Flood Plain Management

Regulations of Harris County, Texas for Flood Plain Management




Harris County Engineering Department
Permit Division
9900 Northwest Freeway, Suite 103
Houston, Texas 77092-8615
(713) 956-3000



Table of Contents

PART 1 -- PRELIMINARY PROVISIONS

SECTION 1.01     Authority
SECTION 1.02     Area Covered by regulations
SECTION 1.03     Purpose
SECTION 1.04     Construction of regulations
SECTION 1.05     Abrogation and Greater Restrictions
SECTION 1.06     Warning and Disclaimer of Liability
SECTION 1.07     Findings of Fact
SECTION 1.08     Basis of Regulation


PART 2 -- USE OF TERMS

SECTION 2.01     Administer
SECTION 2.02     Base Flood
SECTION 2.03     Base Flood Elevation
SECTION 2.04     Breakaway Wall
SECTION 2.05     Certificate of Compliance
SECTION 2.06     Certificate of Non-Compliance
SECTION 2.07     Coastal Areas
SECTION 2.08     County Engineer
SECTION 2.09     Development
SECTION 2.10     Elevation
SECTION 2.11     Elevation Certificate
SECTION 2.12     Existing Manufatured Home Park or Subdivision
SECTION 2.13     Expansion
SECTION 2.14     Filling
SECTION 2.15     Flood Insurance Map
SECTION 2.16     Floodproofing
SECTION 2.17     Floodway
SECTION 2.18     Habitable Floor
SECTION 2.19     Manufactured Home
SECTION 2.20     Manufactured Home Park or Subdivision
SECTION 2.21     Mean Sea Level
SECTION 2.22     Permits
SECTION 2.23     Person
SECTION 2.24     Start of Development
SECTION 2.25     Structure
SECTION 2.26     Subdivision
SECTION 2.27     Substantial Improvement and Substantial Damage
SECTION 2.28     Unincorporated Area
SECTION 2.29     Zones



PART 3 -- GENERAL PROVISIONS

SECTION 3.01     Administration by County Engineer
SECTION 3.02     Use of Maps
SECTION 3.03     Maps to be Available
SECTION 3.04     Notification of Adjacent Communities and the State when Altering a Water Course
SECTION 3.05      Change in Maps
SECTION 3.06     Use of New Base Flood Elevations on the Basis of Conditional Letter of Map Revision
SECTION 3.07     Responsibility of Other Officials



PART 4 -- PERMITS

SECTION 4.01     Permit's Required
SECTION 4.02     Application for Permit
SECTION 4.03     Determination of Permit Eligability
SECTION 4.04     Conditions of a Class "I" Permit
SECTION 4.05     Conditions of a Class "II" Permit
SECTION 4.06     Issuance of Permits
SECTION 4.07     Terms of Permits



PART 5 -- PERMITTEE

SECTION 5.01     Responsibility of all permittees
SECTION 5.02     Inspections
SECTION 5.03     Suspension of Permits
SECTION 5.04     Permit Revocations
SECTION 5.05     Permit Revocation Proceedures



PART 6 -- APPEALS AND HEARING PROCEEDURES

SECTION 6.01     Appeals
SECTION 6.02     Hearing before the examiner
SECTION 6.03     Filing of Examiner's Decision
SECTION 6.04     Review of Commissioner's Court
SECTION 6.05     Variances



PART 7 -- ENFORCEMENT

SECTION 7.01     Enforcement
SECTION 7.02     Violation of Conditions of Regulations
SECTION 7.03     Contempt of Commissioner's Court



PART 8 -- FORMS

SECTION 8.01     Forms
SECTION 8.02     Maintenance of Records
SECTION 8.03     Elevations and Flood Proofing Records
SECTION 8.04     Fees



PART 9 -- SEVERABILITY



PART 1 - PRELIMINARY PROVISIONS


SECTION 1.01 - AUTHORITY

These regulations are adopted by the Commissioner's Court of Harris County, Texas, acting in it's capacity as the governing body of Harris County and the Harris County Flood Control District. The authority of Harris County to adopt these Regulationjs and for the contents thereof is derived from the following statutes: Texas Local Government Code Section 240.901 as amended; Texas Transportation Code Sections 251.001 - 251.005 and Sections 254.001 - 254.019, as amended; the Harris County Road Law, as amended; and the Flood Control and Insurance Act, as amended. These Regulations may be amended at any time by a majority of Commissioner's Court as approved by the appropriate federal authorities.


SECTION 1.02 - AREA COVERED BY REGULATIONS

These Regulations apply in all unincorporated areas of Harris County


SECTION 1.03 - PURPOSE

The purpose of these Regulations is to provide land use controls necessary to qualify unincorporated areas of Harris County for flood insurance under requirements of the National Flood Insurance Act of 1968, as amended, to protect human life and health; to avoid increasing flood levels or flood hazards or creating new flood hazards; to minimize public and private losses due to flooding; to reduce the need for rescue and relief efforts associated with flooding; to prevent or minimize damage to public facilities and utilities and to aid the public in determining if a property is in a potential flood area.


SECTION 1.04 - CONSTRUCTION OF REGULATIONS

These regulations are to be construed liberally to accompl;ish their purpose and to assure that Harris County complies with all State and Federal laws.


SECTION 1.05 - ABROGATION AND GREATER RESTRICTIONS

The Regulations of Harris County, Texas for Flood Plain Management heretofore existing are repealed. However, such prior Regulations shall continue to apply to construction pursuant to permits issues prior to the effective date of the Regulations. Except as herein above expressly provided, these Regulations are not intended to repeal, abrogate, or impair any existing laws, regulations, easements, covenants, or deed restrictions. Where these Regulations and other legal requirements conflict or overlap, whichever imposes the more stringent restrictions shall prevail.


SECTION 1.06 - WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by these regulations is considered reasonable for regulatory porposes and is based on scientific and engineering considerations. On occasion greater floods might occur, and flood heights could be increased by manmade or natural causes. These Regulations do not imply that any area or the uses permitted in any area will be free from flooding and flood damage. These Regulations whall not create liability on the part of Harris County or any officer or employee thereof for any flood damages that result from reliance on these Regulations or any administrative decision lawfully made thereunder. The granting of a parmit does not imply that the developement can be insured by Federal Flood Insurance.


SECTION 1.07 - FINDINGS OF FACT

IT is hereby found by the Commissioner's Court of Harris County that severe flooding has occurred in the past within its jurisdiction and is likely to occur in the future, and that damage to property occurs for many reasons including flooding from the tidal waters of the Gulf of Mexico and the entire area within its jurisdiction is a risingwater prone area.


SECTION 1.08 - BASIS FOR REGULATION

Harris County hereby adopts as teh basis for Regulation the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) adopted on November 6,1996, by the Federal Emergency Management Agency (FEMA) and any subsequent amendments or revisions thereto. Harris County hereby adopts as its regulatory floodways the floodways shown on the said FIRM.


PART 2 -- USE OF TERMS



SECTION 2.01 - ADMINISTRATOR

"Administrator" means the Federal Emergency Management Agency Director.


SECTION 2.02 - BASE FLOOD

A "base flood" is a flood having one percent chance of being equaled or exceeded in any one year. This flood is sometimes called a "100-year flood"


SECTION 2.03 - BASE FLOOD ELEVATION

"Base Flood Elevation" means the elevation or level above mean sea level that flood waters shall reach during the base flood.


SECTION 2.04 - BREAKAWAY WALL

"Breakaway wall" means a wall that is not part of the structural support of the building and is intended through it's design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building of supporting foundation system.


SECTION 2.05 - CERTIFICATE OF COMPLIANCE

A certificate issued by the County Engineer indicating a site is in compliance with the Regulations of Harris County, TExas for Flood Plain Management as of a specific date. The certificate may be filed in the Real Property Records as outlined in Section 7.01 of these regulations.


SECTION 2.06 - CERTIFICATE OF NON-COMPLIANCE

A certificate issued by the County Engineer indicating a site is not in compliance with the Regulations of Harris County, Texas for Flood Plain Management as of a specific date. The certificate also advises that legal action may be taken against the property owner and that a request for denial of flood insurance may be processed with the Federal Emergency Management Agency (FEMA). This certificate may be filed in the Real Property Records as outlined in Section 7.01 of these Regulations


SECTION 2.07 - COASTAL AREAS

"Coastal Areas" mean areas which border on bays or estuaries or other waterways subject to tidal action which are subject to possible flooding or increased flood levels because of tidal action, hurricane surge or rising water due to storms, hurricanes or tsunamis. A "coastal area" is not necessarily in a "V" Zone. In cases where thereis a queston as to whether an area is a coastal area the County Engineer shall refer to the Flood Insurance Study.


SECTION 2.08 - COUNTY ENGINEER

"County Engineer" means the holder of the statutory office of County Engineer for Harris County of the employee designated by the County Engineer to perform a task required by these Regulations.


SECTION 2.09 - DEVELOPMENT

"Developement" means 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 or storage of equipment or materials. Fences or fence type walls located within the flood plain aer included within this definition.

"Development" shall not include either (1) routine maintenance and repairs to existing structures; (2) work done by or on behalf of Harris County or the Harris County Flood Control District on the real property, easement, rightofway, or licence, owned by either Harris County or the Harris County Flood Control District; (3) residential accessory buildings or structures not located in A or V Zones with floor areas less that one hundred fifty (150) square feet; and (4) other insignificant activities including the temporary storage of equipment or materials in the "X" Zones.


SECTION 2.10 - ELEVATION

"Elevation" means height above mean sea level. The 1973 National Geodetic Survey releveling of the vertical control system (benchmarks) referenced to 1929 mean sea level datum shall be used except in coastal waters where subsidence has occured. The most recent releveling if the vertical control system by the Harris-Galveston Coastal Subsidence District shall be used in the coastal areas. Any future studies changing the FIRM which is referenced to a later releveling of the vertical control system shall be used whenever a revised FIRM becomes effective.


SECTION 2.11 - ELEVATION CERTIFICATE

FEMA Form 81-31, May 93 or subsequent revisions used to show elevations of real property in relation to base flood elevations.


SECTION 2.12 - EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

"Existing manufactured home park or subdivision" means a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are 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) are completed before the effective date of flood plain management regulations adopted by Harris County on September 16, 1976.


SECTION 2.13 - EXPANSION

"Expansion" means an addition to an existing development. Different types of "expansions" are treated differently by these Regulations.

  1. "Expansions" of a structure" means an addition attached to, but outside of, either the vertical or horizontal confines of the existing structure or below the first floor level of a building elevtyed on posts or piers, but which is not a "substantial improvement" as defined by these Regulations.
  2. "Expansion of a manufactured home park or subdivision" means the making of any additional manufactrured home lots or spaces within an existing manufactured home park or on land adjoining an existing manufactuired home lot.
  3. "Expansion to an existing manufactured home park of subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, and the construction of streets).



SECTION 2.14 - FILLING

"Filling means placing any material above the natural grade to raise the elevation of the ground.


SECTION 2.15 - FLOOD INSURANCE RATE MAP

Flood Insurance Rate Map" or "FIRM" means an official map of a community on which the Federal Emergency Management Agency has deleneated the appropriate areas of flood hazards, the base flood elevations, and the risk premium zones applicable to the County. In these regulations this map shall be called "FIRM". The map is divided into zones which are used for setting rates for flood insurance. Insurance rates, the type of permit, and the requirements of the permit will vary depending on the zone in which the property is located.


SECTION 2.16 - FLOODPROOFING

"Floodproofing" means any structural and non-structural additions, changes, or adjustments to properties and structures which reduces or eliminates flood damages to lands, water and sanitary facilities, other utilities, structures, and contents of buildings.


SECTION 2.17 - FLOODWAY

  1. "Floodway" means the cchannel of a river or other watercourse and the adjacent land areas that must be reserved to carry and discharge the base flood.
  2. "Floodway Encroachment Lines" are the lines marking the limits of the floodways on the Flood Insurance Rate Map (FIRM) for Harris County supplied by the Federal Emergency MAnagement Agency (FEMA).



SECTION 2.18 - HABITABLE FLOOR

A "Habitable Floor" is any kind fo a building or structure usable for sleeping, living, cooking, working, recreation or any combination thereof. Bathrooms and utility rooms are included in this definition, as are storage areas greater than 150 square feet in size.


SECTION 2.19 - MANUFACTURED HOME

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanant chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, and other similar vehecles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.


SECTION 2.20 - MANUFACTURED HOME PARK OR SUBDIVISION

"Manufactured home park or subdivision" means the entire parcel ( or contiguous parcels) of land, including the appurtenant improvements, which has been improved so that it contains two or more manufactured home lots available for the placement thereon of manufactured homes for occupancy whether the sites are sold or rented.


SECTION 2.21 - MEAN SEA LEVEL

"Mean Sea Level" means the average height of the surface of the sea for all states of the tide as was established by the United States Coastal and Geodetic Survey in 1929.


SECTION 2.22 - PERMITS

"Permits" shall mean a permit as required by these Regulations. A class "I" permit is issued for any development that is located on a property where the elevation of the ground is above the base flood elevation. A Class "II" Permit is issued for any development that is located on a property where the ground elevation is below the base flood elevation or subject to flooding as determined by these Regulations.


SECTION 2.23 - PERSON

"Person" includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and Local governments and agencies thereof.


SECTION 2.24 - START OF DEVELOPMENT

"Start of Development" means either the first placement of permanent construction of a structure on a site, such as pouring of a slab or footing, the installation of piles, or the placement of a manufactured home on a foundation. Included within this definition is grading and filling, installation of streets or underground utilities and other such development. A permit is required prior to the start of any development.


SECTION 2.25 - STRUCTURE

"Structure" means a walled and/or roofed building or a gas or liquid storage tank which is principally above ground. A manufactured home on a perminant foundation is a structure. The term includes a building which is in the cource of construction alteration or repair.


SECTION 2.26 - SUBDIVISION

"Subdivision" means a division of any tract of land into two (2) or more parts for the purpose of laying out any subdivision or any tract of land or any addition to the city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parts or other portions intended for public use or the use of the purchasers or owners lfo lits fronting thereon or adjacent thereto. A subdivision includes re-subdivision (replat), but it does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new streets, alleys or easements of access. This definition is based on current state statutes and should the statutes be changed it's new new definition would govern.


SECTION 2.27 - SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE

A "Substantial Improvement" is the repair, reconstruction, or improvement of a structure, where the cost of the said improvement equals or exceeds 50% of the valud eof the structure either before the improvement is started or, if the structure has been damaged andis being restored, before the damage occured. An improvement is started when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. For purposes of determining if an improvement is a substantial improvement, the applicant for a permit must submit data reflecting the value of a structure prior to being damages, improved or modified and the cost of the restoration, improvement or modification. Costs shall include the value of all labor and materials.

For the purpose of determining the value of the structure before being repaired, reconstructed or improved, the Harris County Appraisal District's assessed value for the structure will be used. If the applicant wishes to contest this value an independent certified appraisal may be submitted. Upon review and concurrence by the Harris County Appraisal District, this appraised value for the structure will be used for determining if the improvement is sunstantial.

The County engineer may require the submittal of an independent certified damage assessment in cases where the structure has suffered other than minor damage. In cases where the structure is covered by insurance and the insured losses for damage to the stucture (excluding contents) amount to over 95% of the value of the structure, the structure shall be deemed substantially damaged regardless of any other data submitted.


SECTION 2.28 - UNINCORPORATED AREA

"Unincorporated area" means the area in Harris County, Texas, which is not within an incorporated area of a city, town, village or withing the jurisdiction of the Port of Houston Navigation District.


SECTION 2.29 - ZONES

Zones on the Flood Insurance Rate Map have the following meanings:

Zone A: Areas of the base (100-year) flood where base flood elevations have not been determined.

Zone AE: Areas of the base (100-year) flood where base flood elevations have been determined.

Zone AH: Areas of the base (100-year) flood where depths are between 1.0 feet and 3.0 feet; and base flood elevations are shown.

Zone AO: Areas of the base (100-year) flood where depths are between 1.0 feet and 3.0 feet; and average depths of inundation are determined.

Zone A99: Areas inundated by the base (100-year) flood to be protected by a Federal flood protection system under construction; no base elevations are determined.

Zone V: Areas of coastal flooding with velocity (wave action); base (100-year) flood elevatoins not determined.

Zone VE: Areas of coastal flooding with velocity (wave action); base (100-year) flood elevations determined.

Zone X: (Shaded): Areas of 500 year flood, areas of the base (100-year) flood with average depths of less than 1.0 foot or with drainage areas less than one (1) square mile, and areas protected by levees from 100-year flood.

Zone X: (Unshaded): Areas determined to be outside either the 100 or 500 year flood plains.

For purposes of these Regulations, the term "Any V Zone" includes Zone V and Zone VE and the term "Any A Zone" includes Zone A, AE, AH, AO and A99, but not the floodway within these zones.



PART 3 - GERNERAL PROVISIONS


SECTION 3.01 - ADMINISTRATION BY THE COUNTY ENGINEER

The County Engineer or his designee is responsible for the administration of these Regulations, issuance of permits required by these Regulations and enforcement of these Regulations and maintaining proper records.


SECTION 3.02 - USE OF MAP

The County Engineer shall use the base flood elevations and floodway shown on the FIRM referred to in Section 1.08 of these Regulations to determine which class of permit may be issued. If the ground elevation of a specific piece of land is lower than the base flood elevation, the ground elevation shall serve as the basis for regulation even if the map indicates that the property is in a Zone which does not require regulation. The County Engineer shall forward any descrepancy he finds in the FIRM to the Administrator via the process described in Section 3.05.


SECTION 3.03 - MAPS TO BE AVAILABLE

Copies of the Flood Insurance Map (FIRM) will be maintained in the offices of County Engineer.


SECTION 3.04 - NOTIFICATION OF ADJACENT COMMUNITIES AND THE STATE WHEN ALTERING A WATER COURSE

Prior to any alteration or relocation of a water course, the County Engineer or the Harris County Flood Control district, whichever is altering or allowing said alteration or relocation, shall notify adjacent communities when such alteration or relocation affects base flood elecations wihting the adjacent community. A Copy of such notification shall be submitted to the Texas Natural Resource Conservation Commission and the Federal Emergency Management Agency (FEMA).


SECTION 3.05 - CHANGES IN MAPS

All requests for letters of map amendment (LOMA) and letters of map revision (LOMR) initiated by any person must first be review by the County Engineer. The County Engineer may require the submission fo any data he deems relevant to determining if such approval shall be granted. If the topographic data was prepared using a digital format it is requested that a copy of the data be included in the submittal. The Harris County Flood Control District shall be consulted for its revied and approval of any hydorlogic or hudraulic studies accompanying the said request. The County Engineer shall delay the submittal of the requests to the Federal Emergancy Management Agency until after he is in receipt of the aforementioned approvals from the Harris County Flood Control District. The Commissioners' Court may set a fee to cover the cost of reviewing and processing the said requests.


SECTION 3.06 - USE OF NEW BASE FLOOD ELEVATIONS ON THE BASIS OF CONDITIONAL LETTER OF MAP REVISION

In the administraton of these Regulations the County Engineer may use new base flood elevations that are based on pending channel modifications or other structural projects, such as retention ponds, that would decrease base flood levels only after the following steps are followed:

  1. The flood study is forwarded to the Federal Emergency Management Agency (FEMA) and a conditional letter of Map Revision of the study is obtained from FEMA.
  2. Documentation is presented to the County Engineer indicating the channel modifications will be completed withing two (2) years of issuance of permits.
  3. Prospective buyers will be advised of the traditional aspects of the base flood elevations and prevailing flood insurance rates. The developer and/or builder in his written statement to the prospective buyer will recite the base flood elevations prior to and after the completion of said channel or ther structural modifications. A copy of this statement will accompany the submittal of each building permit application.



SECTION 3.07 - RESPONIBILITY OF OTHER OFFICIALS

Under these regulations the County Engineer is responsible for all administrative decisions, determinations and duties. The County Engineer may seek and secure the assistance of other officials of Harris County and of the Harris County Flood Control District in making his decisions, determinations and in performing his duties but is not required to conform to the recommendations of others, provided however, any devision by the County Engineer may be appealed by the process in Section 6.01 et seq. of these Regulations.



PART 4 - PERMITS

SECTION 4.01 - PERMITS REQUIRED

All development within the unincorporated areas of Harris County without first securing a permit is prohibited.


SECTION 4.01 - APPLICATION FOR PERMIT

The application for a permit will be on a form prescribed by the County Engineer and must be supported by the following:

  1. Two copies of a site plan detailing the dimensions of the property to be developed and showing the postion of the development on the property along with a suffucuent description to locate the property/ The site plan shall be to scale of have sufficient dimensioning to clearly detail the location of the development. The County Engineer may require submittal of a survey map and metes and bounds description of the property to be developed.

  2. One copy of a drawing generally detailing the shape and size of the development proposed.

  3. Proof in the form of drawing approval or other written notification that all requirements of the Harris County Flood Control District and Harris County have been met. (The construction of a single family dwelling and accessory structures on an existing pre-developed tract of land is exempted).

    Included in these Regulations are those requirements contained in that section entitled "Flood Plain Development Guidelines and Proceedures" of the Criterieal Manual for the Design of Flood Control and Drainage Facilities in Harris County, Texas.

  4. On developments where a Class "II" permit is to be issued the following must be submitted:

    1. Three sets of detailed drawings for the proposed development. Drawings must clearly indicate that all provisions of these regulations will be met. On developments other than residential accessory buildings less than 150 square feet or other insignificant developments, drawings must be sealed by a registered professional engineer or registered architect certifying that all provisions of these regulations will be met if the developement if completed on accordance with the sealed drawings.

    2. A topography survey of the property to be developed. The survey must be on one foot contour intervals and base on the same datum as the flood study of the adjacent stream except in coastal areas where it is to be based on the most current available datum published by the Harris County Coastal Subsidence District. On single-family, residential, on lot developments, an elevation certificate will satisfy this requirement. This requirement may be waived for fences or other insignificant types of development.

    3. In case where a determination must be made as to whether the construction is a substantial improvement, the information in Section 2.27 is required.

The County Engineer may require the submission of additional information, drawings. specifications or documents if he is unable to determine whether a permit should be issued from the information submitted.


SECTION 4.03 - DETERMINATION OF PERMIT ELIGABILITY

After the application is filed, the County Engineer shall:
  1. Determine the Zone on the FIRM in which the land on which the development of to be made is located, the base flood elevation where the development is located and whether the development is located within the floodway.
    1. If the County Engineer determines that the development is withing any "X" Zone, or a conditional letter of map amendment (CLOMA) or revision (CLOMR) has been issued which will place the development in an "X" Zone and all other necessary reviews and approvals have been issued, he may issue a Class "I" Permit.
    2. If the development is in, or partially in. any "A" Zone, below the base flood elevation in any Zone, any floodway, or any "V" Zone, the County Engineer shall determine if a Class "II" PErmit should be issued.
  2. Review proposed construction or development to assure that all reviews or approvals required by other County regulations are obtained.


SECTION 4.04 - CONDITIONS OF A CLASS "I" PERMIT

A Class "I" permit will be issued when the County Engineer determines that the development will be made on land that is entirely located eighteen (18) inches above the base flood elevation and that all other necessary reviews and approvals required by County regulations have been obtained.

  1. Location above base flood elevation
    1. In the absense of evidense to the contrary, the County Engineer shall presume that the property shown on any "X" Zone on the FIRM is above the base flood elevation.
    2. In the "Shaded X" Zone it must be determined that the ground level is above the base flood elevation before a Class "I" Permit may be issued. The County Engineer may rely on date in his possession to make such a determination or require the submittal of topographical information by the applicant.
  2. Where a conditional letter of map amandment has been obtained from the Federal Emergency Management Agency for property which has been elevated by the use of fill above the elevation of the base flood, the inspections required in Sections 5.02 (a) (1 & 2) must be made. The lowest floor of any structure shall be at least 18 inches above the base flood elevation.
  3. The permit must be posted on the jobsite and be visible from the street.



SECTION 4.05 - CONDITIONS OF A CLASS "II" PERMIT

A Class "II" Permit will be issued for any development when the proposed development is to be made on land located in any "A" Zone, below the base flood elevation in any Zone, in a floodway, or in a "V" Zone.

  1. Notwithstanding anything below to the contrary, no development or other encroachment is allowed in a floodway which will result in any increase in the base flood elevations whtihin the floodway during discharge of water of a base flood.
  2. The following conditions must be met for new construction or substantial improvement of a structure:
    1. The top of the slab of the lowest habitable floor must be elevated to eighteen (18) or more inches above the base flood elevation of to the level of the crown of the nearest public street, whichever is higher, except in a floodway where the bottom of the lowest supporting member of the structure shall be elevated eighteen (18) or more inches above base flood elevation.

      However, if the land is located in an "AO" Zone and no depth number is shown on the FIRM, the slab or floor (including basement) shall be elevated at least three (3) feet above highest adjacent grade.
    2. All structures will be constructed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy.
    3. Construction shall use methods and practices that wil minimize flood damage and construction materials and utility equipment that are resistant to flood damage. FEMA Bulletin 2093 or subsequent revisions will serve as the guideline for this equipment.
    4. Thermal insulation used below base flood elevation shall be of a type that does not absorb water.
    5. Water heaters, furnaces, air conditioning systems, electrical distribution panels and any other mechanical or electrical equipment must be elevated to at least eighteen (18) inches above base flood elevation. Separate electrical circuits shall serve any level below the base flood elevations and shall be dropped from above.
    6. Basements may be constructed only in nonresidential structures, and only on land which is not in a floodway or "V" Zone, and must, together with attendent utility and sanitary facilities, be designed so that below the base flood elevation the structure is watertight with walls substantially impermiable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamc loads and effectes of buoyancy. An archetect or registered professional engineer shall certify that the flood proofing methods used in the constructiuon of the basement are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. A record of such certification indicating the specific elevation to which such structures are flood proofed shall be maintained with the County Engineer.
    7. All air ducts, loose pipes and storage tanks located at or below the base flood level shall be firmly anchored to prevent floatation. Tanks and ducts shall be vented to at least eighteen (18) inches above the base flood elevation.
    8. If the structure will be built on fill, the land must not be within a floodway or "V" Zone and the application must contain a fill plan, accurate existing ground elevatoins, and a grading plan that provides proper surface drainage. The fill must be inspected according to the provisions of Section 5.01 and 5.02 to determine that the fill has been constructed in accordance with drawings and that the soil density of the fill will support a structure before any construction begins.
  3. The lowest floor of recreational buildings proposed for construction with public funds on publicly owned recreational property may be exempted from the requirements to elevate the lowest floor to the base flood elevation provided floodproofing measures are incorporated, and after applicable requirements of this section are met.
  4. In addition to the requirements of Section 4.05 (f) the following conditions must be met by a manufactured home park or subdivision that seeks a Class "II" permit:
    1. Stands or lots must be elevated on compacted fill or on pilings so that the lowest floor of the manufactured homes will be as least eighteen (18) inches above the base flood elevations;
    2. Adequate surface drainage and access for a hauler must be provided.
    3. IF the homes will be elevated on pilings, lots must be large enough to permit steps. Piling foundations must be placed in stable soil no more than ten feet apart, and reinforcement must be provided for piers more than six feet above the ground level;
    4. Each manufactured home within a park shall be placed on a premanent foundation and anchored to resist flotation, collapse or lateral movement by providing an anchoring system installed in accordance with the Texas Department of Housing and Community Affairs and the Housing and Urban Development (HUD) standards for manufactured housing. Any additions to the manufactured home must be similarly anchored. (This paragraph applies to manufactuerd homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home or subdivision except where the repair, reconstruction, or improvement of hte streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before repair, reconstruction or improvements has commencced).
    5. All utilities and common facilities including gas, electrical systems sewage systems and water supply systems, must be located and elevated or constructed to avoid or minimize flood damage.
    6. The fact that the manufactured home park or subdivision is located below the base flood elevations must be disclosed on a form furnished by the County Engineer and completed by the owner of the manufactuerd home park or subdivision and provided to the manufactured home lot purchaser or lessee. The owner of he manufactuerd home park or subdivision shall forward a copy of each notice to the County Engineer.
    7. The manufactyured home park or subdivision may not be in a floodway or a "V" Zone.

      Note: Manufactured Home Parks or Subdivisions which held permits and were constructed prior to the effective date of these Regulations are governed by the Regulations in effect when their permit was issued except that all manufactured homes placed or substantially improved in said park or subdivision after April 1, 1987 must comply with this section. Any manufactured home park or subdivision that did not hold a permit before the effective date of these Regulations and expansion or substantial improvements of existing and permitted manufactuerd home parks or subdivisions must comply with this section.
  5. The following conditions must be met if the proposed development for which a class "II" Permit is sought includes a water or danitary sewer system:
    1. The proposed system must be designed and constructed to minimize or eliminate infiltrations of flood water into the system and eliminate discharge of untreated waste from the system into the flood waters.
    2. All joints must be watertight.
    3. Onsite sewage disposal systems, if the meet the Revised rules of Harris County for On-Site Sewerage facilities, are allowed.
    4. Individual water wells or wastewater disposal systems must be located to avoid impairment to them or contamination from them during flooding.
  6. The following conditions must be met if the proposed development for which a Class "II" Permit is sought is a subdivision, including a manufactured home park or subdivision.
    1. The subdivison must be planned to provide adequate drainage so as to reduce flood hazards.
    2. If water and sanitary sewer systems are planned, the drawings must be reviewed to determine if they meet the requirements of these regulations.
    3. The drawings for development of the subdivision must be adequate to assure that all public utilities and facilities (including gas, electrical systems, sewage systems and water supply systems) are located and elevated or constucted to avoid or minimize flood damage.
    4. If subdivisoin proposal ioncludes 50 or more lotes or is on an area larger than 5 acres the proosal must include base flood elevations for each lot.
  7. If the project is an expansion of a structure, as the term is defined by these Regulations, located in any "A" Zone but not within a floodway or below the base flood level in any zone"
    1. The expansion must ne constructed of materials resistant to water damage below the base flood elevation and the expansion must be designed to minimize flood damage. FEMA approved flood resistant materials list (TB 2-93).
    2. The expansion shall be inspected to determine that hte drawings and specifications for the constuctions have been followed bfore the roof and the outer wall coverings are in place and again when the expansion is complete. Inspections will be performed in the same manner as the inspection required by Section 5.02 of these Regulations.
  8. If requirements for the development for which a Class "II" Permit is sought are not specifically set out by parts (a) through (g) above, the drawings for the development must be reviews to determine that the development will not increase flood hazards. If additional flood hazards will occur the permit will not be granted.
  9. In addition to the requirements of parts (a) through (g) above, as applicable, the following additional requirements for development in floodways must be met.
    1. The bottom of the lowest horizontal sill, beam or member supporting the structure in the floodwayshal be at least eighteen (18) inches above the base flood elevations.
    2. An engineering report sealed by a Texas registered professional engineer containing as a minimum the following information:
      1. A soils report which includes the results of a soil boring(s) to a depth of five feet below the depth of any proposed piles and the geotechnical engineer's recommendations for the proposed structure signed and sealed by a Texas registered professional engineer; and
      2. A hydraulic analysis of pre- and proposed development conditions showing that no increase in the elevation of the base flood will occur as a result of that development.
    3. Structured shall be elevated on posts or pilings so that the entire structure, exclusive of hte posts or pilings, is eighteen (18) inches above the base flood elevations. Fill may not be used to elevate the structure. The drawings and specifications for said post or pilings shall be prepared by a Texas registers professional engineer qualified in structureal design and he or she shall certify thereon that the posts or pilings hve been designed to preven undermining and structural damage resulting from erosive velocities of the base flood. Minimum pile depth shall be established using historical scour depth, stream velocities, and soil conditions. As a minimum piles shall be embedded ten (10) feet below the historical scour depth. Pile design must take into accoiunt hyreaulic and debris loading imposed by the base flood. If no historical data is available a Texas registered professional engineer shall perform a scour analysis using the "Texas Secondary Evaluation and Analysis for Scour" methodology. After the placement or installation of the posts or pilings or prior to the final inspection or approval of the structure, the permitee shall furnish to the County Engineer a certificate from the said engineer that the posts or pilings have been constructed in the manner set forth in the drawings and specifications attached to the application for a permit. All other requirement must be met, but must not increase the base flood elevation. The following are additional design requirements for constuction within the San Jacinto River floodway. Foundations of structures within the San Jacinto River Floodway have been determined to be prone to scour. The foundation design requirements presented herein assume that potential scour around a foundation system could extend to a depth as great as ten (10 ) feet below natural grade. The foundation system must extend to a depth below the maximum potential scour that is adequate to prevent excessive vertical and horizontal movement of the foundation system due to design axial and lateral loads imposed during maximum flood conditions. These foundation design requirements present minimum foundation design requirements. Foundations must meet or exceed these requirements, regardless fo the type of scour protection provided for the foundation.
      1. Design Loads: The structural system of the building shall be designed, connected and anchored to the foundation system to prevent flotation, collapse and permanent lateral movement resulting from wind loads, impact loads, hydrodynamic loads and hydrostatic loads, including the effects buoyancy from flooding equal to the base flood elevation.
      2. Foundation Type: The foundation system shall consist of a driven pile or a drilled pier foundations system.
        1. Driven Piles: Driven piles may extend above natural grade and act as the columns supporting the elevated portion of the building above the base flood elevation, or the piles may be terminated near natural grade and a reinforced concrete cap shall be cast on top of the pile.
        2. Drilled Piers: Drilled piers shall be terminated below natural grade, and a reinforced concrete cap shall be cast on top if each pier. Columns for the building may consist of cast in-place concrete connected by dowels to the pier cap.
      3. Type and Size of Driven Pile: Driven piles shall consist of either (a) twelve (12) inch (minimum) square prestressed concrete piles, or (b) fourteen (14) inch (minimum) diameter steel pipe piles with a closed end.
        1. Closure Plate: The tip of steel piles shall be closed prior to driveing by welding a circular steel plate over the tip of the pile. The closure plate shall be flush with the outside of hte pile, i.e. the diameter of the closure plate shall not be greater thatn the outside dimensions of the pipe pile. The minimum thickness of the the closure plate shall be 3/8 inch. the weld shall be continuous, and the closure shall be waterproof.
        2. Minimum Wall Thickness: The minimum wall thickness of the pipe pile shall be 1/4 inch.
      4. Type and Size of Driled Pier: Drilled piers shall be eighteen (18) inch diameter (minimum) and straight sided (no belled or underreamed base) and shall be installed using the slurry displacement technique in accordance qith the ACI Standard Specification for the Constuction of Drilled Piers (ACI 336.1-94).
      5. Minimum Pile and Drilled Pier Embedment: The minimum embedment below natural grade for driven piles and drilled piers shall be twenty-five feet if a geotechnical investigation is not performed at the building site. If a site specific geotechnical investigation if performed for the building, the minimum embedment may be reduced to twenty (20) feet if the computed allowable axial capacity of the driven pile or drilled pier (factor of safety or at least 2.0 wiht respect to ultimate axial capcacity) is equal to or grater that the design axial load transmitted to the pile.
      6. Lateral Restraint of Foundations at Groundline: The individual piles or piers shall be brased horizontally with reinforced concrete tie beams connecting the pier/pile caps each way (not diagonally). For piles that extend above natural grade and act as column supports for the structure, a reinforced concrete collar shall be cast around each pile at the groundline, and the collars shall be connected each way with reinforced concrete tie beams. The purpose of the horizontal bracing is to enhance the lateral restraint of the individuals piles or piers when scour around a pile or pier reduces the lateral stiffness of the pile or pier.
      7. Anchorage of Timber Building Columns to Concrete Pier/Pile Cap: The timber column to concrete pile/pier cap connection should develope the full moment capacity of the timber column. The timber column shall be bolted into a steel sleave with a welded steel base plate that is bolted to the concrete pile/pier cap using anchor bolts cast into the cap. The steel sleave shall be oversized with the inside sleave dimension at least 1 1/2 inch greater than the column dimension. The gap between the sleave and column shoud be filled with a high strength non-shrink grout. The bolt(s) connecting the column to the sleave should be designed for uplift forces and shall be 3/4 inch diameter minimum. The sleave assembly and bolts shall be galvanized.
      8. Driven Pile Installation Techniques: Driven piles shall be installed by driing alone. Jetting with water or air to create a pilot hole or to loosen the foundation soils before or during driving to aid drilling will not be permitted. Piles may be driven with a vibrotory hammer, a drop hammer, or a diesel or compressed air-operated pile driving hammer. To aid in stabbing and aligningpiles, pilot holes may be drilled with a dry auger to a maximum depth of ten (10) feet. The pilot hole diameter shall not exceed the pile diameter or width.
      9. Drilled Pier Reinforcement and Concrete: Reinforcement and concrete for drilled piers shall be accordance with ACI Standard Specification for the Constuction of Drilled Piers (ACI 336.1-94).
        1. Minimum Reinforcement: The minimum steel area shall be one (1) percent which is equivilent to six (6) No. 6 reinforcing bars for an eighteen (18) diameter pier.
        2. Concrete: The minimum twenty-eight (28) day compressive strength of the concrete shall be 3000 psi. Teh maximum nominal course aggregare size shall be 3/4 inch and the minimum concrete slump shall be seven (7) inch.
        3. Inspecition and Testing: The Texas registered professional engineer who designed the foundation shall observe the installation of each pier or pile foundation element and shall furnish the Permit Division of the Harris County Engineering Department a certificate that the piers or piles have been constructed per the design plans and specifications submitted with the permit application. Testing shall be in accordance with ACI 336.1-94
      10. The area below the base flood elevation shall not be enclosed. A storage area less than 150 square feel may be allwoed, provided the walls perpendicular to the flood flow are constructed of materials allowing free flow of water and that these walls are no greater than twelve (12) feet wide. All other provisionsof these regulations must be met.
      11. Fences or fence-type walls may be allowed in the floodway provided it can be demonstrated that the flow of base flood will not be impaired and the base flood elevations will not be increased during the discharge of the base flood.
    4. In addition to the requirements of parts (1) through (g) above, as applicable, the following additional requirements for development in "V" Zones must be met:
      1. The bottom of the lowest horizontal structural member of the structure (excluding the pilings or columns) must be elevated to or above a level eighteen (18) inches above the base flood elevation. Fill may not be used.
      2. Structures shall be elevated on posts or pilings so that the entire structure, exclusive of posts or pilings, is eighteen (18) inches above the base flood elevation. Fill may not be used to elevate the structure. The drawings and specifications for said posts or pilings shall be prepared by a Texas registered professional engineer and he or she shall certify thereon that the posts or pilings have been designed to prevent undermining and structural damage resulting from erosion velocities of the base flood. After the placement or installation of hte posts or approval of the stucture, the permittee shall furnish to the County Engineer a certificate from the said structural engineer that the posts or pilings have been constructed in a manner set forth in the drawings and specifications attached to the application for a permit. Piling depth shall bea s outlined in Section 4.05 (i)(3) above.
      3. Development must be located landward of the reach of mean high tides.
      4. Sand dunes or mangrove stands may not be altered.
      5. The space below base flood elevation must be either free of obstruction of constructed with nonsupporting breakaway walls, open wood laticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either design, or when so required by local or State codes) may be permitted only if a qualified registered professional engineer or architect certifys that the designs proposed meet the following conditions:
        1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and,
        2. The elevated portion of the building and supportiung foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simutaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100year mean recurrence interval). Such enclosed space shall not be used for habitable purposes.



SECTION 4.06 - ISSUANCE OF PERMITS

When the County Engineer determines which, if any, permit shal be issued, he shall issue the permit after obtaining the signiture of the permittee or the permittee's agent or attorney on a Certificate of Compliance.


SECTION 4.07 - TERM OF PERMITS

Construction must be started within 180 days of the date the permit is issued or the permit shall be null and void. Upon written request, two six month extensions may be obtained. However, if construction has not started at the time of issuance of a revised or amended FIRM, LOMA, or LOMR, a new permit must be obtained regardless of time span from the issuance of the latest permit.



PART 5 - PERMITEE

SECTION 5.01 - RESPONSIBILITIES OF ALL PERMITTEES

All permit holders, regardless of the type of permit held must:
  1. Remove all soil deposits resulting from runoff and/or from vehicular constuction traffic and or from site operations from the road or drainage facility on a daily or more frequent basis.
  2. Post the permit on the jobsite in a place visible from the nearest road or street.
  3. Allow the County Engineer to inspect the work pursuant to a Permit. The County Engineer may make as many scheduled or unscheduled inspections as he may deem necessary to enforce these Regulations. If no specific inspection standards are set by any part of these Regulations, the inspection shall only be to determine that the drawings and specifications furnished with the permit application are met.
  4. All holders of a Class "II" Permit, or persons holding a Class "I" Permit issued persuant toa conditional letter of map amandment or revision who wish to make a chance to the development, must submit supplemental drawings and/or specifications to the County Engineer for his review. If the changes do not comply with these Regulations the County Engineer shall not approve the change. If the change complies with these Regulations and is approved, a copy of the supplimental drawing and/or specifications shall be added to the permittee's file, and the permit shall be amended by the County Engineer.



SECTION 5.02 - INSPECTIONS

  1. Class "II" Permit holders or persons holding Class "I" permit pursuant to a conditional letter of map amendment or a Class "I" permit issued for a stormwater detention or retention system shall have the following inspections conducted by a registered engineer, registered public land surveyer or registered architect as applicable and the results of said inspections submitted to the County Engineer.
    1. When the slab of a structure with an established minimum elevation is poured or for a structure on posts when the posts are placed and the lowest horizontal supporting member is installed, a completed elevation certificate must be submitted indicating the minimum floor elevation of these Regulations has been met.
    2. When the structire is complte and rady for habitation, an as-built certification form supplied by the County Engineer must be completed, signed and sealed by a registered engineer or a registered architect indicating that all the minimum requirements of these Regulations have been met.
    3. When the development is other than structural in nature, an as-built certification form supplied by the County Engineer must be completed, signed and sealed by a registered engineer or a registerd architect indicating that the project has been completed in accordance with drawings approved by the County Engineer.
  2. Inspections will not be made of the permit is not posted on site.
  3. The permittee will be responsible for determining whether inspections have been made prior to proceeding with work
  4. Once all applicable certifications have been turned into the County Engineer's office, a certificate of compliance will be issued by the County Engineer's or his representative. Should the County Engineer determine that the applicable certifications have not been provided and the provisions of Section 5.02 of these regulations were not followed, then enforce,emt procedures as outlined in Section 7.01 shall commence.
  5. Should the County Engineer have to make additional inspections or conduct survey work due to non-compliance with these Regulations, additional fees may be accessed as outlined in Section 8.04 hereof.



SECTION 5.03 - SUSPENSION OF PERMITS

Permit suspensions are handled in accordance with the following provisions:
  1. A permit is suspended when the County Engineer or his inspector advises the permittee of some responsible person on the job that the permit is suspended and posts a written suspension notice over the Permin at the jobsite.
  2. The following actions by the permittee are grounds for suspension of a permit:
    1. Non-compliance with Section 5.02 of these Regulations
    2. Deviating from drawings and specifications filed with the County Engineer and refusing to make corrections required by the County Engineer
    3. Any grounds for revovation of a permit as outlined in Section 5.04.
  3. When the suspension notice is posted the permittee must suspend all work on the job except that work necessart to abate the suspension. The suspension wil be abated when the corrective work is performed and has passed inspection. The abatement will be evidenced by the removal of the suspension notice by the County Engineer or his inspector, and the notation on the Permit notice by the County Engineer or his inspector that the work has now been reinspected and passed. The suspension notice may not be removed by any person other than the County Engineer or his inspector and removal by any other person will be ineffective.



SECTION 5.04 - PERMIT REVOCATION

Grounds for permit revocation are as follows:
  1. Material deviation from the drawings and specifications on file with the County Engineer, or a pattern of consistant deviation from such drawings and specifications which would demonstrate an intention to avoid conformity with the requirements of the permit.
  2. Refusal to uncover work for a mandatory inspection.
  3. Removal of a building permit suspension notice
  4. Proceeding with work while a building permit is suspended, other than work necessary to abate a suspension.
  5. An act or acts of violence, or threat or theats of violence agaist the County Engineer or his inspector either on or off the job for the purpose of intimidating the County Engineer or his inspector, so that he will not perform his inspection duties.
  6. Falsifying information on the permit application.
  7. Failing to submit all required certifications as outlined in Section 5.02



SECTION 5.05 - PERMIT REVOCATION PROCEEDURES

Permits shall be revoked in the following manner:
  1. The County Engineer must file a complaint stating the reason for permit revocation with the Hearing Examiner
    1. The Examiner will set a hearing as soon as practicable, but within 15 days of receiving the complaint.
    2. The Examiner will deliver the original Complaint, Certificate to Commissioners' Court and Hearing Notice to the Clerk of Commissioners' Court to be filed, give one copy to the County Engineer, and designate on appropriate person as Serving Agent and give two copies to him or her.
    3. The Serving Agent will take two copies of the Complaint and Hearing notice to the site where he will:
      1. Hand one copy of the Complaint and Hearing Notice to the permitee, or
      2. if the permittee is not an individual or cannot be found on the site, the Serving Agent will hand one copy of the Complaint and Hearing Notice to the person on the site that appears to be in charge, or
      3. if no person can be found on the site, the Serving Agent will post the Complaint and Hearing Notice over the Permit and/or Notice of Suspension posted at the job.
      4. Upon posting of the Complaint and Hearing Notice the permit shall be suspended.
    4. The Serving Agent will fill in the return on the remaining copy, noting on it the date, time and manner in which he perfected service, and sign the return and return the remaining copy to the Hearing Examiner.
    5. At the time set for the Hearing, if the copy of the Complaint has been returned to the Hearing Examiner by the serving agent, and reflects that the service has been perfected, the Examiner may proceed with the hearing.
    6. Hearings will be conducted in the manner provided for by Section 6.02 of these regulations before the Hearing Examiner provided by Commissioner's Court and the Examiner may delegate responsibilities of Hearing Examiner to his Assistant.




PART 6 - APPEALS AND HEARING PROCEDURES

SECTION 6.01 - APPEALS

If a permit applicant is denied a permit, or has his permit suspended he may appeal the denial or suspension as provided in this Section. The term "appellant" is used to refer to the appealing party. An appellant must seek his remedy under this procedure before seeking his remedy in court. Application for a permit is deemed to be a waiver of the right to challenge these Regulations before exhausting remedies herein provided.
  1. Appeals are initiated by the making of complaint with or by requesting an exception to the Regulations from the Hearing Examiner in writing.
  2. The Hearing Examiner will set a time for a hearing, which will be scheduled as soon as practical but within 15 days of the receipt of the written complaint or request, and shall prepare a Notice of Public Hearing naming the time and date of the Hearing. Copies shall be distributed as follows:
    1. The original copy and the Certificate to Commissioners' Court will be filed with the Clerk of Commissioners' Court and the Clerk will prepare a file for the Hearing Notice.
    2. The Examiner will set up his own working or hearing file, which he will keep one copy.
    3. The Examiner will give one copy to the appellant.
    4. The Examiner will deliver one copy to the County Engineer. The Hearing will be conducted as provided in Section 6.02, below.
  3. Appeal of a suspension will not abate the suspension pending the decision of the Hearing Examiner.



SECTION 6.02 - HEARING BEFORE THE EXAMINER

At Hearings before the Examiner, the Examiner will hear testimony fo the County Engineer and any witnesses called by the County Engineer. The Examiner will hear the testimony of the appellant and any witnesses called by the appellant. The Examiner will review all documents and exhibits submitted to him by the parties. The Examiner will not be bound by formal rules of evidence and will control the evidence, reserving to himself the power to exclude testimony or exhibits he does not consider relevant. The Hearing Examiner will maintain an accurate record of the evidence addiced at the Hearing.


SECTION 6.03 - FILING OF EXAMINER'S DECISION

The Examiner will prepare a written decision within three working days of the Hearing. A copy of his decision will be filed with the Clerk of Commissioners' Court, the Regional Director of the Federal Energency Management Agency and with the County Engineer. The original will be sent to the appellant's address shown on the permit or permit application. If a variance is granted, the County Engineer shall prepare the appropriate permit with any special requirements that may be required by the conditions of the variance.


SECTION 6.04 - REVIEW BY COMMISSIONERS' COURT

If the County Engineer, or the appellant wishes to appeal the Examiner's decision, a written objection must be filed with the Clerk of Commissioners' Court within ten (10) days of the date the Examiner's decision is filed. The Clerk will notify the Hearing Examiner who will place the matter on the Agenda of Commissioners' Court for review at the next meeting of Commissioners' Court. If the objection is filed by the County Engineer, notice that the matter is on the agenda will be sent to the appellant by mail at the appellant's address shown on the permit or application. Commissioners' Court will review the matter. The Commissioners' Court may either affirm or reverse the decision of the Hearing Examiner. A suspension of a permit upheld by the Hearing Examiner will not be abated pending the review of Commissioners' Court.


SECTION 6.05 - VARIANCES

If any personwishes an exception to any provision of these Regulations, he shall request a variance in the manner prescribed for the filing of an appeal by 6.01 and 6.02 with the Hearing Examiner. The Hearing Examiner shall hold a hearing, and deny or grant the variance. Variances will be granted only if conditions of Section 60.6 of Title 44 of C.F.R are met. Specifically:
  1. The applicant has shown good and sufficient cause.
  2. It has been determined that failure to grant the variance would result in an exceptional hardship for the applicant.
  3. The granting of a variance will not result in an increased flood height, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud or victimization of the public.
  4. Variances shall only be issued upon a determination that a variance is the minimum necessary considering the flood hazard to afford relief.

Economic hardship shall not constiture the sole basis for granting a variance. A hearing before Commissioners' Court regarding variances shall be requested in the manner provided in Section 6.04 of these Regulations. If a variance is granted a permit shall be issued and the permittee shall conform to all applicable provisions of these Regulations except the Sectios for which the variance is granted.



PART 7 - ENFORCEMENT

SECTION 7.01 - ENFORCEMENT

If any person violates any provisions of these Regulations the County Engineer may notify the County Attorney and direct him to take whatever action is necessary to remedy the violation, including but not limited to filing suit to enjoin the violation and submitting a request to FEMA for denial of flood insurance. If a violation continues, Harris County may file a Certificate of Non-Compliance in the Real Property Records of Harris County. A fee for this action will be charged in accordance with Section 8,04 of these Regulations. The violator shall bear this and all other costs of effecting compliance.


SECTION 7.02 - VIOLATION OF CONDITIONS OF REGULATIONS

Any person having knowledge of a violation of these Regulations may file a complaint with Commissioners' Court. If the complaint is filed by the County Engineer or another county official, the County Attorney will procecute the Complaint.


SECTION 7.03 - CONTEMPT OF COMMISSIONERS' COURT

Commissioners' Court may punish contempts by fine or imprisonment in accord with the provisions of Section 81.024, Texas Local Government Code, as amended. Any person securing a permit under these regulations does so on the representation to Commissioners' Court that he will comply with the terms of the permit and with these requirements and other County regulations. Violations of such representations to Commissioners' Court constitutes contempt of Commissioners' Court. Additionally, Commissioners' Court hs the power to enforce it's Orders by civil contempt. If the Commissioners' Court finds the defendent to be guilty of contempt, it will enter such Orders consistant with general laws as it deems appropriate to punish the person guilty of contempt, and will enter such other and further Orders enforceable by civil and criminal contempt, and consistant with it's authority under general lawas, as Commissioners' Court deems necessary to enforce and protect its jurisdictionover the matter, and to uphold the integrity of these Regulations. Procedures for contempt proceedings before Commissioners' Court will be consistant with procedures in actions before other courts in this State for enforcement of Court Orders, and for the protection of the jurisdiction of Courts by the process of contempt.



PART 8 - FORMS AND RECORDS

SECTION 8.01 - FORMS

Forms to be used in the administration of these Regulations shall be promulgated by the County Engineer.


SECTION 8.02 - MAINTENANCE OF RECORDS

All applications for, and file copies of, permits must be maintained by the County Engineer for a retention time fo three (3) years. Drawings and specifications on file with the County Engineer may be destroyed after completion of the structure.


SECTION 8.03 - ELEVATION AND FLOOD PROOFING RECORD

For the duration of the records' retention period, the County Engineer shall maintain for public inspection and furnish upon request any certificates of floodproofing, information on the elevation of the level of the lowest habitable flood of all new or substantially improved structures, and, for a structure which has been floodproofed.


SECTION 8.04 - FEES

Fees for permits and inspections are to be set by Commissioners' Court. Fees shall be paid by cash, cashiers check, money order, or personal check. Should the check be returned for insuffient funds the permit(s) issued become null and void. Fees shall be paid at the time permit is delivered to the permittee unless other araingements have been made and approved by the County Auditor. The fees are shown on Table 1:

PERMIT AND SERVICESPERMIT CLASSCOSTFEE MINIMUMFEE MAXIMUM
Single Family Dwellings Including Manufactured HomesClass I$75.00
Class II$200.00
All other BuildingsClass I$0.05 per sq. Ft$10.00
Class II$0.10 per sq. ft$20.00
Manufactured Home ParkClass I$5.00 per space$30.00$150.00
Class II$10.00 per space$60.00$300.00
Earthen Fill on Subdivision LotsClass I$5.00 per lot$15.00$150.00
Class II$10.00 per space$30.00$300.00
Earthen Fill on acreage tracksClass I$10.00 per lot$30.00$300.00
Class II$20.00 per lot$60.00$600.00
All other development permitsClass I$5.00 per $10,000 value$10$1000.00
Class II$10.00 per $10,000 value$20.00$3000,00
Standard Flood Hazard Determination FEMA form 81-93, Jun95$25
Returned Check Fee$25.00


Inspections
Form Elevation Survey &/or Pier or pile survey or Other Small Projects when not supplied by the Permittee$500.00 each
Top of Slab or Finished Floor Elevation Survey or other small Projects when not supplied by the permittee$500.00 each
All other inspections requireing elevations surveys if not provided by the applicant or permittee$500.00 each
All other inspections$20.00 each
Certificate of compliance$20.00 each
Certificates of non-compliance$100.00 each
Inspections of property for compliance$50.00 each
Other chargs inccured by the County Engineer in enforcing the Flood Plain Management Regulations$45.00 per hour


All permit fees are to be doubled for all construction starting prior to obtaining a permit including minimum and maximum fees.

Charges per square foot shall also include the floors of attached and detached garages and all building floors of multiple story buildings.

Permit fees are not refundable

Inspection fees are charged for each visit to the jobsite.



PART 9 - SEVERABILITY

The provisoins of these Regulations are severable. If any word, phrase, clause, sentence, sectoin, provision, or part of these Regulations should be invalid or unconstitutional, it shall not affect the validity of the remaining portions and it is hereby decleaired to be the intent if the Commissioners' Court that these Regulations would have been adopted as the remaining portions, regardless of the validity of any part.