What is the FLOODWAY COALITION OF HOUSTON?

Chapter 19 The City of Houston Flood Plain Ordinance The effect of on property rights

Floodway and Flood Plain Defined Flood Insurance Rate Map (FIRM)

Chapter Prohibits any and all new construction on vacant land. Prohibits any substantial repair or improvements to structures in the floodway. –Substantial Damage/Improvement is defined as 50% of the value of the structure and is accumulated over 10 years.

The City’s explanation of the ‘WHY’ of Ch Due to past unregulated development and poorly enforced regulations flooding and flood losses have increased. Chapter was legislated to regulate development to reduce flood related losses for the city.

FCOH interpretation of Chapter The goal for the Ordinance became one of eradication of the "obstacles, impediments” in the way of the drainage detention basins, parks and dense development. Fulfillment of the grand vision of sweeping green belt parkland along the city’s bayous. No building equals no more worries about sloppy enforcement. No cost to the city. Good opportunity for profiteering after property values plummet.

Reality Check #1 Tax base will lose $1.9 to $3.5 billion in property value. Annual loss of $38 to $70 million in tax revenue for the City, County, School Districts, etc.

Reality Check #2 There is no efficacy of the “no-build on vacant land” clause. An Engineering Study commissioned by FCOH indicates that a full build out of 1,000 vacant lots will raise the BFE a mere 0.87 of an inch. City of Houston Public Works claimed that the BFE would rise 5 feet.

Reality Check #3 Chapter is unconstitutional. It is regulatory taking of private property. The restriction has resulted in 90-95% loss of property value for those property owners affected.

Reality Check #4 Chapter restrictions do not make a significant impact on Houston’s flooding problems. No data has been forthcoming on the “real” reduction in flooding or flood losses since the effective date of the ordinance. The storm water drainage system throughout the City has been neglected for the past 50 years and has, to date, not been addressed.

Real explanation for Houston’s Flooding The City's failure to maintain and upgrade the under funded and derelict drainage system. Sloppy or non-exsistent code enforcement. Non-functioning detention basins. Effects of never built, but required detention basins.

How did this happen in a democratic system? Inadequate notice of public meetings concerning the ordinance changes. No input from affected property owners – the “real” stakeholders. No understanding by Council members as to the effect the Ordinance would have on citizens that owned property in the designated flood hazard zones.

Negative effects currently suffered by floodway property owners Severe restrictions on land use/utility. Reduced marketability of floodway/floodplain properties. No permits to build on vacant properties. Severe restriction on improvements and repairs to the point of prohibition. Neighborhood blight/slumming. Lifetime investment losses

FCOH Mission Restore property rights and protections with the force of law. Codification of reasonable building regulations for floodway properties. –Allow build out of vacant property –Eliminate the 50% 10-year accumulation for substantial improvement/repair

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