for elevation and construction of new homes, equipment, storage, etc.

Elevation of Structures

Elevation of Equipment

Floodplain Only vs. Jurisdiction wide Orders and Ordinances Two main types of orders or ordinances Floodplain Only permitting is confusing to the jurisdiction and the public and usually results in low levels of enforcement. This makes education and compliance enforcement more difficult.

Local Order and Ordinance Enforcement Provisions

Locating Violations Electrical Connection Records On-site Sewage Permits Building Permits 911 Addressing Visual Drive By Inspections Sooner is better

Educating the Community POA meetings Neighborhood post disaster meetings Notice of Violation / Substantial Damage Letters Signage

Enforcement Investigations Need trained investigators / or certified peace officers. Investigators need to know the administrative process. In our case the investigator is able to write the citation(s) Investigators need to be aware of the property rights and risk/hazards of the site visit.

Investigator Safety on Field Investigations

Issuing Citations and Court Initial Citation Multiple Day Citations (bookend dates) Mailing versus hand delivering Court Cases Unlike some citations the case is not closed until compliance is reached. Removal from the NFIP program

Questions?