Texas Laws Regarding Storm Water Abatement

   / Texas Laws Regarding Storm Water Abatement #1  

weldingisfun

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West Bell County, Texas
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This is for all you Texas TBNers. Do any of you know the laws in Texas regarding development in rural areas? Specifically, I need to know what obligations Developers have regarding storm water abatement and obligations to adjacent property owners. I know there are very stringent regulations that Developers and Builders must adhere to when developing property within city limits, but what about outside the city limits in rural areas? If you can site Texas law that would definitely help. I am going to see a lawyer this week to try and force a Developer to do what is right.
Sure can use some information.
 
   / Texas Laws Regarding Storm Water Abatement #2  
Of course you're doing the right thing to talk to a lawyer. I DO NOT know what the law is, but I do know there are some laws on the topic, at least in some places. When I bought 10 acres in Navarro County in December, 1994, as far as I could determine at that time, there were no regulations at all as to what I could do to the land, except for needing a permit for a septic system. But sometime around 2000 (+/-), we all got letters from the county about a new law (I'm not sure whether it was state or county law) that basically said anytime you moved any dirt, you needed the county's approval.:rolleyes: Naturally, a lot of people inquired about that and learned that what it really meant was that you needed the county's approval any time you altered the topography in a manner that would affect storm water flow.
 
   / Texas Laws Regarding Storm Water Abatement #3  
Your post got me curious also. Let us know what the lawyer says.

I found this but I don't know how current it is?

"Diffused surface water-surface drainage over the face of a tract of land before it is concentrated into a channel or streamcourse-is another legal class of water. It retains this classification until it reaches a streamcourse, sinks into the ground, or evaporates. In Texas landowners have the right to intercept, impound, and use diffused surface water on their land. Their rights are superior to those of adjacent lower landowners and to holders of rights on streams into which the water might eventually flow. Texas law provides that diffused surface water can be impounded in tanks by the landowner on his own property without a permit, so long as the reservoir does not exceed 200 acre-feet in storage capacity and the water is used only for domestic and livestock purposes. A permit is required if the reservoir exceeds the storage limits, if the dam is on a stream, or if the water is to be used for other purposes."

The above is from this web site:
Handbook of Texas Online:

What is 200 acre-feet?
 
   / Texas Laws Regarding Storm Water Abatement #4  
Nothing specific, but there is an agency that is responsible for water quality and erosion control. They are almost toothless in enforcement, but that might just be in my area.

If you need something specific, PM me and I'll get in contact with a guy I know who works there. I'm drawing a blank on the name of the agency he works for, but he's a friend that I've done some jobs for and has been very helpfull in letting me know the rules on my own land and project.

A few things that a developer has to do is control silt runoff into the storm drains. They are supposed to keep the roads clean where traffic enters and leaves the development and in some cases, they have to build retention ponds to hold runoff when excessive.

If they don't do these, things, it's something you can complain about, but it's not likely very much will be done about it. The enforcement agencies just don't have any way to enforce these rules, and very few counties will shut down a development when it's such a cash cow for them.

Eddie
 
   / Texas Laws Regarding Storm Water Abatement #5  
I'm kind of like the others, it's probably city/county specific. The TNRCC (Texas Natural Resource Conservation Commission), the Corps of Engineers, and your county extention agent might be able to give you more specific information. As pertains to creeks and rivers, there probably is a governing body for that in your area. The TRA (Trinity river authority), has a say around here in our area, and another close to you is the LCRA (Lower Colorado River Authority). Good luck with your search.
 
   / Texas Laws Regarding Storm Water Abatement #7  
The TNRCC (Texas Natural Resource Conservation Commission)

I figured that's who Eddie was talking about. They're all talk and threats and do nothing.
 
   / Texas Laws Regarding Storm Water Abatement
  • Thread Starter
#8  
Guess I should have given you guys a little more information. The developer has diverted storm water runnoff from approximately 15 acres through a 36" culvert into a draw running through my property and he filled a 50+ year old retention dam that sat near the top of the same draw. My lower stock tank was built in 1998 and never had any overflow problems. Since the developer did the things mentioned above the dam to my tank has been breached three times. The top of the dam sits four feet above the 6' wide spillway. And, the road leading to my house has been washed out ten times now. My road now has three 24" and one 10" culvert running under it. The three 24" were installed by the developer following washouts 2 through 9. My fenceline adjacent to the development has been pushed over or loaded with sediment and debris and the fence at the bottom of my property, below the stock tank has been flattened four times.

One more thing, the developer never submitted his plan to the County Engineer Office prior to the onset of construction nor did he send a letter to adjacent property owners informing us of his intentions.

I will keep you all informed about my meeting with the lawyers.

Thanks for all your input.
 
   / Texas Laws Regarding Storm Water Abatement #9  
I will keep you all informed about my meeting with the lawyers.


Probably help if you could take some pictures of developers property/work and it's effect on your property/tank to take with you when you go.
 
   / Texas Laws Regarding Storm Water Abatement #10  
Document, Document, Document!!!!

It sounds like you have a stong case against the develper and you need to file against him to be sure he does what's right. I don't know the exact law, nor where to find it, but it is illegal to divert the natural flow of water onto a neighbors land. He is liable for all damage he causes because of it, and then some. Making this happen might be as easy as talking to him and having him make it right, or it will take the legal system to force him to do so.

A few things to consider is the developer might not be as strong financially as most people think. Allot of them are operating on a shoe string and just a few mistakes away from bankrupcy. A good example is the development where the HGTV Dream Home was built here in Tyler. The develper is a fairly big name here in this area with quite a few developments successfully completed. This time they got in over there head and it didn't turn out as they had expected, which lead to bankrupcy. The development is pretty much at a standstill because of all the legal battles and lack of interest in anybody buying anything there.

If you file a lawsuit against the developer, you might cripple him and be worse off then you are now. Of course, you will be able to put a lien on the entire development and force him, or whoever owns the development to satisfy your lien before they can sell a single home. That's a good incentive for them to make things right.

I would consider having them pave your road, expanding your pond and replacing your fence.

My wifes uncle let the county use one of his roads to access a pipleline they were installing. They tore up the road and he told them to repave it before he'd sign off on it and relieve them of the bond they had to post before he allowed them access. So far, they have paved half of it.

Be sure your lawyer has actual experience in this. Most lawyers will take any job you give them, but not have a clue about what they are doing. The right lawyer will get you everything you want, and the wrong one will be a money pit and accomplish nothing.

Do not rely or expect any help from a government agency in this. You might get somebody out there to listen to your complaint, but at the very most, all they can do is stop the developer from proceeding until he improves or changes the runnoff issue. Fixing the damage to your land is not what they do, nor can they force the developer to do so.

Good luck,
Eddie
 

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