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A BILL TO BE ENTITLED
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AN ACT
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relat |
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ing to flood control storage requirements established by the |
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Fort Bend County Drainage District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 303, Acts of the 51st Legislature, |
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Regular Session, 1949, is amended by adding Section 3A to read as |
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follows: |
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Sec 3A: (a) In achieving the ultimate goal of minimizing |
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the threat of flooding of Fort Bend County by implementing flood |
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control measures, the District shall establish a Compensatory |
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Mitigation Program for stormwater flows for drainage areas that are |
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less than 50 acres. |
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(b) The District's Compensatory Mitigation Program shall |
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allow measures to be taken on property associated with site |
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development, and shall allow compensatory measures to be taken on |
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property not associated with site development if the threat of |
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flooding would be minimized at least as much as if the compensatory |
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measures were taken on property associated with the site |
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development. Compensatory measures may include: |
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(1) the use of detention or retention facilities to |
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store increases in stormwater flows that are attributable to |
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impervious cover from development; and |
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(2) any other appropriate measures if the measures are |
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demonstrated to minimize the threat of flooding. |
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(c) A project approved under the Compensatory Mitigation |
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Program may not be inconsistent with any applicable federal or |
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state requirements relating to management or control of stormwater. |
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(d) An application for a Compensatory Mitigation project: |
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(1) must include a demonstration that the threat of |
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flooding will be minimized in accordance with the District's |
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purposes; |
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(2) must be signed, sealed, and dated by an engineer |
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licensed by the Texas Board of Professional Engineers pursuant to |
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Occupations Code, Chapter 1001; |
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(3) may utilize any calculations that are in |
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accordance with acceptable engineering practices to determine the |
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amount of flood control storage necessary based on increased |
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impervious cover resulting from development; and |
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(4) may include a Compensatory Mitigation Bank in |
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which credits can be issued to one or more site developers that |
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allow a site developer to rely on the compensatory measures to |
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reduce the threat of flooding. |
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(e) The District engineer or other designee of the District |
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must approve or deny an application for a Compensatory Mitigation |
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project within 90 days of the submittal of the application, unless |
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the applicant agrees to an extension. The decision by the District |
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engineer or other designee of the District may be appealed directly |
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to the Commissioner's court by the applicant. |
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SECTION 2. This Act takes effect September 1, 2015. |