Policy Considerations

Policy and regulatory tools provide near-term opportunities to reduce future flood risk and improve stormwater management. The TSI study evaluated plans, ordinances, codes, and development processes that may support the use of green stormwater infrastructure (GSI), nature-based solutions (NBS), conservation strategies, and future-condition flood risk considerations.

Conservation and Preservation Tools
The Conservation and Preservation Incentives for Flood-Prone and Environmentally Sensitive Areas Memo identifies tools used across the TSI Study Area and Texas to support conservation and preservation, including:

• Land acquisition and permanent protection tools – such as fee-simple, acquisition of flood-prone or environmentally sensitive properties, voluntary buyout programs for repetitively flooded properties, open space preservation programs, conservation easements, floodplain easements, and purchase of development rights
• Land use and development pattern tools – such as cluster development, conservation subdivision design, transfer of development rights, riparian or buffer area requirements, floodplain setbacks, environmentally sensitive area standards, tree preservation requirements, and subdivision regulations that direct growth away from constrained portions of a site
• Financial, infrastructure, and implementation incentives – such as stormwater utility fee credits, drainage fee reductions, tax abatements, expedited review, density bonuses tied to conservation outcomes, green infrastructure incentives, and other site-based incentives that encourage low-impact development and preservation of natural systems
  
  

Development Regulations and Ordinances
The following resources are focused on flood risk reduction policy considerations:

• Advancing Flood-Resistant Building Standards in North Central Texas
• Best Strategies for Flood Prevention in Development Codes
• Higher Standards for Floodplain Management
• Inventory of Freeboard Requirements in the Study Area
• Inventory of Valley Storage Ordinances in the Study Area
• Evaluation of Opportunities to Expand the Corridor Development Certificate Process into the TSI Study Area
  
  

Considerations include:

• Adopt enhanced flood-resistant building standards (e.g., those reflected in American Society of Civil Engineers 24-24
• Integrate the following land-use strategies into local ordinances and planning processes:

1. 1. LID and GSI initiatives to manage stormwater through infiltration, storage, and natural systems
   2. Impervious cover limits, flexible parking standards, and permeable materials to reduce runoff
   3. Conservation development and clustering techniques to preserve open space and minimize land disturbance
   4. Protection of environmentally sensitive areas, including riparian buffers, floodplains, and natural drainageways

• Adopt the following higher standards for floodplain management and infrastructure design:

1. 1. Increased freeboard (elevation above base flood elevation) requirements
   2. Protection or location of critical facilities outside high-risk flood zones
   3. Ensuring safe access and emergency ingress/egress during flood events
   4. Maintaining pre-development runoff conditions and requiring downstream impact analysis
   5. Applying “no-rise” or “no adverse impact” standards to prevent increases in flood elevations or velocities
   6. Preserving floodplain storage capacity through no-net-loss or compensatory storage requirements

• Adopt a regional framework to manage floodplain development (e.g., Corridor Development Certificate)

Planning and Development Process Integration
The following memos evaluate the legal and policy framework for flood mitigation in Texas, identifying state authorities, local planning tools, and opportunities for communities to strengthen flood prevention and resilience through planning, development regulations, and conservation practices:

• Statutes Supporting Local and State Flood Mitigation Policies
• Review of Local Flood Prevention Policy Documents

Results indicate that:

• Local Government Code provisions related to subdivision development, building codes, parkland dedication, and municipal authorities, along with Water Code provisions for stormwater and floodplain management, provide a strong legal foundation for integrating policy considerations into routine city documents and review processes.
• Conservation development, open space protection, landscape standards, streetscape GSI, and sensitive resource protection are among the strongest candidates for integrating policy considerations.
• Impervious cover and parking reform policies may require clearer local policy direction through comprehensive plans, zoning ordinances, parking standards, development review checklists, or design criteria manuals.

Existing Ordinance and Resource Inventory
The Ordinances Supporting GSI Table and Memo inventory and summarize local ordinances that support or incorporate GSI, NBS, higher floodplain standards, and valley storage requirements

Results indicate that:

• Stormwater ordinances and integrated Stormwater Management (iSWM)-based requirements provide the strongest and most consistent mechanisms for integrating GSI/NBS. 
• Zoning, landscaping, and subdivision codes play a critical supporting role by preserving natural features and enabling site-scale GSI.

The attachments below outline key policy recommendations, explaining their benefits, and providing sample language and references to help jurisdictions strengthen and align their flood prevention management practices.

Inventory of best practices/higher standards for flood prevention in development codes and floodplain management ordinances table (Table)

Inventory of adopted freeboard amounts across the TSI study area (Table)