By: Reynolds H.B. No. 2136
A BILL TO BE ENTITLED
AN ACT
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.