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Fill Dirt - New Construction


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Does anyone here know the laws regarding if and how much developers are allowed to raise the land they are developing? I ask because on 16th street west of Beall, the well-known Heights builder that starts with a "Tri" has raised two seperate lots by what looks to be about 6 inches or so of dirt. Is this legal considering the area is in the 100 yr flood plain? Also, the developer of the large parcel of land at the corner of 15th and Beall also brought what looked to be a convoy of dump trucks onto the property on Saturday before the rain came. Can they do this?

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definitely legal but the resulting drainage should be directed so as not to flood the neighbor(s).

The building code requires that the drainage can't be into a neighborhood's yard, and, from what I understand, the city inspectors have actually been fairly rigorously enforcing that requirement (if no other ones) in the Heights. Often, in the Heights, the ground surrounding an existing house gets built up over time, so they may just be leveling the lot, especially if they tore down a real house to build a tri-crap one.

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The building code requires that the drainage can't be into a neighborhood's yard, and, from what I understand, the city inspectors have actually been fairly rigorously enforcing that requirement (if no other ones) in the Heights. Often, in the Heights, the ground surrounding an existing house gets built up over time, so they may just be leveling the lot, especially if they tore down a real house to build a tri-crap one.

enforcement has been random. one of the Mayor's assistants told a resident in my parents's hood that it wasn't enforcable anymore. nevertheless, the problem has been corrected after the assistant's e-mail was forwarded to city council.

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Redirecting water flow onto a neighbor's land is illegal, regardless of whether a city ordinance covers it. There is a long history of civil law that will back you up. The assistant that told your parents' neighbor that it wasn't "enforcable" really should not be practicing law without a license.

In this case, if Tri-... does not account for drainage changed by the new dirt level, hit up your councilman, permitting and anyone else that crosses your mind. It will get fixed fast. I promise.

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