HomeMy WebLinkAbout28191-12-2025 - City Council - OrdinanceORDINANCE NO.28191-12-2025
AN ORDINANCE AMENDING CHAPTER 7, `BUILDINGS," ARTICLE
VIII "FLOODPLAIN PROVISIONS," OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (2015), AS AMENDED, TO REGULATE VALLEY
STORAGE OF STORMWATER; ADDING AND REVISING DEFINITIONS
RELATED TO VALLEY STORAGE; REORDERING SUMP AREA
REGULATIONS; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has, in Chapters 51 and 214 of the
Texas Local Government Code conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of its citizenry;
and
WHEREAS, the Fort Worth City Council has adopted Floodplain Management
regulations to protect people and property, ensure federal flood insurance and disaster
assistance if available, save tax dollars, and reduce future flood losses; and
WHEREAS, the Federal Emergency Management Agency has identified special flood
hazard areas within the boundaries of the City of Fort Worth and such areas may be subject to
periodic inundation which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare; and
WHEREAS, the City of Fort Worth was accepted for participation in the National
Flood Insurance Program on June 4, 1980, and the City Council desires to continue to meet the
requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such
participation; and
WHEREAS, the City of Fort Worth adopted building and rehabilitation codes,
pursuant to Chapter 214 of the Texas Local Government Code, to protect the public health,
safety, and welfare, and such building and rehabilitation codes contain certain provisions that
apply to the design and construction of buildings and structures in flood hazard areas; and
WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance
Act, Texas Water Code, Section 16.315, delegated the responsibility of local government units
to adopt regulations designed to minimize flood losses; and
WHEREAS, valley storage refers to the volume of flood water stored between the
water surface and the ground surface occupying an area between any two specified points
Ordinance No.28191-12-2025
Page 1 of 8
through which water flows at least periodically, including sump areas that are parts of levee
systems; and
WHEREAS, protecting valley storage in special flood hazard areas, sump areas, or in
areas where a special flood hazard area would be mapped as a result of land development is
necessary to help minimize downstream flood losses;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Chapter 7, Article VIII, Division 1, Section 7-304 "Definitions" of the Code of the
City of Fort Worth, Texas (2015), as amended, is hereby amended to add the following
definitions, and to revise the definition of Flood Protection System, to be and read as follows:
FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have
been authorized, appropriated and expended and which have been constructed specifically to
modify flooding in order to reduce the extent of the areas within a community subject to a
special flood hazard as described in § 7-301 herein and the extent of the depths of associated
flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or
dikes, the Sstorm Ddrain Ssystemt and detention/retention systems. These specialized flood
modifying works are those constructed to conform to sound engineering standards.
STORM DRAIN PIPE SYSTEM. The portion of the Storm Drain Svstem consisting of
underground or enclosed conduits designed to collect and convey stormwater runoff. The
Storm Drain Pibe Svstem shall include storm drain pipes. manholes. iunction boxes. inlets. and
related structures that transport stormwater from surface collection points to outfalls, channels,
or other drainage facilities in a manner that is intended to prevent localized flooding and protect
public and private propertv.
STORM DRAIN SYSTEM. The system of convevances and facilities (including roads with
drainage systems, citv streets. catch basins, curbs, nutters, detention basins, ditches, man-made
channels, watercourses, and storm drains) that are designed or used exclusivelv to collect or
convev stormwater and that are not designed or used to collect or convev wastewater.
SUMP AREAS. Drainage features of levee systems that temporarily store storm water runoff
before it is conveved to a river system by pumping over or draining through a levee.
VALLEY STORAGE. The volume of flood water stored between the water surface and the
around surface which occupies an area between anv two specified points of a Watercourse or
a Sump Area.
WATERCOURSE. A river. creek stream. channel or other topographic feature in. on.
through, or over which water flows at least periodically.
Ordinance No.28191-12-2025
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SECTION 2.
Chapter 7, Article VIII, Division 3, Section 7-333 "Permit Procedures" of the Code
of the City of Fort Worth, Texas (2015), as amended, is hereby amended to amend subsection
(a) to be and read as follows:
(a) Application Requirements:
(1) No person shall proceed with development of property within the floodplain until an
application is submitted and a Floodplain Development Permit (FDP) is issued.
(2) Prior to issuance of the Floodplain Development Permit (FDP), or authorization to excavate
or fill in the floodplain, all required permits must be obtained by the owner from all State and
Federal regulatory bodies with jurisdiction in such matters. A copy of the appropriate agency's
approved permit must be provided to the City with the FDP application.
(3) Application for a Floodplain Development Permit (FDP) must be presented to the
floodplain administrator on forms provided on the City's website. The permit application must
include, but not be limited to, plans to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures, including the placement of
manufactured homes, and the location of the foregoing in relation to areas of special flood
hazard. Additionally, the following information is required:
a. An Elevation Certificate for structures on property located in or abutting the floodplain. The
certificate must be completed by a registered public land surveyor or professional engineer and
include the elevation in relation, to mean sea level, of the lowest floor including basement, finished
garage and lowest elevation of machinery or equipment servicing the building, of all new and
substantially improved structures. The certificate must be submitted within 60 days of completion
of construction or substantial improvement;
b. Elevation in relation to mean sea level to which any nonresidential structure shall be
floodproofed (floodproofing requirements are set forth in § 7-347(b));
c. Certification from a registered professional engineer or architect that the nonresidential
floodproofed structures shall meet the floodproofing criteria of § 7-347(b);
d. Description of the extent to which any watercourse or natural drainage will be altered or
relocated as a result of proposed development; and
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€e. For existing structures within the floodplain that do not conform to current floodplain
management standards, the Substantial Improvement or Substantial Damage Review Package
must be submitted to obtain the substantial improvement or substantial damage determination.
1. If the proposed work is determined to be a substantial improvement then the entire
structure must be brought into compliance with this article.
2. If the proposed work does not constitute a substantial improvement then the existing
structure may be improved (remodeled) without conforming to requirements in this
Ordinance No.28191-12-2025
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article. Once a property has been issued a floodplain development permit using the fifty
(50) percent rule, any additional improvements thereafter will be tracked over a total of
five (5) years. These improvements within the five-year period cannot exceed fifty (50)
percent of the fair market value of the existing structure at the time of issuance of said
first floodplain development permit.
(4) No application shall be accepted for review until the application meets the requirements of
this article, including all necessary documents and supporting information. Applications that do
not include all necessary documentation and supporting information shall be deemed
not complete.
SECTION 3.
Chapter 7, Article VIII, Division 4, Section 7-347 "Specific Standards" of the Code
of the City of Fort Worth, Texas (2015), as amended, is hereby amended to add subsection (k)
to be and read as follows:
(k) Compensatory Vallev Storage
(1) Watercourse. No reduction in Vallev Storage (0.0%) is allowed anvwhere within a FEMA
Special Flood Hazard Area (SFHA) and anvwhere the contributin4 drainage area is 64 acres or
greater (where a FEMA SFHA would eventuallv be mapped) when comvarin4 pre-proiect
(existing) to post-proiect (proposed) tODoaraphv using existing land use hvdroloay. Evaluation of
floodplain development permit applications for Vallev Storage in Watercourse areas will be based
on the following criteria:
a. A Vallev Storage impact analysis is performed as part of a Drainage and/or Flood Studv. in
accordance with the Stormwater Criteria Manual_ by comparing the pre-proiect (existing)
conditions and post-proiect (proposed) conditions tODoaraphv below the 1% annual chance "100-
vear", 20% annual chance "5-vear", and 100% annual chance "I-vear" water surface elevations,
respectively. For a proiect that would impact Vallev Storage to a SFHA that does not reauire a
new hvdrolmic analvsis. then the 1% annual chance and 10% annual chance "10-vear" peak
dischan4es may be used from the effective FEMA Flood Insurance Studv (FIS) or best available
data as determined by the floodplain administrator or their designee. Comvensatory storage and
related calculations are not reauired for proiects that do not involve aradina within the FEMA
areas described in 7-347(k)(1), for anv of the design storms specified in this section.
b. An eauivalent volume of Vallev Storage must be provided for each design flood, as
described in the Stormwater Criteria Manual, within the same Watercourse reach as the proposed
development. The Floodolain Administrator, or their designee, shall determine the proposed reach
limits.
c. Exceptions. Subsection (k) shall not apply to the followin4:
Ordinance No.28191-12-2025
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1. Construction of new roadways or widenin4 of existin4 roadways by the City.
2. Watercourses that are proposed to be within a Storm Drain Pipe Svstem at the upstream
limit of the SFHA (existing or proposed). as described in 7-347(k)(1)(a):
3. Outfall and intake structures,
4. Utility Crossings:
5. Bank stabilization activities, and
6. Maintenance, repair, or approved eauivalent replacement of existin4 infrastructure.
d. Trinity River. Development within the Trinity River Corridor shall be consistent with
Division 6 of this Article.
(2) Sump Areas. No reduction in Valley Storage (0.0%) is allowed at sites located within a
Sump Area for the 1% annual chance "100-year" design flood. Evaluation of floodolain
development permit applications for Vallev Storage in Sump Areas will be based on the followin4
criteria:
a. The 1% annual chance water surface elevation found in the FEMA FIS shall be used when
available. When not available, the Floodolain Administrator, or their designee, shall determine
the 1% annual chance water surface elevation.
b. The determination of compensatory Vallev Storage impacts consists of a flood studv
comvarin4 pre -project (existing) conditions and post-vroiect conditions tovouavhv below the 1%
annual chance water surface elevation.
c. Exceptions. If a floodolain development permit is reauested for one single-familv lot, the
flood studv reauirement may be waived by the Floodplain Administrator, or their designee, if the
home is constructed using a "pier and beam" or similar construction method to preserve flood
storage beneath the lowest floor.
d. An eauivalent volume of Valley Storage must be provided within the designated Sump Area
of the proposed development.
(3) Variances. A variance to the compensatory Vallev Storage requirements may be granted in
conformance with the provisions of Section 7-334.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (2015), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which
event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 5.
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It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 6.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 7.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and
all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of
the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption and Section 6 of this ordinance for two (2) days in the official newspaper of the City of
Fort Worth, Texas as authorized by Chapter XXV, Section 2 of the Charter of the City of Fort
Worth, Texas, and Section 52.013(a) of the Texas Local Government Code.
Ordinance No.28191-12-2025
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SECTION 9.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
M. Kevin Anders, 11
M. Kevin Anders. II (Dec 29.2025 10:03:30 CST)
Kevin Anders Jannette S. Goodall
Assistant City Attorney
ADOPTED: December 09, 2025
EFFECTIVE: January 23, 2026
City Secretary
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