| 12 | 12 | | Sec. 6604.108. COMPENSATORY MITIGATION PROGRAM. (a) In |
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| 13 | 13 | | achieving the ultimate goal of minimizing the threat of flooding of |
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| 14 | 14 | | Fort Bend County by implementing flood control measures, the |
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| 15 | 15 | | district shall establish a compensatory mitigation program for |
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| 16 | 16 | | stormwater flows for drainage areas that are less than 50 acres. |
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| 17 | 17 | | (b) The district's compensatory mitigation program must |
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| 18 | 18 | | allow compensatory mitigation measures to be taken on property that |
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| 19 | 19 | | is associated with development of a site and may allow compensatory |
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| 20 | 20 | | mitigation measures to be taken on property that is not associated |
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| 21 | 21 | | with a site's development if the threat of flooding would be |
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| 22 | 22 | | minimized at least as much as if the compensatory mitigation |
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| 23 | 23 | | measures were taken on property associated with the site's |
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| 24 | 24 | | development. |
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| 25 | 25 | | (c) Compensatory mitigation measures authorized by the |
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| 26 | 26 | | compensatory mitigation program may include: |
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| 27 | 27 | | (1) the use of detention or retention facilities to |
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| 28 | 28 | | store increases in stormwater flows that are attributable to |
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| 29 | 29 | | impervious cover from development; and |
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| 30 | 30 | | (2) any other appropriate measures that are |
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| 31 | 31 | | demonstrated to minimize the threat of flooding. |
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| 32 | 32 | | (d) A project to develop compensatory mitigation measures |
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| 33 | 33 | | approved under the compensatory mitigation program may not be |
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| 34 | 34 | | inconsistent with any applicable federal or state requirements |
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| 35 | 35 | | relating to management or control of stormwater. |
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| 36 | 36 | | (e) An application for approval of a compensatory |
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| 37 | 37 | | mitigation project: |
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| 38 | 38 | | (1) must include a demonstration that the threat of |
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| 39 | 39 | | flooding will be minimized in accordance with the district's |
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| 40 | 40 | | purposes; |
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| 41 | 41 | | (2) must be signed, sealed, and dated by an engineer |
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| 42 | 42 | | licensed by the Texas Board of Professional Engineers under Chapter |
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| 43 | 43 | | 1001, Occupations Code; |
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| 44 | 44 | | (3) may use calculations that are in accordance with |
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| 45 | 45 | | acceptable engineering practices to determine the amount of flood |
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| 46 | 46 | | control storage necessary based on increased impervious cover |
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| 47 | 47 | | resulting from development; and |
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| 48 | 48 | | (4) may include use of a compensatory mitigation bank |
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| 49 | 49 | | in which credits can be issued to one or more site developers that |
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| 50 | 50 | | allow a site developer to rely on the compensatory mitigation |
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| 51 | 51 | | measures to reduce the threat of flooding. |
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| 52 | 52 | | (f) The district engineer or other designee of the district |
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| 53 | 53 | | shall approve or deny an application for approval of a compensatory |
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| 54 | 54 | | mitigation project not later than the 90th day after the date the |
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| 55 | 55 | | application is submitted, unless the applicant agrees to an |
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| 56 | 56 | | extension. The decision by the district engineer or other designee |
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| 57 | 57 | | of the district may be appealed directly to the commissioners court |
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| 58 | 58 | | by the applicant. |
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| 59 | 59 | | SECTION 2. This Act takes effect September 1, 2017. |
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