Montgomery County Updates Floodplain Rules

**Montgomery County Implements Stricter Floodplain Regulations to Enhance Resilience, Secure NFIP Eligibility**

**MONTGOMERY COUNTY, TX – May 29, 2024** – Montgomery County residents in or near flood-prone areas will soon operate under significantly updated floodplain development regulations, as the Commissioners Court finalized the new rules on Tuesday, May 28, 2024. These comprehensive changes, designed to fortify the county’s defenses against future flooding and maintain its critical eligibility for the National Flood Insurance Program (NFIP), will take effect on June 1, 2024.

The overhaul comes as a direct response to lessons painfully learned from devastating events like Hurricane Harvey in 2017 and Tropical Storm Imelda in 2019, which caused widespread damage across the region, including parts of Montgomery County. By adopting higher standards, the county aims not only to reduce future flood damage but also to potentially lower flood insurance premiums for residents through the NFIP’s Community Rating System (CRS).

One of the most impactful provisions requires all new structures, substantial improvements to existing buildings, and manufactured homes situated in the 100-year floodplain to be elevated a minimum of two feet *above* the Base Flood Elevation (BFE). This “freeboard” requirement adds an essential layer of protection, exceeding previous standards and proven effective in mitigating flood damage.

Another critical update addresses “cumulative substantial improvement.” Under this new rule, if the total cost of renovations or additions to a structure within the floodplain accumulates to 50% or more of its market value over any five-year period, the entire structure must then be brought into full compliance with current floodplain regulations. This provision ensures that repeatedly renovated, at-risk properties are eventually updated to modern flood protection standards. Furthermore, no new construction or substantial improvement will be permitted in the designated floodway itself without a certified “no-rise” condition, strictly prohibiting development that could impede the flow of floodwaters and exacerbate upstream flooding.

Residents in unincorporated areas now face an additional step: securing a county floodplain development permit *before* initiating any construction, even if they have already obtained a city permit. The updated permit application process is more rigorous, requiring detailed surveys and engineering certifications to verify compliance with the new standards. Montgomery County’s Drainage District No. 6 will play a pivotal role in this process, providing crucial technical review and enforcing the new regulations.

The path to these updated regulations was a deliberate and collaborative one, involving months of public input. A series of workshops and public meetings provided platforms for engineers, builders, and residents to voice their concerns, offer insights, and contribute to the finalized ordinance.

County officials underscored the long-term benefits of these changes. “These updated regulations are a proactive step to protect our communities,” stated Montgomery County Judge Mark Keough. “They are essential for minimizing flood damage, protecting property values, and, most importantly, safeguarding lives throughout Montgomery County. We’ve learned from past events, and this is how we build a more resilient future.”

Commissioner James Noack echoed this sentiment, emphasizing the county’s commitment to public safety and sustainable development. “By adopting these robust standards, we are not just meeting federal requirements; we are exceeding them in key areas to provide greater peace of mind for our residents and ensure that Montgomery County remains a safe and prosperous place to live and work.”

Residents seeking more information on the new floodplain development regulations, including permit requirements and specific guidelines, are encouraged to visit the Montgomery County Drainage District No. 6 website at https://www.mctx.org/departments/departments_a_-_f/drainage_district_no_6/floodplain_management.php or the FEMA Flood Insurance Program page at https://www.fema.gov/flood-insurance.