Flooding Due To New Construction

[UnicornArch]

I know there's a law out there that says something to the effect that any new construction cannot cause flooding, or block the natural storm water drainage of the adjacent lots of existing development (my house was built in the 50's).

There's a huge house nearly built behind my house, and soon after construction started, particularly once the slab went down, my backyard has been continuously under water. This is especially true because of all the rain in the past few months. The problem is, that even between rains, the ground stays under water, even after all the neighbor's lawns have dried!!

The basic response I got from the builders was: We built that house to code....your problem.

And today from the Homeowner (paraphrased): "Sorry, I sympathize for you, but don't take this the wrong way, but it's YOU'RE problem, not mine. That's the cost of development. You should be thankful, 'cause I increased the value of your property by building this big house over here. My house is to code, and I can guarantee that your's is not".

Well, he must think I'm poor, and he's doing me a favor just because I live in a modest home. And as far as my house is concerned...unless I do any major remodeling, whether it's up to code or not, is not even an issue either. My property is uphill from his, and he admitted adding 60 yards of dirt to his backyard, so it's no wonder I'm damming up against his property.

Anyway, does anybody know where I can find that law? Ordinance?

Thanks.

BTW, I'm talkin 4 inches deep of standing water.

[tw2ntyse7en]

...

[Lowbrow]

I'm afraid I wouldn't have any knowledge of the ordinance but I can relate a similar story. One of the new developments out in pearland built up next to a trailer park. The first thing they did was add about 2 feet of buildup to the area. Then Allison came though and just about wiped out the trailer park even though historically it was supposed to be fine. The park sued the new subdivision and won. There wasnt any cash settlement but the subdivision did have to put in some pretty advanced drainage betweeen the two and a fairly large pump station as well. There hasnt been any issues since. Of course we also havent seen anything like Allison since either.

[MidtownCoog]

You should build a swale that send it all back to him.

[kjb434]

There is a state law regarding water rights typically applied to farmers. It is illegal to block water from reaching it destination. If the blockage is to occur, measures need to be taken to allow the passage of the water.

I work for developers all the time handling their drainage at the civil engineering firm I work for. Often we have to take into consideration for offsite drainage and whether we are going to impact someone.

Sadly, most inner city developers that are rebuilding neighborhoods are not build large enough developments to require drainage studies to be performed. And these are the situations that often see problems arise.

You do have some legal rights in your situation. You have to make sure you have pictures detailing the flooding that has occured in your back yard. Get some measurements of water depth also if you can. If you have any pictures of the neighboring property prior to the fill they place, it would really help also. Then you would have evidence that they placed fill material that's the cause of you problems.

As for as actual ordinance or state law numbers that reference your rights, I don't have them. I just know what i have to deal with to prevent law suits to us and our clients from drainage concerns.

Hope everything works out.

[Houston19514]

Section 11.086 of Title 2 of the Texas Water Code seems to apply:

[kjb434]

Thanks for the research. I hope he can solve his issue with this. The courts should be sympathetic in his case.

[uncertaintraveler]

If I recall correctly, a similar issue was on the July 2001 Texas Bar Exam, involving the building of a retaining wall, the cutting down of a pecan tree, and the impounding of water on a neighbor's land. Sadly, the examiner's comments (which I think are posted online at www.ble.state.tx.us) doesn't provide what "the" correct answer is for the issue (they never do...).

However, my uneducated guess is that the statute cited above would apply and, if you want to really delve into the issue, I'm sure there are plenty of cases that have interpreted that law.

[musicman]

Anyway, does anybody know where I can find that law?  Ordinance?

BTW, I'm talkin 4 inches deep of standing water.

<{POST_SNAPBACK}>

I will look. there is a city ordinance that regulates this....but you really have to push the city inspectors to enforce this. i know of one instance where one neighbor (old house) reported the new neighbor cause they said that the water from the new driveway flooded the neighbors. The new neighbor was forced to put in a curb which directed the water to the front of the property.

I believe the city ordinance directs water flow to the front of the property. I see if i can find out the number.

one thing i would suggest is to call your councilmember's office who should also know the ordinance number.

www.houstontx.gov/codes is the website for the ordinances.

[rps324]

It might be worth the investment to pay an attorney for a consultation at the very least.

[UnicornArch]

I will look.

[pineda]

If the lawyer-route proves to be a little too expensive and just not worth it, you might also consider hiring a landscape architect who could help you lay out a good plan of drainage for your property. They could help regrade it, build it up or even install french drains. It could give you a whole new perspective on the situation.

[kjb434]

Hope everything goes well. In dealing with developers a large subdivisions on daily basis, I have to constantly remind them of the issue of not negatively affecting someone elses drainage.