Attention: All construction in Brazos County must be approved by the County Engineer’s office by acquiring a permit before construction begins. Failure to do so will result in fines and halting of construction. Homeowners, please do not assume that your builder has complied with this ordinance. Check with Brazos County Road and Bridge to verify the permit has been granted. It is the property owner’s responsibility to make sure that the construction has been approved. The permit is free and only takes a few minutes to process. It is to the homeowner’s benefit because it defines whether or not the property is in the floodplain. Read below to learn the specifics.

In January of 1987, the Commissioners' Court of Brazos County adopted a Flood Prevention Ordinance (commonly referred to as the Floodplain Permit Ordinance) in an effort to provide information on the availability of flood insurance to owners of primary residential or commercial structures (including manufactured homes) for those who request it. In order to provide the availability of flood insurance for any structure we have to document all structures. In the case of additions or remodeling, when the costs are more than 50% of the value of the structure, a permit must also be issued. Failure to obtain this permit could result in "red tagging" of the construction site resulting in a stoppage of construction with the possibility of a class "c" misdemeanor. Builders should inform owners that they need to get the permit. Permits are issued by appointment. For an appointment call (409) 822-2127.

The following are the specifics of the laws that deem the Floodplain Permits necessary and explain the permitting process. Please read carefully.

FLOOD DAMAGE PREVENTION ORDINANCE

ARTICLE 1

STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS

SECTION A. STATUTORY AUTHORIZATION

The Legislature of the State of Texas has in V.T.C.A. Texas Water Code, Sec. 16311 et seg delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the Commissioners' Court of Brazos County, Texas, does ordain as follows:

SECTION B. FINDINGS OF FACT

(1) The flood hazard areas of Brazos County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety, and general welfare.

(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vunerable to floods and hazardous to other lands, because they are inadequately elevated, floodproofed, or otherwise protected from flood damage.

SECTION C. STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and

(7) Insure that potential buyers are notified that property is in a flood area.

SECTION D. METHODS OF REDUCING FLOOD LOSSES

In order to accomplish its purposes, this ordinance uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;

(4) Control filling, grading, dredging and other development which may increase flood damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

End of Article 1

FLOOD PLAIN PERMIT

The Flood Plain Permit Ordinance in Brazos County was adopted by the Commissoners' Court in a effort to provide the availability of flood insurance to owners of primary residential or commercial structures (including mobile homes) who need flood insurance or would simply like flood insurance. In order to provide the availibility of flood insurance for any structure we have to document all structures. This program went into effect in January of 1987, so any structure built previous to that date is considered "Grandfather Claused." In the case of minor additions or remodeling, no permit is required, any major remodel (50% of value of structure or more) will require a Flood Plain Permit, even on structures built before January of 1987.

Flood Plain Permit Guidelines

Due to the fact there are times when no one is available to issue floodplain permits, we encourage you to telephone and schedule an appointment. The property owner shall supply the information required on the attached sheet (Flood Plain Permit Information Form) at the scheduled appointment time; missing information may jeopardize issuance of the permit and another appointment may be required.

(1) Permits shall be secured by property owners only (no exceptions).

(2) Permits for out-of-town owners may be arranged (information at County Engineer's office).

(3) Owner shall supply a legal description of the property including abstract number, tract number (per Central Appraisal District Office, 409-774-4100), and exact acreage, or subdivision name, phase, block and lot number of property in a subdivision.

(4) If property is owned by a builder or developer, we will issue a floodplain permit to him/her except when any type of contract with potential buyer exists. If a contract does exist, the purchaser will be required to secure a permit.

(5) No more than two permits will be issued per tract or lot provided the tract or lot has at least one acre per structure (more than two will be addressed on a special individual basis of large acreage).

a. Permits will be required for each residential or commercial structure.

b. If more than one floodplain permit is issued, the owner of the property will be required to secure a permit for each structure. A note will be attached to the permit stating: "This permit is for the second structure on this lot or tract. Owner acknowledges that if either structure is sold, along with a portion of lot or tract, a plat or replat may be required".

(6) A floodplain permit will not be issued for lots or tracts that are illegally subdivided or are in a subdivision that is being developed, but the plat has not been approved by Commissioners' Court and recorded in the County Clerk's office.

(7) If floodplain permit applicant's property has floodplain encroachment, a determination shall be made by the County Engineer's office as to whether an elevation certificate (see item no. 8) will be required by the owner before a floodplain permit can be issued.

(8) If an elevation certificate (see item no. 7) is found to be necessary, a study by a licensed engineer or surveyor will be required (paid for by owner) and the findings recorded on the elevation certificate booklet (provided by County Engineer's office) in which the ground elevation of the structure site is determined and the finished floor elevation is established from the findings (which will include a bench mark being placed adjacent to the structure site for a reference mark by which to set the finished floor of the structure).

(9) The County Engineer's office may perform unannounced site inspection(s) of the installation or construction of the finished floor, and if findings show the finished floor is below the established target elevation, the owner may be required to adjust the finished floor. If the owner refuses, he/she may be filed on by the County for violation of the floodplain ordinance. All violation findings will be filed with the floodplain permit and in the case of a possible future flood, FEMA may not make loan assistance available for damages to this structure.