Flood Damage Prevention Regulations

State law requires local governments to adopt ordinances or orders to regulate development within floodplains in order participate in the National Flood Insurance Program (NFIP), which is administered by the Federal Emergency Management Agency (FEMA). The NFIP provides flood insurance for development that occurs in areas that have been determined to be floodplains.

Regulations For Nueces County

The Nueces County Flood Damage Prevention Ordinance was passed to comply with the requirements of the NFIP and to minimize the threat to life and property resulting from flooding. The ordinance applies to those areas in Nueces County, which are outside the corporate limits of any town or city.

Floodplain

A floodplain, or area of flood hazard, is defined as an area that is subject to a one percent (1%) or greater change of flooding in any given year. (Also referred to as the 100 Year Flood.) These areas are shown on a series of maps that have been developed by FEMA and are available for viewing at the Department of Public Works

Permit Requirements

If a proposed development is in an area of flood hazard then no structure can be constructed or the land altered unless a Floodplain Development Permit has been issued.

Elevation Certificate

If a structure is to be constructed in a floodplain and Elevation Certificate will need to be furnished by the owner before the Floodplain Development Permit is issued. The Elevation Certificate is necessary to document the elevation of the lowest flood of all new or improved structures. The Elevation certificate and instructions are available from the Federal Emergency Management Agency or the Department of Public Works.

Elevation Certificate and Instructions.

Coastal High Hazard Areas

Certain areas of Nueces County, generally on Mustang Island and Padre Island, are designated as coastal high hazard areas due to high velocity waters from tidal surges and hurricane wave action. Special requirements apply to development in these areas. In addition, the provisions of the Nueces County Beach Management Plan may apply to development in a Coastal High Hazard Area.

Variance

The Commissioners Court can issue a variance from the Flood Damage Prevention Ordinance if it can be shown the ordinance requirements will result in undue hardship to the owner of the property.

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To view Nueces County's floodplain regulations click on
2022 Nueces County Flood Plain Ordinance (Adobe PDF)

 

To view Nueces County's floodplain permit click on
Floodplain Development Permit (Adobe PDF)

Related External Link:
FEMA: Guidance for Flood Risk Analysis and Mapping

Guidance for Flood Risk Analysis and Mapping (fema.gov)

FEMA: Answers to Questions About Substantially Improved/Substantially Damaged Buildings 

Answers to Questions About Substantially Improved/Substantially Damaged Buildings FEMA 213

U.S. Fish and Wildlife Service's Coastal Barrier Resources Act