A. 
Ordinance and fee schedule adopted by reference.
1. 
The City Council adopts the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as adopted on February 1, 1990, as amended on August 19, 1992, and as amended in the future.
2. 
The City Council adopts the fee schedule for the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual as adopted on February 1, 1990, as amended on August 19, 1992, and as amended in the future.
3. 
Compliance with the LCRA ordinance is required for the issuance or approval of concept plans, site development, building permits, and subdivision approval.
B. 
Administration and enforcement. The City Council designates the Lower Colorado River Authority as its agent for the administration and enforcement of the Lower Colorado River Authority Highland Lakes Watershed Ordinance Manual, as amended, within the city and within the extraterritorial jurisdiction.
(Ordinance 2025-O-650 adopted 1/9/2025)
This article shall be known and may be cited to as the flood damage prevention regulations.
(Ordinance 2025-O-650 adopted 1/9/2025)
The legislature of the state, 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 thereby promoting the public health, safety, and general welfare of its citizenry. Therefore, the City Council does hereby adopt and ordain the following floodplain management regulations.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
The flood hazard areas of the city are subject to periodic inundation which can 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.
B. 
These flood losses are caused by uses that are inappropriately placed and/or inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, also contribute to the flood loss.
(Ordinance 2025-O-650 adopted 1/9/2025)
It is the purpose of this article to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Protect human life and health;
B. 
Minimize expenditure of public money for costly flood control projects;
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. 
Minimize prolonged business interruptions;
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains;
F. 
Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas;
G. 
Ensure that potential buyers are notified that property is in a flood area; and
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ordinance 2025-O-650 adopted 1/9/2025)
In order to accomplish its purposes, this article includes methods and provisions to:
A. 
Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. 
Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
C. 
Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;
D. 
Control filling, grading, dredging, and other development which may increase flood damage; and
E. 
Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other lands.
(Ordinance 2025-O-650 adopted 1/9/2025)
The areas of special flood hazard identified by the Federal Insurance and Mitigation Administration (FIMA) of the Federal Emergency Management Agency (FEMA) in the current scientific and engineering report entitled, "The Flood Insurance Study (FIS) for Travis County, Texas and incorporate areas," dated January 22, 2020, with accompanying flood insurance rate maps (FIRM) dated January 22, 2020, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this article. This FIS and attendant mapping are the minimum area of applicability of this article and may be supplemented by studies for other areas which allow implementation of this article and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are on file at city hall.
(Ordinance 2025-O-650 adopted 1/9/2025)
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this article and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city from taking such lawful action as is necessary to prevent or remedy any violation.
(Ordinance 2025-O-650 adopted 1/9/2025)
This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ordinance 2025-O-650 adopted 1/9/2025)
In the interpretation and application of this, all provisions shall be:
A. 
Considered as minimum requirements;
B. 
Liberally construed in favor of the governing body; and
C. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ordinance 2025-O-650 adopted 1/9/2025)
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by human-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city, any officer or employee thereof, the state, or the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
(Ordinance 2025-O-650 adopted 1/9/2025)
Any construction, modification, improvement, land cut or fill in violation of this article is declared a public nuisance, and the continuation of such activity may be enjoined by a court of competent jurisdiction.
(Ordinance 2025-O-650 adopted 1/9/2025)
A. 
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day the violation exists shall constitute a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
B. 
Any person who shall knowingly or intentionally provide false information on any application required pursuant to this article shall be deemed guilty of a misdemeanor offense.
C. 
No building permit, certificate of occupancy, plumbing permit, electrical permit, or utility tap shall be issued by the city for or with respect to any lot, tract, or parcel of land within the city limits that does not comply with this article and other applicable regulations.
D. 
The building official or floodplain administrator may order the discontinuance of unauthorized construction or development by serving written notice of a stop-work order to any person engaged in or authorizing the work or by posting a stop-work order on the property adjacent to the unauthorized construction or development. In addition, the building official or floodplain administrator may halt all construction and development on any site upon which he or she finds a violation of this article by posting a stop-work order on the premises. All unauthorized construction and development shall cease until the building official authorizes continuance of the work.
E. 
Any person who removes a notice of violation or stop-work order posted pursuant to this article prior to correction of the deficiencies indicated thereon shall be deemed guilty of a misdemeanor offense.
F. 
This article may be further enforced by civil injunction and other civil and criminal judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken. Any person who violates any term or provision of this article, with respect to land, property, building, or development within the city, may also be fined as well as charged all other penalties, civil and criminal as provided herein and by applicable law.
G. 
Upon the request of the City Council, the city attorney or other authorized attorney shall file an action in the district courts to enjoin the violation or threatened violation of this article, or to obtain declaratory judgment, and to seek and recover court costs and attorneys' fees, and/or recover damages in an amount sufficient for the city to undertake any demolition, construction or other activity necessary to bring about compliance with a requirement regarding the property and established pursuant to this article.
(Ordinance 2025-O-650 adopted 1/9/2025)