Tex. Water Code Section 16.315
Political Subdivisions; Compliance with Federal Requirements


All political subdivisions are hereby authorized to take all necessary and reasonable actions that are not less stringent than the requirements and criteria of the National Flood Insurance Program, including but not limited to:

(1)

making appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses;

(2)

guiding the development of proposed future construction, where practicable, away from a location which is threatened by flood hazards;

(3)

assisting in minimizing damage caused by floods;

(4)

authorizing and engaging in continuing studies of flood hazards in order to facilitate a constant reappraisal of the flood insurance program and its effect on land use requirements;

(5)

engaging in floodplain management, adopting and enforcing permanent land use and control measures that are not less stringent than those established under the National Flood Insurance Act, and providing for the imposition of penalties on landowners who violate this subchapter or rules adopted or orders issued under this subchapter;

(6)

declaring property, when such is the case, to be in violation of local laws, regulations, or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas and notifying the director, or whomever the director designates, of such property;

(7)

consulting with, giving information to, and entering into agreements with the Federal Emergency Management Agency for the purpose of:

(A)

identifying and publishing information with respect to all flood areas, including coastal areas; and

(B)

establishing flood-risk zones in all such areas and making estimates with respect to the rates of probable flood-caused loss for the various flood-risk zones for each of these areas;

(8)

cooperating with the director’s studies and investigations with respect to the adequacy of local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention;

(9)

taking steps, using regional, watershed, and multi-objective approaches, to improve the long-range management and use of flood-prone areas;

(10)

purchasing, leasing, and receiving property from the director when such property is owned by the federal government and lies within the boundaries of the political subdivision pursuant to agreements with the Federal Emergency Management Agency or other appropriate legal representative of the United States Government;

(11)

requesting aid pursuant to the entire authorization from the board;

(12)

satisfying criteria adopted and promulgated by the board pursuant to the National Flood Insurance Program;

(13)

adopting permanent land use and control measures with enforcement provisions that are not less stringent than the criteria for land management and use adopted by the director;

(14)

adopting more comprehensive floodplain management rules that the political subdivision determines are necessary for planning and appropriate to protect public health and safety;

(15)

participating in floodplain management and mitigation initiatives such as the National Flood Insurance Program’s Community Rating System, Project Impact, or other initiatives developed by federal, state, or local government; and

(16)

collecting reasonable fees to cover the cost of administering a local floodplain management program.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, Sec. 1.051, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 258, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1323 (S.B. 1436), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1430 (S.B. 3), Sec. 2.17, eff. September 1, 2007.

Source: Section 16.315 — Political Subdivisions; Compliance with Federal Requirements, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­16.­htm#16.­315 (accessed Jun. 5, 2024).

16.001
Definitions
16.002
Open Meetings and Open Records Laws
16.011
General Responsibilities of the Executive Administrator
16.012
Studies, Investigations, Surveys
16.013
Engineering, Hydrologic, and Geologic Functions
16.014
Silt Load of Streams, Etc
16.015
Studies of Underground Water Supply
16.016
Pollution of Red River Tributaries
16.017
Topographic and Geologic Mapping
16.018
Soil Resource Planning
16.019
Cooperative Agreements
16.020
Master Plans of Districts, Etc
16.021
Texas Geographic Information Office
16.023
Strategic Mapping Account
16.024
Financial Assistance for Digital, Geospatial Information Projects
16.025
Reporting of Federal Money Used for Flood Research, Planning, and Mitigation Projects
16.026
Texmesonet Hydrometeorology Network
16.027
Statewide Water Public Awareness Account
16.051
State Water Plan: Drought, Conservation, Development, and Management
16.052
Interregional Planning Council
16.053
Regional Water Plans
16.054
Local Water Planning
16.055
Drought Response Plan
16.056
Federal Assistance in Financing Regional Water Plans
16.058
Collection of Bays and Estuaries Data
16.059
Collection of Instream Flow Data
16.060
Desalination Studies and Research
16.061
State Flood Plan
16.062
Regional Flood Planning
16.091
Designation of Board
16.092
Local Sponsors for Projects
16.093
Participation in Federal Programs
16.0121
Water Audits
16.131
Authorized Projects for State Participation Account
16.132
Joint Ventures
16.133
Permits Required
16.134
Storing Water
16.135
Board Findings
16.136
Facilities Wanted by Political Subdivision
16.137
Contracts: General Authority
16.138
Specific Contracts Authorized
16.139
Contracts: Facilities Acquired for a Term of Years
16.140
Maintenance Contracts
16.141
Recreational Facilities
16.142
Recovery of Administrative Costs
16.143
Option to Lease
16.144
Environmental Mitigation
16.145
Interregional Water Supply Projects
16.146
Authorized Projects for State Participation Account Ii
16.147
Establishment of Certain Performance Goals and Metrics
16.181
Board May Sell or Lease Projects
16.182
Permits Required
16.183
Permit: Paramount Consideration of Commission
16.184
Contract Must Be Negotiated
16.185
Reservoir Land
16.186
Price of Sale
16.187
Price of Sale: Facilities Acquired Under Contracts with the United States
16.188
Costs Defined
16.189
Lease Payments
16.190
Sale or Lease: Condition Precedent
16.191
Disposition of Proceeds
16.192
Sale of Stored Water
16.193
Permit
16.194
Sale Contract: Provisions, Limitations
16.195
Emergency Releases of Water
16.196
Preferences
16.197
Lease of Land Prior to Project Construction
16.198
Lease Contributions Equivalent to Taxes
16.231
Design of Improvements or System of Improvements
16.232
Location of Projects
16.233
Cooperation with Other Agencies
16.234
Advice to Districts
16.235
Districts to File Information with Commission
16.236
Construction of Levee Without Approval of Plans
16.237
Administrative Penalty
16.271
Improvement of Streams and Canals and Construction of Facilities Within Cypress Creek Drainage Basin
16.272
Long-term Contracts with the United States
16.273
Temporary Authority to Act for District
16.311
Short Title
16.312
Purpose
16.313
Definitions
16.314
Cooperation of Board
16.315
Political Subdivisions
16.316
Coordination of Local, State, and Federal Programs by Board
16.317
Cooperation of Texas Department of Insurance
16.318
Rules
16.319
Qualification
16.320
Coastal Erosion
16.321
Coastal Flooding
16.322
Civil Penalty
16.323
Enforcement by Political Subdivision
16.324
County Authority to Set Fee
16.341
Definitions
16.342
Rules
16.343
Minimum State Standards and Model Political Subdivision Rules
16.344
Oversight
16.345
Authority to Participate in Program
16.346
Examination of Ability of a District to Provide Services and Financing
16.347
Requirement of Imposition of Distressed Areas Water Financing Fee
16.348
Setting of Fee by Political Subdivision
16.349
Fees
16.350
Eligible Counties and Municipalities to Adopt Rules
16.351
Contract Preference
16.352
Enforcement of Rules
16.353
Injunction
16.354
Attorney General Enforcement
16.355
Authority over Facilities
16.356
Use of Revenue from Operation of Water Supply or Sewer Service Projects
16.402
Water Conservation Plan Review
16.403
Water Use Reporting
16.404
Rules and Standards
16.451
Definitions
16.452
Texas Infrastructure Resiliency Fund
16.453
Floodplain Management Account
16.454
Hurricane Harvey Account
16.455
Federal Matching Account
16.456
Texas Infrastructure Resiliency Fund Advisory Committee
16.457
Report Required
16.458
Applicable Law
16.459
Transparency Requirements
16.460
Rules
16.0551
State Drought Preparedness Plan
16.1311
Priority for Water Conservation
16.1331
Reservation and Appropriation for Bays and Estuaries and Instream Uses
16.1341
Payment for Releases and Pass-throughs from State Reservoirs
16.1351
Recreational Access
16.1871
Acquisition Date
16.3145
National Flood Insurance Program Orders or Ordinances
16.3221
Criminal Penalty
16.3535
Damages
16.3545
Venue
16.4021
Water Conservation Plan Requirements

Accessed:
Jun. 5, 2024

§ 16.315’s source at texas​.gov