Use of other flood hazard data to supplement the effective firm.
Houston Code of Ordinances § 19-4
in effectSec. 19-4. - Use of other flood hazard data to supplement the effective firm.
(a) New elevation and flooding studies are undertaken by or under the auspices of FEMA and local political subdivisions, such as the Harris County Flood Control District. Upon determination that the data generated by such a study appears to be reliable and based upon sound engineering and surveying practices and further that the study's data indicate that the effective FIRMs are FIRM is materially inaccurate, the city engineer may cause the study data to be administered for purposes of this chapter as though it were a part of the effective FIRM. Any such determination shall be issued in writing and a copy shall be placed on file in the office of the city secretary. The city engineer is authorized to utilize updated information from FIS and floodplain models in administering this chapter.
(b) Where the study data are being administered as provided in subsection (a), the following procedures shall apply:
(1) To the extent of any inconsistencies between the study data and the effective FIRM, the more restrictive base flood or 0.2 percent chance flood elevations and Houston special flood hazard areas shall be controlling, and in no instance may any determination or designation that is based on the effective FIRM be reduced by study data.
(2) If alternative base flood or 0.2 percent chance flood elevations exist for the property because of the administration of supplemental data as provided in section 19-4 of this Code, the applicant shall provide two surveys, one of which shall be based in the effective FIRM and one of which shall be based on the study data.
(3) Any applicant for a plat, permit or other approval that is denied because of the application of the study data may appeal the denial of the permit, plat or other approval based on the validity of the study data as applied to the applicant's property or project. The appeal shall be considered in the same manner as a variance application under article II of this chapter. In any such appeal, the city engineer shall provide the documentation for the study data; however, the burden of demonstrating that the study data are incorrect as applied to the applicant's property shall rest upon the applicant and must be supported by the agency then responsible for the study data. Any appeal pursuant to this section shall not result in the change in any of the study data. In addition, if the study data being used has been published by FEMA for comment as a draft or preliminary FIRM:
a. The appeal process shall be limited to the application of the study data by the city to the specific application that is the subject of the appeal;
b. The appeal process shall not be regarded as an appeal under part 67, or a request for map amendment under part 69, of Title 44 of the Code of Federal Regulations;
c. Any outcome of the appeal to the city is in no way binding on FEMA, nor will it affect or limit any action the agency may take; and
d. Any challenge to the use of the study data as the basis for a FIRM should be separately addressed to FEMA under the applicable federal rules.
(c) For any special flood hazard area for which a floodway has not been designated, the applicant may submit an engineering analysis by a registered professional engineer licensed in the State of Texas that defines the floodway with respect to the site for which a development permit is sought.
(Ord. No. 2018-258, § 2(Exh. A), 4-4-2018)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH19FL_ARTIINGE_S19-4USOTFLHADASUEFFIFetched: 10/26/2026