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A BILL TO BE ENTITLED
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AN ACT
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relating 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 6604, Special District Local Laws Code, |
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is amended by adding Section 6604.108 to read as follows: |
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Sec. 6604.108. COMPENSATORY MITIGATION PROGRAM. (a) In |
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achieving the ultimate goal of minimizing the threat of flooding of |
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Fort Bend County by implementing flood control measures, the |
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district shall establish a compensatory mitigation program for |
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stormwater flows for drainage areas that are less than 50 acres. |
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(b) The district's compensatory mitigation program must |
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allow compensatory mitigation measures to be taken on property that |
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is associated with development of a site and may allow compensatory |
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mitigation measures to be taken on property that is not associated |
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with a site's development if the threat of flooding would be |
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minimized at least as much as if the compensatory mitigation |
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measures were taken on property associated with the site's |
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development. |
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(c) Compensatory mitigation measures authorized by the |
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compensatory mitigation program 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 that are |
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demonstrated to minimize the threat of flooding. |
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(d) A project to develop compensatory mitigation measures |
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approved under the compensatory mitigation program may not be |
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inconsistent with any applicable federal or state requirements |
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relating to management or control of stormwater. |
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(e) An application for approval of a compensatory |
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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 under Chapter |
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1001, Occupations Code; |
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(3) may use calculations that are in accordance with |
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acceptable engineering practices to determine the amount of flood |
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control storage necessary based on increased impervious cover |
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resulting from development; and |
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(4) may include use of a compensatory mitigation bank |
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in 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 mitigation |
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measures to reduce the threat of flooding. |
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(f) The district engineer or other designee of the district |
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shall approve or deny an application for approval of a compensatory |
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mitigation project not later than the 90th day after the date the |
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application is submitted, unless the applicant agrees to an |
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extension. The decision by the district engineer or other designee |
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of the district may be appealed directly to the commissioners court |
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by the applicant. |
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SECTION 2. This Act takes effect September 1, 2017. |