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Texas Local Government Code - Section 240.905. Land Use Regulation For Flood Control In Trinity River Basin

Legal Research Home > Texas Laws > Local Government Code > Texas Local Government Code - Section 240.905. Land Use Regulation For Flood Control In Trinity River Basin

§ 240.905. LAND USE REGULATION FOR FLOOD CONTROL IN 
TRINITY RIVER BASIN.  (a) The commissioners court of a county 
located below the dam of Lake Livingston with all or part of its 
area within the 100-year floodplain of the Trinity River basin as 
described by county maps developed according to Federal Emergency 
Management Agency requirements may adopt and enforce rules that 
regulate the future construction of residences and the laying out 
of residential lots or the development of subdivisions in that 
portion of the county located in the 100-year floodplain of the 
Trinity River basin.
	(b)  Before the commissioners court may adopt and enforce the 
rules described in Subsection (a) of this section the commissioners 
court must make a determination that the rules are necessary to 
protect the health and safety of the public by reducing the damage 
caused by flooding in the 100-year floodplain.
	(c)  The rules described in Subsection (a) of this section 
apply only to development and construction commenced after the 
effective date of this section for:
		(1)  the flood-proofing of structures constructed or 
placed in the floodplain;
		(2)  the type of structures which may be constructed or 
placed in the floodplain;
		(3)  the minimum elevation of structures constructed or 
placed in the floodplain;  and
		(4)  specification for drainage of residential lots or 
subdivisions to be laid out in the floodplain.
	(d)  The commissioners court may not regulate new 
manufactured or industrialized housing constructed to preemptive 
state or federal building standards for siting or zoning purposes 
in any manner that is different from regulation of site-built 
housing.

Added by Acts 1991, 72nd Leg., ch. 858, § 4, eff. Sept. 1, 1991.  
Renumbered from V.T.C.A., Local Government Code § 240.904 by 
Acts 1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(19), eff. Nov. 12, 
1991.

Last modified: August 11, 2007