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Who To Contact About Altering Drainage?

4,417 Views | 18 Replies | Last: 2 yr ago by BQ_90
turfman80
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The acreage behind my rural lot is slated for a housing development. Right behind my back property line is the beginning of a creek that runs parallel to my back property line and deepens to 8 ft before it passes my corner survey rod. The only way I can see the developer building on that (small) lot is to fill in that low area. Seems there would be some type of restriction as I'm afraid it would allow water drainage to then flow onto my property. What agency or county department should I contact for information/ guidance? I'm thinking the county engineer, but Texags knows stuff. Thx!
Civil04
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Based on Texas Water Law, they cannot change the drainage in the way it comes to you. That might mean they have to build some form or retention/detention so that you don't "feel or see" any new water. Obviously, there will be more runoff, but they have to hold it on their property so that it doesn't get to you faster.

The designing engineer will have to have pre-development and post-development drainage calculations to show you are not receiving more post-development. Whoever the controlling agency is in the area will have a copy of those plans. If its outside of a city, I would start with the County Engineer. If they don't have any jurisdiction, you might have to run down the engineering firm and ask them. They should be willing to help/disclose in this situation.

Hope this helps.
Cromagnum
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Tell that to my neighborhood developer who built my neighbors land up way higher than mine. I told them it's going to flood my yard and they said I was wrong. I installed a French drain on that side of my yard, and it has flooded every big rain event for 10 years (but now drains).

I would not count on developers doing the correct thing ever.
Shoefly!
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Take plenty of pics now. The county should have engineers or on contract. That's where I'd start. Find out who the Engineers are for the Subdivision and let them know your thoughts. Pic's don't lie! Good luck!
Goodest Poster
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Take video too after next hard rain...i mean...if rain actually exists
Always the most goodest
AtlAg05
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Easier to get things figured out now and make sure the builder does the right thing.

Imagine if the builder goes bankrupt before doing anything and the county tells you it was the builders responsibility. Speaking from experience.
buddybee
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Better start building up your side of the property that would be the subject of possible flooding . Have seen a lot of builders build up the lots and then flood areas that have not flooded before. I can tell you a lot of these county officials are bought and paid for by the builders. If it was my property I would start looking for fill dirt and build higher than you think you would need to stop or make sure the water is diverted from your property. I would also think of consulting an attorney to help with the problem. These county officials, engineers, and inspectors are the best men that money can buy when big money is involved.
OnlyForNow
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What county?
Ogre09
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It's never going to rain again, so don't worry about it. Feeling that way anyway.
Uzi4u
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Check to see if there's an actual drainage district where you live. That's who we deal with where my family has land. You can also contact your county commissioner to get pointed in the right direction m.
turfman80
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OnlyForNow said:

What county?
Brazos
CCAg14
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TCEQ or Army Corps of Engineers
southernskies
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Be a boss and get a pre and post topographic survey. Then sue for damages when it comes back as a developer screw up. Profit
BQ_90
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CCAg14 said:

TCEQ or Army Corps of Engineers


Neither have authority, COE only will get involved with navigable waterways

TCEQ it has to be pollution related

County engineer might get involved

My guess is they'll all say it's private matter
Milwaukees Best Light
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What did they say when you tore down the fence?
CCAg14
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TCEQ has the Watermaster Program, they may not get directly involved but will at least send someone out to investigate and will refer it if necessary.

USACE would be involved from a wetlands standpoint although depending on the amount of fill it they may be exempt.
OnlyForNow
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For wetlands no amount of fill is exempt, BUT the rules just changed so it might not be protected anymore.

This is a county and TCEQ issue. Call the county and tell them they blocked and changed the creeks course so that it floods your property. Do the same thing with the Brazos Valley water master and TCEQ in Austin.
muchow3414
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Check the recorded plat, if the affected area is a platted drainage easement, then by county standards, it cannot be altered with out the county's approval. Then your county engineer will get involved.
'02
BQ_90
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CCAg14 said:

TCEQ has the Watermaster Program, they may not get directly involved but will at least send someone out to investigate and will refer it if necessary.

USACE would be involved from a wetlands standpoint although depending on the amount of fill it they may be exempt.


Very doubtful. The Corps won't care about headwater that MIGHT be a wetland. Hell they can't look at a 404 permit very fast, no,way they are sending somebody down from Dallas for this

Call them they'll say call the county engineer
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