planning handbook for rural texas communities lcra

PLANNING HANDBOOKfor Rural Texas Communities

LCRA Board of DirectorsRobert W. Lambert, Chair

F. Scott LaGrone, Vice Chair

Ray A. Wilkerson, Secretary

G. Hughes Abell

Pamela R. Akins

Connie Granberg

Ann E. Jones

Patricia J. Kirk

Gale Lincke

Robert K. Long, Sr.

John H. Matthews

Arthur J. Milberger

Charles R. Moser

Rosemary Rust

General ManagerJoseph J. Beal, P.E.

The Board of Directors is composed of 15 members appointed by the

governor. Directors represent counties in the electric and water service

areas. The directors meet regularly to set strategic corporate direction for

the general manager and the staff, to approve projects and large expendi-

tures, and to review progress on major activities and industry issues.


Prepared by

Lower Colorado River Authority

Amy Minzner

Clover Clamons

Tom Hegemier, P.E.

Sam Medlock, CFM, AICP

Case Study Communities

We would like to extend our gratitude to the following

people for sharing their experiences with us. Their generos-

ity has allowed us to demonstrate ways that communities

can grow and change in sustainable ways:

Linda White

Anson Preservation League

Wayne Lisnbee, City Manager

City of Anson

Joe Montez, Economic Development Director

Bee Development Authority

Jessie Hamilton

Brownwood Preservation Partnership

Gary Butts, City Manager

City of Brownwood

Donald Hatcher, City Engineer

City of Brownwood

Eric Evans

Downtown Brownwood, Inc.

Meredith Wendele, Main Street Manager

City of Comanche

Janet Sheguit, City Manager

City of Cameron

Doug May, Economic Development Director

City of Fort Stockton

Jayne Hoff, City Secretary

City of Goliad

Mary Ann Thurman, Executive Vice President

Hall Voyer Foundation

Dan Gibson, City Planner

City of Lockhart

Ann Jones, Director


Stephen Abraham, City Planner

City of Lufkin

Nan Mathews, Main Street Director

City of Luling

Ruth Smith

City of Madisonville

Rick Williams, Economic Development Director

City of Nederland

Bob Vantil, Community Development Director

City of Taylor

Shelly Hargrove, Tourism Development Coordinator

Texas Department of Economic Development

Kim McKnight, State Coordinator

Texas Main Street Program

Danette Dunlap, City Secretary

City of Tye

Connie Selden, Economic Development Director

TIDC/TEDC

Jeff McCoy, Main Street Director

City of Van Horn

Lower Colorado River Authority Staff

We would also like to thank the following individuals for

their time and effort:

Chris Holtkamp

Community and Economic Development

Frank Morgan


Sarah Page


Gaylon Finklea Hecker

Corporate Communications

Debra Morgan

Corporate Communications

Acknowledgements

Chapter 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Chapter 2: Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Section 2.1: Planning For Water Resource Protection. . . . . . . . . . . . . 5

Section 2.2: Planning For Floodplain Management . . . . . . . . . . . . . 13

Section 2.3: Comprehensive Planning For Your Community. . . . . . 19

Section 2.4: Planning For Downtown Revitalization . . . . . . . . . . . . 27

Chapter 3: Public Involvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Chapter 4: Implementation Tools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section 4.1: Water Quality Protection Tools. . . . . . . . . . . . . . . . . . . . 43

Section 4.2: Water Conservation Tools . . . . . . . . . . . . . . . . . . . . . . . . 49

Section 4.3: Floodplain Management Tools . . . . . . . . . . . . . . . . . . . . 59

Section 4.4: Land Use Management Tools . . . . . . . . . . . . . . . . . . . . . 63

Appendix

Sample Zoning Use Table. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Sample Zoning Questionnaire. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Additional Agency and Organization Contacts . . . . . . . . . . . . . . . . . 79

Contents

Rural Texas is populated by towns and communities whose needs are

diverse and complex. There are communities struggling to main-

tain quality services in light of declining industrial and retail sectors,

aging populations, and consistent costs for city services. There are other

communities facing increasing populations, and therefore increasing

costs of services, without an equitable growth in their business sector

to provide needed revenues. There are also communities positioned well

for the future, with steady increases in population and tax base. They

must determine how to invest current and future revenues into their

community’s future.

Regardless of your community’s situation, you likely desire to foster

the highest quality of life for citizens at the cheapest cost possible. You

face the economic realities of providing services to small populations

where the urban economies of scale are absent, causing you or your City

Administrator to use creative solutions to local problems including

cooperative purchasing, the use of grants and loans, and reliance on

volunteers. Finally, you may be like many rural communities and have

historically avoided using physical planning and development regulations

to guide expenditures and policy decisions. Generally, this avoidance is

due to a lack of applicability, necessity, and political support.

This handbook was written for citizens of rural Texas. Its purpose is

to explain and illustrate how physical planning can be used to advance

the interests of rural Texas communities. Over the last twenty years, sig-

nifi cant changes have been made to watershed planning, comprehensive

planning, zoning, water conservation ordinances and many other plan-

ning tools. Planning can provide real benefi ts to rural communities but

these tools often have been underutilized in rural areas because of a lack

of applicability, exorbitant consultant costs, or a lack of citizen support.

Whether your community is growing or declining, this handbook can

be used as a fi rst resource on rural planning. Rather than skipping

straight to explaining how to do planning or how to use the implemen-

tation tools, this handbook provides information to help you decide

whether planning and/or ordinance development is appropriate for your

community’s circumstances.

CHAPTER 1Introduction

1

Questions addressed in this handbook include:

■ What is included in the various

plans requested by citizens or of-

fered by consultants?

■ When are different planning and

implementation tools applicable for

rural communities?

■ How much should you expect to pay

for a planning or ordinance effort?

■ How can you explain your decisions/

actions to your citizens?

Also included in these discussions are:

■ examples of rural Texas communities

that have been successful in using

planning and implementation to

improve their quality of life or eco-

nomic standing

■ lists of Web site resources

■ examples of exemplary communities

so that you can examine the success

stories for yourself and determine

if there is applicability for your

community

PLANNING HANDBOOK

2

for Rural Texas Communities

1 While water resource planning and downtown revitalization can be included as elements of a comprehensive plan, they were written as separate sections in order to provide additional detail for the rural setting.

Municipal planning is a term that can encompass many

different types of planning. City councils and city staff plan

for infrastructure necessities, city service requirements,

budgetary needs, economic development, beautifi cation,

water quality and water availability, safety, etc. In this chap-

ter we have separated planning into four sections: water

quality planning, planning for fl oodplain management,

master planning for your community, and planning for

downtown revitalization.1 This division is based on general

fi elds of planning and consultant areas of expertise.

Water quality planning encompasses water quality, water

quantity, and fl oodplain management. These topics are all

interrelated since water resource protection must be planned

for in a coordinated fashion to maximize city and citizen

resources. All elements, including fl oodplain manage-

ment, should be considered and then each community can

prioritize their actions based on their unique situation.

Planning for fl oodplain management is a topic of criti-

cal importance for rural communities. Many commu-

nities do not have adequate fl oodplain maps and have

only the most basic of fl oodplain ordinances. This

practice leaves communities at risk for considerable

property damage and loss of life. The planning text

explains the basics of fl oodplain management and describes

ways that rural communities can address the dangers

inherent in fl ood-prone areas.

Comprehensive planning seeks to understand the citizens’

vision for their community and then clearly identify how

the vision can be attained. This vision is analyzed against

all city responsibilities to identify ways that implementation

can occur. Elements in a comprehensive plan may include

infrastructure, land use, economic development, housing,

parks, transportation, etc.

How to accomplish downtown revitalization is a topic that

has been written about extensively. What a rural commu-

nity should consider before beginning a downtown revital-

ization program has not. This planning section outlines the

advantages and disadvantages of investing resources in your

downtown, clarifi es resource requirements, and discusses

general principles that should be considered and included

in your plans before construction begins (i.e., walkability,

area theme).

CHAPTER 2Planning

3

.


4

Water Resource Protection planning covers the scopes of many water-

related issues including:

◗ Flood prevention and control

◗ Protecting your community water source (surface or groundwater)

◗ Preserving the availability and quantity of water for drinking, recre-

ational, and natural uses (lakes, river, streams)

◗ Allowing development to occur without affecting the health and

aesthetics of local water features.

Although these issues may seem unrelated, the common goal is to

preserve our water resources for the current and future population;

protect property, infrastructure, and habitat; and provide recreational

opportunities in the region. Every community, regardless of its current

size and growth potential will or already has had to tackle at least one

or more of the issues listed here. Combining these issues into a cohesive

plan will assist your community with addressing current and potential

water issues.

WHY PLAN TO PROTECT YOUR COMMUNITY’S WATER RESOURCES?In many rural communities, where growth has been slow and is projected

to remain low in the future, no emphasis is placed on planning for water

resources. However, it is within smaller, non-growing communities that

water resource protection plans are the easiest to accomplish and have

the most effectiveness. If your water resources are in good shape, plan

now to keep them that way by addressing any potential problems before

they begin.

In communities that lie just outside of major population centers, popula-

tion growth is expected to expand exponentially in the next fi fty years.

These once rural communities are now experiencing unexpected and

rapid growth pressures as the sprawl from larger cities extends outward.

Most rural communities have few or limited ordinances or planning

guidelines. Lack of planning can lead to random growth patterns lacking

a consistent theme, and potentially causing devastating impacts to both

existing resources and residents.

Rapid and undirected urbanization can affect all types of infrastruc-

ture (water, sewer, power, roadways) and signifi cantly increase fl ooding

potential while degrading the quality and character of creeks and water-

ways. Parks and recreational areas along creeks and waterways in rural

communities can also experience the negative impact of unplanned

growth due to increased stormwater runoff that can erode creek banks,

fl ood facilities, and contribute a foul odor to the creek. In some cases, so

much impervious cover is placed that rainfall has little opportunity to

C A S E S T U D Y

Growing communities

Growing, once rural towns around

the country can experience signifi cant

degradation to the creeks and water-

ways when development is unman-

aged. This has occurred in the Hill

Country due to its proximity to Austin

and easy access to the Highland Lakes,

which has prompted rapid growth

over the past ten years. Urban creeks

passing through the heart of these

towns are beginning to experience

erosion problems, degraded habitat

and water quality levels. The potential

impact to utilities, park amenities, and

roadways via creek erosion and fl ood-

ing may cost the city tens to hundreds

of thousands of dollars in repair and

rehabilitation in the near future.

SECTION 2.1Planning for Water Resource Protection

5

infi ltrate into the ground, resulting in creeks that go dry with fl ow only

during rainfall events.

Water conservation is the reduction of the overall demand for water and/

or an increase in water use effi ciency. While water conservation programs

are usually associated with larger cities, population increases are requir-

ing many communities who have never had to worry about water in the

past to wonder where their water will come from in the future. With water

conservation, as well as water quality protection, the situation is simple.

Water is a fi nite resource. The overall population of Texas is increasing

while our supply of clean, drinkable water is not. We must plan and

educate our citizens now so that the resources we have will still be avail-

able to us in the future.

WHAT ARE COMMON ELEMENTS OF WATER RESOURCE PLANNING?The ins and outs of each topic included in water resource protection

planning are discussed here. With each topic several types of programs

are presented. These may be used independently or combined with

several programs to create a very specifi c water resource protection plan

for your community based on your individual situation.

1 Nonpoint-source or Water Pollution Protection Programs

Nonpoint-source or water pollution programs aim to maintain or

improve the quality of water in creeks, streams, lakes, rivers, and ground-

water. The primary goals of most nonpoint-source or water pollution

protection programs include: limiting erosion, preserving natural areas

that buffer waterways (riparian corridors), ensuring that stormwater

runoff transports a minimum of pollutants, and protecting groundwater

from surface contamination. These programs also link directly to water

conservation by enhancing the available water supply. These are possible

programs your community can implement.

◗ Watershed planning study - identifi es natural resources and their exist-

ing condition, establishes threats, and develops recommendations to

manage growth and/or development.

◗ Rules, regulations, or an ordinance to limit the rate of stormwater

runoff to protect property, structures, and the receiving stream.

◗ Rules, regulations, or an ordinance to limit the amount of pollutants

washing off development projects to protect creek and groundwater

quality.

◗ Rules, regulations, or an ordinance to guide development processes to

limit impervious cover resulting in reduced runoff rates and improved

water quality.


6

C A S E S T U D Y

Where Planning could have

helped Austin

Austin’s urban creeks have essentially

become fl ow conveyance systems due

to intense development prior to plan-

ning and water resource protection

guidelines. Some urban streams

have become 10 times wider over

a 50-year period, eroding valu-

able habitat, recreational ameni-

ties, utilities, and private property.

The City of Austin has spent millions

of dollars to construct channel protec-

tion measures to prevent further ero-

sion and protect private and public

property and infrastructure on Little

Walnut Creek, Tannehill Branch, Fort

Branch, and Shoal Creek. Additional

funds were spent to purchase homes to

remove them from harms way, causing

the relocation of families from their

neighborhoods. While hindsight is

20/20, the majority of these funds

could have been saved and used

elsewhere with proper water resource

protection planning (i.e. stormwater

controls with development, fl oodplain

buffer zones, and appropriate drain-

age and development criteria).

◗ On-site sewage facility program - ensures proper design, installation,

and maintenance of wastewater systems.

◗ Baseline or Ongoing surface or groundwater monitoring - establishes

quality and quantity of water resources and verifi es that standards are

being met for a safe and usable water supply.

◗ Education and Outreach Programs – involves citizens of all ages in

water resource protection by raising basic awareness, educating

residents about the individual role they play in the water resource

protection, communicating specifi c messages about positive and

negative behaviors, and providing opportunities for the public to

actively engage in water resource protection and restoration. Educating

the development community on how to apply the rules and tools of

water resource protection is also an important part of any education or

outreach program.

2 Water Conservation ProgramsWater conservation may be practiced by an individual lowering his or

her personal water use or may be implemented by creating programs

that improve overall effi ciency and/or discourage wasteful water use.

Conserving water by simply using less, wasting less, or reusing more

reduces costs and postpones or eliminates the need for expensive and

potentially environmentally damaging water supply projects. Conserva-

tion is much less expensive than building new infrastructure like treat-

ment plants or pipelines. Consider some of the programs described here

as part of a water resource protection plan as they are economical, envi-

ronmentally friendly and, wise practices.

◗ Water Management Rules, regulations, or ordinances – these are

also known as drought contingency and water conservation plans.

They help to defi ne the current supply, and forecast future supply or

needs and establish procedures for dealing with the inevitable times of

water shortages.

◗ Landscape rules, regulations or ordinances – these can curb landscape

water use with new development by implementing the use of native or

adapted plants water wise irrigation techniques (See Water Conserva-

tion Implementation Section).

◗ Water waste rules, regulations or ordinances – this can help your

community identify and limit water waste (See Water Conservation

Implementation Section).

◗ Fixture replacement program – provides replacement low water use

fi xtures (faucet aerators, showerheads, toilets) to citizens with older

homes or businesses

Water Resource Education in

your community – start small!

If your community has a stormwater collec-

tion system (storm sewer, gutters, culverts)

it probably drains to a waterway. Help

citizens identify and protect the waterway

or watershed that the stormwater drains

to by sponsoring a storm drain marking

campaign. Markers that say things like

“no dumping – drains to Cow Creek” can

be affi xed directly to the storm sewer to

make folks aware of the potential conse-

quences of their actions.


7

◗ Financial Incentives – these programs lower the cost of implement-

ing a water saving measure to the citizen by rebating or lowering the

cost. Examples include rebates for installing low water use toilets and

clothes washers or a lower water rate for customers who meet conser-

vation criteria.

◗ Education and outreach – empower your community with the knowl-

edge and support to carry out your message and programs by helping

them understand what you are doing and how you plan to implement

your programs.

3 Floodplain Management ProgramsA local fl oodplain management program is required to participate in the

National Flood Insurance Program, as well as the Community Rating

System. Strong local fl oodplain management programs help to protect

people, property, and society from the dangers and costs associated with

unwise development.

A community’s Floodplain Management Plan should be a comprehensive

plan that describes how the community will deal with its fl ooding prob-

lems and protect the natural and benefi cial functions of its fl oodplains.

The plan should identify the major watersheds and watercourses within

the jurisdiction, the fl ooding problems associated with these water-

courses, and the measures being taken to minimize the fl ood risk for each

watercourse. Components of the plan should include the following:

◗ Floodplain Management Ordinance – to regulate development in the

community, requiring a specifi c permit associated with proposed de-

velopment in the fl oodplain. Any proposed fl oodplain development

should refl ect at least one foot of freeboard (additional elevation above

the base fl ood elevation) and not result in any increase in base fl ood

elevation or erosive velocities. All development in the community

should have to meet requirements addressing impervious coverage and

stormwater detention. The Model Floodplain Ordinance is discussed

in greater detail in Section 4.3, Floodplain Management Tools.

◗ Financial Incentives – can be made available to proposed development

projects that exceed local minimum standards by preserving and buff-

ering fl oodplains and riparian corridors.

◗ Community Master Planning – can preserve the fl oodplain and

prohibit installation of septic systems and the extension of infrastruc-

ture such as roads, water mains, and sewers into fl oodplains to discour-

age development in these risky areas.

◗ Flood Hazard Zoning – provides for the designation of the fl oodplain,

fl oodway, and fl oodway fringe for purposes of identifying prohibited

and permissible land uses in those zones.2 Water Use Statistics from the American Water

Works Research Foundation study – Residential End Uses of Water, 1999. AWWA Publication # 90781.


8

Where did water conservation

come from and where do we go

from here?

Water conservation is a concept that our

ancestors understood and that many rural

areas still take to heart. Cisterns were used

to collect and store rainwater. Water was

hauled from surface and ground sources

manually. These constraints forced most

to use only the water that was available

and could be carried by an individual.

Technological advances and changing life-

styles along with the low cost of water have

dramatically changed the way people use

and abuse water. In the past 50 years,

water use in Texas has risen from under 50

gallons per person per day to more than

300 gallons per person per day. So where

does it all go? Thirty-fi ve percent of water

used by the average person goes toward

indoor activities (toilets, clothes washing,

bathing, and cooking). Sixty percent is

used outdoors for watering lawns and

landscapes. Five percent is lost to leaks.2

In 1992, the plumbing codes in Texas

established the use of water conserving

plumbing fi xtures as standard by law.

Therefore, any home built after 1992

should come with indoor water conserva-

tion built right in. So where is the biggest

room for improvement? The landscape!

◗ Open Space Preservation Ordinance – can serve to require proposed

subdivision developments to provide a percentage of the developable

acreage as community open space, creating a community amenity,

reducing impervious cover, and providing needed stormwater detention.

◗ Education and Outreach – fosters an involved and informed citi-

zen and local business base to cultivate support for local programs.

Additionally, it supports a local community’s emergency management

planning and encourages fl ood insurance coverage.

◗ Emergency Management Program – is a critical local government

function incorporates all possible hazards, including those associated

with natural disasters.

◗ Mapping Program – refl ects the community’s existing map resources

and establishes the strategy to enhance and modernize those resources

with the goal of having all of the community’s waterways and fl ood-

plains digitally mapped with base fl ood elevations.

WHAT IS THE BEST WAY TO IMPLEMENT A WATER RESOURCE PLAN?Many tools and models are available for water resource protection, water

conservation, and fl oodplain management (see Chapter 4 for specifi c

information). Communities throughout the Central Texas region and the

country have adopted various ordinances, rules, and guidelines to protect

and conserve their water resources.

Since so many models are available, a suggestion is to review exist-

ing ordinances, rules, regulations, and programs from communities

with similar populations, growth rates, and geographic issues. Once a

compatible base model has been established, it can be easily modifi ed to

fi t the needs of your community. Learning from the experiences of other

communities is much less expensive than attempting to create your own set

of rules and guidelines. In addition, involving planning organizations and

other groups such as the Lower Colorado River Authority (LCRA) in your

process can bring experienced staff to the local team at a very low cost.

An important fi rst step will be the evaluation of the existing water

resources; their quality, threats, and anticipated current and future needs.

A review and evaluation of local water resources can pinpoint existing

problems, identify how they could be corrected, and suggest how this can

fi t into the community planning process. These processes must be done

to ensure that long-time residents do not end up paying for the impacts

of unmanaged development. Finally, communication is the cornerstone

of any planning effort. Citizens need to understand why a water resource

protection plan is needed to support the community planning process.


9

C A S E S T U D Y

Bastrop County and the

Community Rating System

Bastrop County may become the fi rst

Texas county to qualify for a fl ood

insurance rate reduction by achiev-

ing high community fl ood damage

reduction standards. Under the

Federal Emergency Management

Agency (FEMA) Community Rating

System (CRS), the fl ood insurance

rates for citizens and businesses can

drop by up to 45% if their community

exceeds minimum standards set by the

National Flood Insurance Program.

Bastrop County development standards

require one foot of freeboard, submit-

tal of elevation certifi cates, and specifi c

permit processes associated with pro-

posed development in the fl oodplain.

Additionally, Bastrop County partici-

pates in the Texas Colorado River Flood-

plain Coalition and takes advantage

of basinwide mapping, training, and

public education tools developed

through that cooperative effort.

WHO WILL LEAD THE WATER RESOURCE PLANNING EFFORT?As with any type of community planning effort, the local municipality

will lead the planning effort. The local government will have the ulti-

mate authority to implement the guidelines and therefore must have the

resources to approve, inspect, and enforce any rules and regulations.

The majority of the water resource planning process is very similar

to comprehensive planning. However, there are a few things that you

may want to consider. Many consultants provide comprehensive water

resource planning services to developers and communities. It is important

from a cost and quality perspective to identify consultants that can bring

economic growth planning and water resource protection experience to

the table. This will ensure that water resource protection and conservation

are an integral part of the community-wide planning process.

WHEN SHOULD YOU PLAN FOR WATER RESOURCE PROTECTION?There are many reasons for a rural community to become involved in

water resource protection and conservation planning. For many towns

adjacent to a larger city, increased development pressure has led them

to revise their land development codes and implement practices that

manage development to limit the impact on the local natural resources.

Other issues that can cause a community to consider their water

resources are:

◗ A major fl ood that damages signifi cant amounts or property and

causes the loss of life. Example is the 1981 Memorial Day fl ood in

Austin. After this event, the City of Austin passed a stormwater deten-

tion requirement for all future development.

◗ Rapid population growth that stresses the existing infrastructure. At

that point, the community includes water resource protection with

a comprehensive land plan to guide the economic growth to less

sensitive areas to reduce public infrastructure costs and protect their

natural resources.

◗ Signifi cant creek erosion along waterways.

◗ Changing state and federal regulations.

◗ Water shortages or drought that stress the capacity of water resources

and/or treatment plants. This can lead to the development of aggres-

sive water conservation programs to ensure water availability to each

house and attempt to limit large capital construction costs.

Recent changes in state and

federal stormwater regulations.

The current stormwater pollution preven-

tion rules, drafted by the United States

Environmental Protection Agency (EPA)

and enforced in Texas by the Texas

Commission on Environmental Qual-

ity (TCEQ) require a Stormwater Pollution

Prevention Plan (SW3P) for all projects

that disturb more than one acre of area. In

addition, many small communities that have

Municipal Separate Storm Sewer Systems

(MS4) are now required to be permitted

to operate those systems. These changes

became effective when the EPA introduced

the National Pollutant Discharge Elimina-

tion System (NPDES) Phase II stormwater

rules and turned them over to the TCEQ to

administer in 2000.


10

When attempting any type of planning process, there must

be community and political support for the action, the

fi nancial resources to implement and operate the program,

and the willingness to enforce the rules and ordinances on

the part of the elected offi cials. Without these components,

any benefi t from a water resource protection and/or con-

servation plan will not be realized. In addition, extensive

public outreach effort is necessary after adopting any

plan, rules, or ordinances to inform the intended audience

(homeowners, developers, builders, etc.) of the changes in

the community. Outreach can be accomplished by work-

shops, seminars, brochures, and public meetings and can

be very successful in explaining new programs, changes to

rules, and how the changes or new programs will affect or

benefi t the community (see chapter 3 for additional infor-

mation). Ultimately, the outreach will result in the conser-

vation and protection of water resources.


11


12

Planning for the reduction of losses from natural hazards

has been largely driven by concerns for public safety. Other

issues that justify such planning, including economic and

fi scal instability, are derived mostly from the consequences

of failing to adequately exercise the police power to

ensure public safety in the face of natural disasters. This re-

mains true even with planning for long-term recovery and

post-disaster reconstruction: The aftermath of one disaster

is simply the prelude to the next one.

Communities are increasingly recognizing that simply

responding to natural disasters, without addressing

ways to minimize their potential effects, is no longer an

adequate role for local government. Proactive planning to

characterize the hazard, assess the community’s vulner-

ability, and implement appropriate land use policies and

building code requirements is a more effective and fi scally

sound approach to achieving public safety goals related to

natural hazards.

Floodplains are resources of immense value to commu-

nities, providing the space for storage and conveyance

of fl oodwaters, open space amenities for recreational

activities, and habitat for diverse fl ora and fauna. They are

the settlement sites of most communities and provide the

natural resources to support many of our most productive

agricultural activities. They are areas of primary envi-

ronmental signifi cance and their health is essential to the

survival of many ecosystems.

The goal of effective fl oodplain management is to minimize

the danger to life and damage to property as a result of

occupation of the fl oodplain. Efforts to date have focused

on urban fl oodplain areas where a higher proportion of the

population lives, where development pressures are greatest,

and where local councils control development.

Floodplain management principles are also applicable to

rural areas, though with the possible need for a different

emphasis. As with fl ooding in urban areas, there is a suite

of available management, planning and mitigation options

which can be selected to address fl ood problems in rural

areas. In addition to the typical residential issues, such as

the chance of damage to farm houses, barns, and rural

residential development, the impact of fl ooding on agri-

cultural activity needs to be considered. Rural fl oodplain

management involves special problems associated with

scale, for example:

◗ the area of land being managed;

◗ the complexity of fl ood behavior over large land areas;

◗ the uncertainties associated with fl ood-related data; and

◗ the environmental values associated with fl ood depen-

dent ecosystems on rural fl oodplains.

LOCAL CONTROL = LOCAL RESPONSIBILITYAlthough the Federal Emergency Management Agency

(FEMA) administers the National Flood Insurance

Program (NFIP) and other federal fl ood-related programs,

the responsibility to effectively managing fl oodplains rests at

the local level. This local control of development is generally

embodied in a community’s code of ordinances through its

development, building, drainage and/or engineering codes.

It is the responsibility of each community to enact and

consistently apply its fl oodplain development standards. It

is also the responsibility of local offi cials to educate them-

selves and their citizens about local fl ood hazards.

The 76th Texas State Legislature passed House Bill 1018

which requires all cities and counties in Texas to enact

orders or ordinances necessary for the community to

participate in the National Flood Insurance Program no

later than January 1, 2001. A community joins the NFIP

by adopting and enforcing fl oodplain management ordi-

nances to reduce future fl ood damage. In exchange, the

NFIP makes federally-backed fl ood insurance available

to homeowners, renters, and business owners in participat-

ing communities.

FLOODPLAIN MANAGEMENT BASICSFloodplain management is a program of corrective and

preventative measures which reduce and avoid future fl ood

damage. Floodplain management, whether it employs

structural approaches such as levees and dams, non-struc-

tural approaches such as setbacks from rivers and streams,

or a combination of both, is intended to minimize the

property damage and personal injury that can result from

fl ooding. As a community develops, it is important to

consider fl ood hazards, fl ooding, and fl oodplains in the

land use, open-space, conservation, and safety elements of

a community’s comprehensive plan.

SECTION 2.2Planning for Floodplain Management

13

Economic losses from fl ooding, disruption of lives, and costly emergency

response are compounded by construction of housing and commercial,

industrial, and public facilities in fl ood-prone areas without adequate

protection. Rural areas, which have limited development, are ideal for

implementing nonstructural fl ood damage reduction measures since

implementation can be accomplished as development occurs. The high

cost of relocating people and facilities out of the fl oodplain can also be

minimized. In areas where it is not economically feasible or appropriate

to provide structural fl ood management measures, nonstructural mea-

sures should be considered. These include utilizing the fl ood prone areas

for parks, open space preservation, and ecosystem restoration areas.

Nonstructural fl oodplain management measures include zoning

regulations to control development; fl ood proofi ng structures by rais-

ing or protecting with dikes; relocating damageable property out of

fl ood-prone areas; acquisition of fl owage easements; and installing fl ood

warning systems.

MAPPING THE RISKIn addition to providing fl ood insurance and fl oodplain management

regulations, the NFIP identifi es and maps the nation’s fl oodplains.

Mapping fl ood hazards creates broad-based awareness of the fl ood hazards

and provides the data needed for fl oodplain management programs. It also

allows new construction to be actuarially rated for fl ood insurance.

Residents and decision-makers are not always aware of the actual level of

fl ood risk. The 100-year fl oodplain is a theoretical construct – in many

cases there is simply insuffi cient historical fl ood data to accurately judge

fl ood frequency. In addition, the 100-year fl oodplain designation is

commonly misunderstood by the public – it is simply a statistical prob-

ability, meaning that severe fl ooding may occur more than once in any

year and any number of years over a 100-year span. The National Flood

Insurance Program and fl oodplain mapping should be viewed as founda-

tions upon which to build robust local fl oodplain management policies.

PLANNING FOR THE DISASTER-RESISTANT COMMUNITY Land use decisions directly infl uence the function of fl oodplains and may

either reduce or increase potential fl ood hazards. The functions of fl ood-

plains include, but are not limited to, water supply, improved water qual-

ity, fl ood and erosion control, and fi sh and wildlife habitat. Development

within fl oodplains may not only expose people and property to fl oods,

but increase the potential for fl ooding elsewhere. Land use regulations

such as zoning and subdivision ordinances are the primary means of

implementing policies established to minimize fl ood hazards.

A fl oodplain is the lowland adjacent

to a river, lake or ocean. Floodplains

are designated by the frequency of

the fl ood that is large enough to cover

them. For example, the 10-year fl ood-

plain will be covered by the 10-year

fl ood and the 100-year fl oodplain by

the 100-year fl ood.


14

An essential element of pre-disaster planning includes identifying those

homes and business which are most vulnerable to fl ooding. The fl ood

history of a structure provides a general sense of its susceptibility to fu-

ture fl ood damages. Anecdotal information, such as the elevation of high

water marks from previous fl oods, can provide a sense of how high fl ood

waters reached in a given fl ood. That elevation can even be mapped on

a topographic map, providing an extent of the fl ood. Flood Insurance

Rate Maps (FIRMs), legal fl oodplain maps approved by FEMA, provide

communities with a more reliable depiction of their 1%-chance (100

year) fl oodplain, enabling local offi cials to identify fl ood-prone areas and

vulnerable structures.

Even so, experts estimate that 20 percent of the nation’s repeatedly

fl ooded homes are actually outside the mapped fl oodplain, suggesting

that fl oodplain mapping is still an imperfect science. As more accurate

maps come available, communities often learn that their fl oodplain

differs from previous versions of the map. This may be due to increased

development and impervious surfaces throughout their watershed. Some

rural counties which are now sparsely populated but are experiencing

signifi cant new growth have not yet been mapped at all.

Limiting development in fl ood-prone areas is the most effective way

to reduce the costs of fl oodplain development. Several recent U.S.

Supreme Court decisions have upheld local government zoning decisions

which restrict fl oodplain development so long as land use decisions are

“roughly proportional” to the problems they are designed to solve. Many

communities have decided to restrict development near fl oodplains to

protect water quality, enhance wildlife habitat, and provide opportunities

for recreation. In some cases, communities have permitted developers to

intensify development in already urbanized areas on higher ground in

exchange for an agreement to limit development in fl oodplains.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP)The most common means of planning to avoid or at least mitigate

fl ood damage is participation in the federal fl ood insurance program.

The Federal Emergency Management Agency (FEMA) administers the

National Flood Insurance Program (NFIP) which makes fl ood insur-

ance available to those communities which have joined the program and

enacted local ordinances restricting development within the 100-year

fl oodplain. The local fl oodplain ordinances must meet or exceed FEMA’s

regulations. As part of its program, FEMA prepares a Flood Insurance

Rate Map (FIRM) delineating the theoretical boundaries of the 100-year

fl oodplain (the area within which the statistical frequency of fl ooding

is believed to be 1 in 100 in any given year). These maps form the

basis for regulating fl oodplain development and the rating of fl ood insur-

ance policies.

Flood frequencies, such as the “100-year

fl ood,” are determined by plotting a

graph of the size of all known fl oods for

an area and determining how often fl oods

of a particular size occur. Another way of

expressing the fl ood frequency is the

chance of occurrence in a given year,

which is the percentage of the probability

of fl ooding each year. For example, the

100-year fl ood has a 1 percent chance of

occurring in any given year. To illustrate

this, imagine a jar containing 99 white

marbles and one black marble. Shake

the jar and draw a marble. Then, put the

marble back, shake the jar, and draw

again. In any given draw, you have a

1 percent chance of drawing the black mar-

ble. You can even draw it two or more times

in a row.


15

The responsibilities of cities and counties participating in

the NFIP include requiring that all new construction have

its lowest fl oor elevated to or above the “base fl ood eleva-

tion” (this is calculated in conjunction with the 100-year

fl oodplain delineation) and keeping records of develop-

ment occurring within the designated fl oodplain. Under

federal law, fl ood insurance must be purchased when

obtaining a federally-backed loan for a home within the FIRM

100-year fl oodplain. The city or county must submit a bien-

nial report to FEMA describing any changes in the commu-

nity’s fl ood hazard area, development activities which have

taken place within the fl oodplain, and the number of fl ood-

plain residents and structures.

Participating in the NFIP is no guarantee that a commu-

nity will escape fl ood damage, or that fl oods will not occur

outside the boundaries of mapped fl oodplains. The

program has a number of recognized shortcomings: FEMA

maps tend to underestimate the extent of the fl oodplain

(for example, FEMA does not take into account the effects

of future development when estimating fl ood potential)

and are not updated frequently enough to refl ect changes

in the watershed or fl oodplain. FIRM maps do not provide

for consideration of “buildout” for either upstream or

downstream areas which may affect local fl ood levels. If

these maps are to be used as a planning tool, they should be

updated using locally collected data to identify existing and

future fl ood levels.

WATERSHED MANAGEMENTThe philosophy behind watershed management - or

basinwide planning - is that thousands of individual land

use decisions have cumulative effects on fl ooding, water

quality and wildlife habitat. By itself, the decision to till

a farm fi eld, fi ll a wetland or build a parking lot has little

measurable impact on fl ooding. But, when combined with

thousands of similar decisions over hundreds of years and

hundreds of miles, the impacts can be devastating.

Many of the techniques used to address water quality have

been also used to reduce fl ood losses. In particular, commu-

nities have acquired fl oodplain lands, restored and protect-

ed wetlands, created buffer strips along streams, redesigned

fl ood control channels, and encouraged farmers to adopt

better tillage practices to reduce the rate at which water moves

off the landscape. In many cases, watershed-wide fl ood loss

reduction strategies have been selected because they are

often far less expensive, and more effective, than structural

solutions like levees and dams. In others cases, communi-

ties wanted to meet other objectives for rivers and streams,

including improved water quality and enhanced habitat for

river wildlife.

Floodplain management may be approached as a stand

alone program or as one component of the broader notion

of watershed planning, which also includes objectives such

as improved water quality, erosion control, fl ood manage-

ment and habitat conservation and enhancement. Where

possible, a community should take a broader watershed

approach to fl oodplain management which would result in

a coordinated regional approach to land use planning and

fl ood loss reductions. When incorporated into the general

plan, either as an optional element or as a section in the land

use, open-space, conservation, or safety element, fl oodplain

management principles will be refl ected as long-term devel-

opment policies.

CONCLUSION: WORKING TOGETHER MAKES SENSEWhile local councils and county authorities are respon-

sible for the management of fl ood-prone lands in their

jurisdictions, other organizations and agencies can, and

should, be involved in the development and applica-

tion of the local fl ood damage reduction and mitigation

strategy of your community. These other parties can

include schools, special districts, neighboring communi-

ties, citizen groups, media outlets, and many others. Part-

nered efforts result in greater achievements with less effort

and expense.

The Texas Colorado River Floodplain Coalition

(TCRFC) is a partnership of cities and counties in the

Colorado River basin seeking better ways to reduce and

mitigate fl ood damage. The Coalition was formed in

response to a combination of rapid growth, a greatly

expanded number of homes and businesses in the fl ood-

plain and devastating fl oods that have reoccurred in the

basin. The Lower Colorado River Authority provides

administrative and technical support to the Coalition.

More than fi fty communities from Brownwood to the

Gulf of Mexico coordinate their efforts to effectively

leverage funding opportunities, develop basinwide tools for


16

mapping and public education, and advocate for improved fl oodplain

policies at the state and federal levels.

In times of tight government budgets and of increasing public concern

about protecting public health, welfare, and safety, there is increasing

awareness of the need for comprehensive fl oodplain management and

recognition of the natural role fl oodplains play in storing fl oodwater and

mitigating destructive fl ood peaks. Local governments lead the way to

stabilizing fl ood risks by acting on their responsibilities to preserve their

fl oodplains to do what they do best – fl ood!

RESOURCESLower Colorado River Authority (LCRA)

http://www.lcra.org/

Texas Colorado River Floodplain Coalition (TCRFC)

http://www.tcrfc.org/

Texas Floodplain Management Association (TFMA)

http://www.tfma.org/

Association of State Floodplain Managers (ASFPM)

http://www.fl oods.org/

Federal Emergency Management Agency (FEMA)

http://www.fema.gov


17

.


18

WHAT IS A COMMUNITY COMPREHENSIVE PLAN?3

A comprehensive plan is often looked upon as a road map that can foster

the achievement of community goals. It is generally a long-range plan

intended to direct the growth and physical development of a community

for a 10 to 20 year period. The plan usually includes policies relevant

to various elements in the community such as transportation, housing,

recreation, public facilities, and land use. The plan almost always serves as

a basis for future physical development decisions. Plan recommendations

are supported by a set of goals and objectives drawn from existing condi-

tions and the desires and aspirations of the citizens.

Each plan you review will have similar, yet unique elements. The similari-

ties are based in the fact that humans, living in proximity, have certain

consistent needs (for example, infrastructure, housing, transportation).

The uniqueness of each planning document is due to the unique needs

and resources of each community, the individual style of the plan writer

and the community’s planning objectives.

Most comprehensive plans loosely adhere to the following outline:

◗ Base Study (history, regional context, environmental factors, economic

development, social characteristics, transportation, existing land use,

housing, parks, schools, utility system)

◗ Goals, Objectives, and Policies

◗ Future Recommendations (not all elements are always included)

◗ Urban design standards

◗ Future community facilities requirements

◗ Future parks, recreation, and open space plan and map

◗ Utility system plan and map

◗ Transportation system plan

◗ Housing plan

◗ Economic development plan

◗ Future land use plan and map (a graphic representation of the

community’s goals, objectives, and policies)

It is true that most plans have these elements. To the average citizen,

though, the elements are not always easily discernable. Depending on the

plan’s approach, the plan may be straightforward, clearly defi ning sepa-

rate goals for each subject area (e.g. economic development, land use) or

the plan may be more of an overall vision for the community, identifying

themes and goals for different districts/areas of town (e.g. downtown,

industrial district). The different planning paradigms are not determinant

3 Some text for this section was taken from “Introduction to the Comprehensive Plan” written by Alan M. Efrussy, AICP, in A Guide to Urban Planning in Texas Communi-ties (Texas Chapter, American Planning Association, 2002).

SECTION 2.3Comprehensive Planning for Your Community

19

Innovation

If you are considering revising your

local ordinances to include innova-

tive elements such as conservation

design (see Land Use Management

Implementation Section for additional

information), traditional neighborhood

design, or water resource protec-

tion, you should clearly discuss these

elements in your comprehensive plan.

The plan should include elements you

want to include and the objectives you

want to achieve through their adoption.

This will provide you with strong legal

and public support for later actions.

of your community’s planning success, since success (defi ned as fulfi lling

plan goals) is generally determined by the level of community buy-in to

your plan and the feasibility of implementation, not the plan layout.

WHY COMPLETE AND ADOPT A COMPREHENSIVE PLAN?The benefi ts of having a comprehensive plan for your community are

numerous. Fundamentally, planning for the future of your community

in a way that evaluates expected demographic changes, needed infra-

structure investments, and development patterns can maximize your

limited resources.

Cost savings can result from logically sequenced infrastructure projects.

If all future infrastructure needs are jointly discussed and planned for,

maintenance of sewer lines can be planned at the same time a street is

scheduled to be repaved, for example. Substantial savings in land acquisi-

tion costs and facility development are also feasible: for instance if you

are able to acquire land for public facilities in advance of development.

Not only can the city save money by using planning to better coordinate

city activities, planning can leverage additional resources. Many grant

applications require (or strongly encourage) that proposed projects be

compatible with the city’s overall development strategy. A comprehensive

plan can demonstrate a project’s importance to citizens and the future

of the community. Bond ratings are also infl uenced by the existence of

a comprehensive plan. The city’s bond rating may be improved if a well-

written plan is implemented for the betterment of the community.

In addition to maximizing your limited fi nancial resources, a plan can

ensure quality development and the preservation of your high quality

of life. Without a plan that is heavily infl uenced by public opinion, each

administration may choose to pursue different development strategies.

While there is nothing inherently wrong with this approach, many

projects take years to complete, especially in a rural environment where

volunteer and fi nancial resources are limited. If each council or mayor

decides to disregard the projects and ideas of previous administrations,

the danger exists that nothing will be carried out to fruition and precious

resources will be wasted.

A comprehensive plan provides a set of objectives that all elected offi cials

can support, especially since citizen participation provides credibility to

the plan. With one common framework for action, utility needs can be

matched with a community’s ability to provide utility service, coopera-

tion and coordination with other jurisdictions can be facilitated, and the

city can use the plan to show evidence of forethought if legal challenges

arise related to ordinance enforcement.


20

Cost Savings in Flatonia, Texas

The City of Flatonia (population: 1,403)

completed their fi rst comprehensive plan

in 2000. This plan included discussions of

Flatonia’s housing, economic development,

land use, park, and infrastructure needs.

The plan was used to create a prioritized

capital improvements plan, which saved the

city signifi cant resources. Money was saved

when the city secured grants to help pay for

needed infrastructure improvements and

through a logical pace and sequence of

infrastructure projects. Since the plan was

adopted, the city has completed $300,000

in projects.

Finally, understanding the needs and desires of a community’s citizens

increases the likelihood that the community will support city expendi-

tures. The citizens have a method to hold their elected representatives

accountable, which increases their level of comfort in relation to major

expenditures and innovative projects.

WHEN IS THE BEST TIME TO BEGIN THE COMPREHENSIVE PLANNING PROCESS?There are different triggers that indicate that you could benefi t from a

comprehensive planning process. These triggers include:

◗ major infrastructure investments will be needed during the next fi ve to

ten years

◗ there has been signifi cant change in population… lots of new residents

or a major shift in demographic characteristics

◗ there has been a major decrease or increase in sales tax and/or prop-

erty tax

◗ the majority of city staff and/or city council is new

◗ there has been a loss of downtown businesses

◗ a highway bypass or other major infrastructure investment is being

proposed or built

If any of these triggers are true for your community, you may want to

begin the planning process. Basically, any time change is occurring,

money will need to be spent, or change is desired, planning should be a

consideration.


21

An implementation success

story: Tye, Texas

Citizens of Tye (population: 1,165)

gathered together in March, 2002,

to discuss the future of their commu-

nity. Out of their facilitated meetings,

they created a 5-year strategic action

plan. During the last year, the city and

the Economic Development Corpora-

tions have completed nearly all of the

assigned fi rst year projects. Their

efforts included:

■ a very successful city-wide clean

up day

■ a new solid waste collection system

(including new trash receptacles and

an automated truck)

■ hiring a new lawyer and ordinance

offi cer to enforce current ordinances

and rewrite ordinances as needed

■ sponsoring a contest for a new

logo/slogan for the city

■ securing two new entrance signs into

the city

■ creating a new Web site for the eco-

nomic development organizations

■ beginning negotiations with a local

bank to open a branch offi ce in Tye

WHAT PROCESS IS FOLLOWED TO WRITE A COMPREHENSIVE PLAN?There are many resources available to communities that want to

understand how to carry out the planning process. First and foremost,

you can review the report, Comprehensive Planning for Small Texas

Cities. This document is available from the Offi ce of Rural and Community

Affairs (ORCA) on their Web site www.orca.state.tx.us/pubs.htm. It is an

in-depth guide to comprehensive planning that includes a discussion of the

elements of planning, the organizational structure of a plan, and tools

and procedures for developing a plan. Another way to gain insight into

the process and gather new ideas is to review other communities’ plans.

Many cities now have their comprehensive plans on their Web sites, so

it is easy to access these resources. If you fi nd a community plan that

you really like, feel free to contact that city and ask about their planning

process. Generally, city staffs are willing to share experiences and ideas

with other communities.

When the old plan no longer

serves… Lufkin, Texas

The City of Lufkin’s (population: 33,381)

last comprehensive plan was adopted in

1987. Since it was the only planning docu-

ment available, city staff has continued to

use it as a guide for city actions, including

justifying expenditures and the implemen-

tation of new policies. During the late

‘90s, the city council began to feel that the

comprehensive plan was no longer relevant

for the growing community of Lufkin. If city

staff was going to continue to work by

the plan, a new plan should be written to

accurately refl ect citizen concerns and city

needs. They approved that a new planning

process be undertaken and adopted the

fi nished product in 2001.


22

Monitor and Amend the Plan

Collect Data and Assess Existing

Conditions

Adopt the Plan Develop the Preferred Scenarios for Each

Element

Implement the Plan

Develop Goals and Objectives

Public Participation!

Develop Policies and Implementation

Strategies

WHO SHOULD BE INVOLVED IN THE PLANNING PROCESS?There will be multiple players involved in the planning process. All have

vital roles to play if the plan is to be successful.

Plan coordinatorIt is imperative that a plan coordinator be identifi ed. If at all possible,

the coordinator should be an individual or group of individuals who are

uninvolved with the community. Individuals from outside the communi-

ty can provide an objective perspective, establish an environment where

all individuals have a chance to be heard, and provide dedicated energy

to the project. In most rural communities, “hiring” a local plan coordina-

tor will require a volunteer to fi ll the role or an already over-committed

staff person. The result will likely be a plan doomed to failure because of

inadequate focus and attention.

There are many consultants that provide comprehensive planning servic-

es to communities. The exact defi nition of a comprehensive plan varies

between consultants so it is important that you and the consultant share

the same vision for your plan.

While most consultants work only for direct payment, there are consul-

tants that will work with you to apply for a Planning Capacity Grant from

the Offi ce of Rural Community Affairs. If you receive the grant, they will

write your plan at very little cost to your community. Some Councils of

Government and Lower Colorado River Authority also provide compre-

hensive planning services on a cost recovery basis.

Ultimately, the choice of plan coordinator will depend on the fi nancial

resources allocated for the planning process and a consultant’s ability to

quickly gain an understanding of local issues and needs.

If you are planning to hire a consultant, review the document written

by Anna Haines, “Hiring a Planning Consultant: A Guide to Preparing a

Request for Proposals” (#G3751). It is available online at www.uwex.edu/

ces/pubs. While the document is written for the state of Wisconsin, the

information is general enough to benefi t Texas communities. The RFP

(request for proposals) process is key to the success of locating the best

consultant for your project; therefore, it is worth taking the time and

writing the best RFP possible.


23

“Planning to Plan”

The process of developing and imple-

menting a plan is complex. It involves

many different actors, uses community

resources, and fosters a discussion on

potentially divisive issues. To under-

take a well organized, effi cient and

civil planning process that produces an

effective, consensus-based comprehen-

sive plan, many communities address

planning by fi rst “planning to plan.”

The planning to plan process helps a

community clearly agree upon several

critical decision points from the begin-

ning of the process including:

■ Why the community needs to plan

■ General topics the plan should

address

■ Who should be involved in the effort

■ Issues the community needs to learn

more about

■ Planning process steps and timeline

For more information on “planning to

plan” see “Preparing for the Compre-

hensive Planning Process” (#G3747) by

Mike Koles (www.uwex.edu/ces/pubs)

Steering CommitteeThe plan steering committee is equally important to the plan’s success.

The committee increases the plan’s authenticity, especially if an exter-

nal plan coordinator is used, since the local committee ensures that the

consultants’ recommendations are based on public input and are

realistic for your community. Committee members should represent a

diverse cross-section of the community (economic development, schools,

healthcare, local government, environment, cultural/recreational, etc.)

and should meet regularly with the consultants to review and provide

input as the process progresses.

When the plan is completed, the steering committee will recommend its

adoption to the city’s planning and zoning commission (if there is one) or

the city council. The act of recommendation signifi es that the committee

members have worked with the consultant, read the plan, and agree that

it is the best alternative for the future of their community. Once the plan

is adopted, the steering committee members should serve as plan ambas-

sadors. They are the most knowledgeable about the planning process and

the plan itself. Their willingness to communicate their knowledge with

fellow citizens, through presentations, informal meetings, and conversa-

tions over coffee, is directly proportionate with the support that citizens

give to plan implementation.

Planning and Zoning Commission (if there is one)Ideally, at least one member of the plan steering committee will also

be a planning and zoning commissioner. This individual can provide

additional feedback on the plan, and the entire commission will

review the steering committee’s recommendations in their entirety. If the

commission is in support of the plan, they will recommend it to the city

council for formal adoption.

The planning and zoning commission is the ideal body to implement the

comprehensive plan. Generally, it is included in the commission’s charter

that it is to facilitate planning for the community. Without a comprehen-

sive plan, this is diffi cult to accomplish. The existence of a comprehensive

plan actually facilitates the commission’s responsibilities. Once the plan

is adopted, it should periodically review the text of the plan, ensure that

their zoning and subdivision decisions are in line with the plan’s recom-

mendations, and encourage the city council to consider the plan’s recom-

mendations on a periodic basis. It is also the commission’s responsibility

to undertake plan updates at regularly scheduled intervals (1-3 years,

depending on local situation).

Hallettsville includes

diverse perspectives in its

planning efforts

Hallettsville, Texas (population: 2,298)

ensured the relevancy of its com-

prehensive plan by creating a plan

steering committee that encompassed

many different perspectives. On the

committee, a minister, a shift worker,

a councilman, the president of the

local Tax Payers association, a busi-

ness owner, the housing authority

administrator, a retired citizen, and

a major property owner all worked

together to craft goals and strategies

for the communities future. The com-

mittee was also diverse in age, gender,

and tenure in the community. When the

city council voted to adopt the recom-

mended comprehensive plan, it could

confi dently approve the plan because

of the interest groups represented in

the plan’s formation.


24

City CouncilThe city council must fi rmly support the planning process

and be committed to implementing the policies and recom-

mendations that result from the planning process. Support

for the process should include appointing a competent and

diverse steering committee, attending all meetings where

council members’ presence is requested, and communi-

cating with the general public about the importance and

validity of the planning process.

Once the council receives the fi nal draft of the compre-

hensive plan, each member should review it and provide

comment on areas where she/he has concerns or questions.

Before adopting the plan, the council must hold a public

hearing to hear what the citizens think about the plan

recommendations. Assuming that the plan is adopted, the

council should instruct the planning and zoning commis-

sion to periodically review and update the plan to ensure

that it is relevant and useful for city functioning.

TIMELINE EXPECTATIONS The length of the comprehensive planning process is vari-

able. Generally plans take nine to 24 months to complete.

The timeline will vary based on consultant availability,

the number and type of components included in the plan

(infrastructure planning generally takes more time to

complete), and the initial availability of data (for example,

fl oodplain data, parcel map, tax appraisal information).

Comprehensive plans often take longer than expected

because of the overlapping nature of the information. Since

many plan components build on each other, there is little

multi-tasking that can be done.

RESOURCE EXPECTATIONSIf you hire a private consultant, you should expect to pay

$50,000 to $100,000 for your plan. The variability in cost

depends on how many components are in your plan, the

extent of infrastructure planning, the amount of public

involvement, etc.

If you receive a Planning Capacity Grant, the primary

cost to your community will be local staff time (part-time

employee for the length of the planning process).

FUNDING SOURCESThe only grant currently available to help communities

pay for a comprehensive plan is the Planning and Capacity

Grant available from the Offi ce of Rural and Community

Affairs (ORCA). These grants are funded from Community

Development Block Grant (CDBG) funds. The grant cycle

is a 2-year cycle, with applications for the next cycle due in

September 2004.

EXAMPLES OF HIGH QUALITY PLANS AND PUBLIC PARTICIPATION PROCESSESBastrop

http://www.cityofbastrop.org/compplan1.htm

Buda

Kerrville

http://www.kerrville.org/ComprePlan/

Greenville, NC

http://www.ci.greensboro.nc.us/comp_plan/index.htm

RESOURCESHiring A Planning Consultant: A Guide To Preparing A

Request For Proposals

http://www.uwex.edu/ces/pubs

Comprehensive Planning For Small Texas Cities. The Offi ce

Of Community And Rural Affairs (Orca)

www.orca.state.tx.us/pubs.htm

Placemaking: Tools for Community Action

http://www.placematterstools.org/index.php

http://www.placematters.us/Placemaking/Placemaking_

v1.pdf


25


26

WHY PLAN FOR DOWNTOWN REVITALIZATION?There are many reasons why communities focus their energies on

revitalizing their downtown centers.4 First, there is something intangibly

attractive about having a focal point to establish a community identity.

Historically, downtown was the heart and soul of the community. Gener-

ally, communities want to recreate this image when they set about restor-

ing or creating a downtown center.

The secondary, but equally important, goal is to improve the city’s

fi scal position. The belief is that public investment can be used to leverage

private investment. By improving the look and quality of the downtown

sector and buildings, the mix of building uses will improve, including the

mix of retail stores. With an improvement in a community’s retail mix,

residents and visitors are more likely to spend their shopping dollars in

town, increasing sales tax revenues. A thriving downtown also increases

the attractiveness of a community to new residents and industry, which

benefi ts the local economy and the city.

Energy spent on downtown revitalization should be grounded in a sound

planning effort. Taking the time to plan your downtown revitalization

efforts is vitally important. Planning increases the likelihood of success

because consensus can be achieved early on in the process. If you can

reach consensus on the project scope, the assignment of responsibilities,

and project timelines before any money is spent, you will avoid unneces-

sary costs and increase the quality of your work.

WHEN SHOULD YOU BEGIN PLANNING?A steady decrease in downtown sales tax revenues or multiple vacant

buildings are strong impetus for downtown revitalization. It is also

possible that investment has begun to occur naturally in your downtown

area. If this is so, a revitalization program focused on infrastructure and

ordinances can allow your community to capitalize on this positive devel-

opment and protect the unique characteristics of the area.

A groundswell of support for downtown reinvestment is another good

time to weigh the pros and cons of redevelopment. It may not be the right

time for your community to invest signifi cant resources in the downtown,

but you should at least respect citizen concern and consider your options.

Finally, if development is increasing in your community but not in the

downtown, you may have a limited window of time to alter this trend. If

you can show that you are investing in the downtown area, you may be

able to sway new and/or relocating business owners into reconsidering

the downtown as a viable business location.

4 Information in this chapter is relevant for communities with historic downtown centers and new communities that do not have an established downtown center but would like to create one.

SECTION 2.4

Redeveloping a “Sense of Place”

in Van Horn, Texas

Van Horn (population: 2,310) considers

itself to be the smallest town to have battled

the negative effects of development sprawl.

Over the past 60 years, businesses and

homes have been built randomly along

the three-mile highway business loop that

surrounds the community. This sprawling

development pattern has led to a com-

munity without a focal point. In 2001, Van

Horn citizens gathered together to discuss

the community’s future. They decided that

redeveloping their downtown center could

provide citizens a sense of place and the

community an overall identity, as well as

encourage pride and investment in the

city. Since 2001, Van Horn has success-

fully applied for and been selected as a

Texas Main Street city. Van Horn citizens

also redeveloped three blighted lots into an

attractive parking lot, refurbished a dilapi-

dated building that is now being used as a

community art center and residence for the

center director, and are currently creating

a façade grant program. The downtown

revitalization program is in its infancy

but there is great promise that the sense

of place and unique character of the city

developed from its efforts will enhance the

thriving community.

Planning for Downtown Revitalization

27

WHAT ARE KEY ELEMENTS OF A DOWNTOWN REVITALIZATION PROGRAM?Downtown revitalization programs typically include elements such as

building renovations, streetscape projects (including sidewalks, benches,

lighting improvements), public art initiatives, pedestrian and bike trails,

infrastructure improvements, historic preservation efforts, and market

analysis. The specifi cs on how to implement downtown revitaliza-

tion projects can be found on various Web sites, learned from other

communities, from organizations, such as Texas Downtown Association,

National Main Street Program, Texas Main Street Program, and from

private consultants. A list of information sources is provided at the end

of this section.

The main purpose of downtown revitalization is to attract people

into the city center. There are many ways to entice citizens and visitors

downtown for the fi rst time, including promotional events and sales, but

equally critical to the success of your efforts is keeping these individuals

coming back. One way to do this is through a network of pedestrian-

friendly streets. When visitors feel comfortable strolling, eating, and

shopping on your community’s sidewalks, they will return again and

again. The following elements may be helpful in your efforts to attract

and keep pedestrians on your sidewalks.

WHAT IS THE BEST WAY TO PLAN FOR DOWNTOWN REVITALIZATION?Planning efforts generally follow a simple format: Defi ne your local vi-

sion for redevelopment, consider available project resources and private

demand for development, and then work to fi nd a winning balance for

the revitalization of your city center. This can be done most effectively by

forming a representative citizen steering committee as described in the

public participation section and following a traditional strategic planning

process.

The process should establish local support for your efforts (through

inclusive public involvement), clearly defi ne your vision and objectives,

identify priorities, and outline an implementation process. Successful

strategic planning is generally guided by a facilitator who is perceived as

unbiased and has had training in meeting facilitation. The individual can

be from the local area if they are perceived by all not to have a stake in the

outcome of the process. If there is no one available locally that fi ts this

description, you should consider asking your Council of Government,

the economic development staff of your utility, or a consultant for facili-

tation services.

Another option is to apply to become an offi cial Main Street City through

the Texas Main Street Program (Texas Historical Commission).

5 “Tax increment fi nancing (TIF) is a tool that allows local governments to fund development by borrow-ing against the future tax collections from a property,” Tourism Development Tipsheet: Tax Increment Financing, http://www.travel.state.tx.us/tdtipsheets.asp

Beeville’s Success

(population: 13,118)

In 1987, Beeville, Texas’ downtown

district was 30 to 35 percent vacant.

On the verge of losing another local

employer, city staff and the council

began to think creatively about rein-

vesting in this important area. They

were able to convince the business

owner to rebuild in the downtown area

by promising signifi cant investment

in the district. The city created a tax

increment fi nancing5 district and used

bond money (leveraged by future tax

revenues), an Economic Development

Administration grant, and city funds

to invest $750,000 in capital improve-

ments in its downtown. Since ’87, the

Tax Increment Financing district has

raised an additional $300,000, the

downtown district is now 95 percent

occupied, and the property values in the

area have increased by 500 percent.


28

6 This information was taken from articles written by Kent Robertson and Mark Brodeur. For additional information, see Pedestrian-Friendly Cities by Kent Robertson (October 1998) www.cardi.cornell.edu/cd_toolbox_2/tools/ped_friendly_cities.cfm and “Ten Tips for Designing a Consumer Friendly Down-town” in Planning (Mark Brodeur, April 2003, p.24-27).

SECTION 2.4Planning for Downtown Revitalization

29

T I P S F O R C R E A T I N G P E D E S T R I A N - F R I E N D L Y C I T I E S 6

The main purpose of downtown revitalization is to attract people into the city center. There are many ways to entice citizens and visitors downtown for the fi rst time, including promotional events and sales, but equally critical to the success of your efforts is keeping these individuals coming back. One way to do this is through a network of pedestrian-friendly streets. When visitors feel comfortable strolling, eating, and shopping on your community’s sidewalks, they will return again and again. The following elements may be helpful in your efforts to attract and keep pedestrians on your sidewalks.

1 Reduce traffi c speeds◗ Plant trees and other landscaping at strategic

places in the downtown, preferably at property lines in between downtown buildings or at corners/curb extensions so they don’t block storefront windows, canopies and signage.

◗ Pick the perfect street tree… You know it is perfect if it grows tall enough so that it’s canopy is higher than a building’s storefront, if it doesn’t attract birds or insects that could produce a mess on the side-walks, if it provides good shade for pedestrians, and if it has a non-invasive root system.

◗ Encourage new buildings to be constructed closer to the street rather than behind a parking lot. Historic downtown buildings generally have zero setback or are built to the lot line – you can encourage this pattern to continue.

◗ Alter the road surface approaching pedestrian crossings and make sure all intersections have pedestrian crosswalk signals on the traffi c lights as well as well-painted pedestrian crosswalks on the street pavement.

◗ Try to reduce the speed limit to 30 m.p.h.

2 Make intersections easier to cross◗ Build curb extensions, making sure that they are

built on the turning radius of truck traffi c, if you have any 18-wheelers or delivery trucks driving in the downtown area.

◗ Add center medians or boulevards to city streets.◗ Allow for mid-block crosswalks.

3 Add new or improve existing sidewalks◗ Keep sidewalks basic, smooth, and clean.◗ Require sidewalks in all new development propos-

als (including pedestrian-only linkages (walkways) between parking lots and main streets).

4 Furnish a clear pedestrian network◗ All sidewalks should go somewhere.◗ The network of sidewalks and pathways should

connect homes, the downtown, schools, parks, shopping, recreation, government offi ces, and services to each other.

◗ Establish an easy-to-understand way-fi nding program – including informational kiosks, maps of downtown sections and downtown as a whole, parking signage, etc. This program can be used as a type of public art.

5 Provide pedestrian amenities◗ Benches or ledges where people can rest, talk, and

people-watch. Make sure you carefully plan where the benches will be located so that they are acces-sible, yet not in the way of pedestrians.

◗ Human-scale lighting◗ Trees, planters, hanging fl ower baskets with land-

scape irrigation systems or a budget to have a paid full-time employee water the plants. The size of the planter will determine the amount of water needed – bigger is actually better because they do not dry out as quickly in the Texas heat.

◗ Waste/trash receptacles

6 Amend city ordinances◗ Permit cluster developments and proximity of

housing to other activities, including allowing for upper-fl oor residential development in all historic downtown buildings.

◗ Decrease parking ratios to prevent the predomi-nance of parking, while maintaining handicap parking spaces and ramps on sidewalks.

◗ Encourage parking behind or to the side of struc-tures to bring buildings closer to the street

WHO SHOULD BE INVOLVED IN YOUR DOWNTOWN REVITALIZATION EFFORTS?Generally, downtown revitalization efforts are staffed and funded by a

variety of organizations and individuals. All players who will be involved

in or affected by the revitalization should be involved in the planning

process (including citizens from the youth to the senior citizens). This

involvement is a key to creating the best plan for the future and encourag-

ing the greatest amount of community support. Citizens, and the organi-

zations they represent, must feel that they had a say in the action plan if

they are expected to work together in a complimentary manner.

For implementation, it is common for communities to establish a

non-profi t corporation to handle private donations, apply for grants,

and generally facilitate the development process. The corporation may

administer a façade and business signage improvement grant program

and/or a revolving loan program, publish shared resources (how-to work-

shops, guides, etc) for building owners, and organize events and activities

in the downtown area. Existing economic development organizations,

such as the Chamber of Commerce and the Economic Development

Corporation, also carry out these functions in some communities. Your

community will need to determine its own strategy for administration;

the actual structure is not as important as the fact that responsibilities

must be clearly understood to avoid confusion and “territory” battles.

These organizations should be key partners throughout every level of

downtown revitalization, especially in helping to recruit business or resi-

dents to downtown. Everyone needs to be on the same team, the home

team, with a shared vision for downtown.

Private individuals and groups can be involved by establishing revolving

loan funds for building renovations, donating to the non-profi t corpora-

tion established to facilitate the revitalization process, and by sponsoring

events and activities to promote the downtown and increase the number

of visitors to the area.

Public investment is crucial to the overall effectiveness of a downtown

revitalization program. While not always the case, generally a city must

sponsor improvements to the downtown’s infrastructure, such as streets,

lights, trees, irrigation, drainage, pedestrian amenities (benches, cross-

walks, sidewalks, public art). These improvements are vital to success of

the project; citizens and businesses must want to be downtown and the

improvements can greatly increase the attractiveness of your downtown.


30

Planning for Downtown

Brownwood, Texas

Downtown Brownwood (population:

19,400) is 85 blocks of historic build-

ings. Full build-out of the district was

completed when the city’s population

was more than 40,000. As the city’s

population declined, so did property

owners’ maintenance and investment

in the downtown district. By the year

2000, no concerted public or private

effort had been waged to combat this

decline and citizens were beginning to

discuss opportunities for improvement.

Through a combination of factors,

including citizen planning efforts,

downtown property owners interest

and involvement, conversations with

major employers about the need for

improved quality of life for employees,

and an availability of city funds for

investment, the Brownwood City Council

voted to fund a Master Plan for Down-

town Redevelopment. A consultant was

hired and the city worked through a

year-long planning process. In the end,

the City of Brownwood has a 20 year

plan, including a capital improvements

plan and designs for future develop-

ment. The fi rst year of implementa-

tion is under way – a park has been

built and the fi rst blocks of street and

streetscape improvements are about

to begin.

RESOURCE EXPECTATIONSDowntown redevelopment is rarely cheap. There are simple, inexpensive

things that can be done to increase the area’s visibility, such as event plan-

ning, merchandising, and ordinance revision. However, if a concerted

redevelopment effort is undertaken, money will need to be allocated for

developing a plan and for project implementation.

The planning process can cost up to $50,000, but the product will vary

as well. The cheapest alternative is a strategic plan for your actions. This

will identify community priorities, establish goals and objectives, time-

lines and responsible parties. What you will not receive are urban design

guidelines, streetscape recommendations, or a capital improvements

plan. If you are an LCRA customer, you can work with LCRA to develop

this type of strategic plan for your downtown.

For $10,000 to $50,000, a private consultant, generally an architect, will

create an Urban Design Plan for the downtown area. This type of plan

includes land use recommendations, urban design guidelines, streetscape

recommendations, and an implementation plan (including timelines

and costs).

If your community decides to apply to be an offi cial Main Street City and

you are selected, you will be eligible for various forms of free assistance,

including building design assistance and general strategic planning.

For program implementation, your community should be prepared to

spend anywhere from $10,000 to millions. If you are working for a major

change in the appearance of your downtown area, you will likely spend

at least $500,000 to $1 million. This money should be funded through

public, private, and grant sources.

TIMELINE EXPECTATIONS The initial downtown revitalization program will generally take one

to three years to establish; this includes time for planning, fund-

raising, and implementation of initial projects. Once a program is in

place, administration should be ongoing to ensure that public invest-

ments are maintained and visitors and residents continue to have reasons

to visit the area.

Anson Preservation League

The Anson Preservation League was

created by a small group of private individ-

uals who were passionate about preserving

the historic and cultural heritage of their

community. Many of the League’s found-

ing members returned to Anson, Texas

(population: 2,556) during the 1990s after

years of absence. Together with commit-

ted residents, they were concerned about

the decline in the downtown district and

decided to work together with fellow

citizens to rebuild the area. With limited

public assistance, they have received a

grant to install historic lighting in the district,

have purchased two buildings through a

tax foreclosure sale, and are working to

rehabilitate and reopen the local theater.


31

FUNDING SOURCESThe federally funded Transportation Enhancement Act (TEA-21) is a

matching grant program that provides resources for streetscape projects.

This program is currently not funded by the U. S. Congress. However, it

was such a popular program that it may be funded in future years. The

local contact for the program is the Texas Department of Transporta-

tion. It will have the most up-to-date information on the program’s

details. Additional information about transportation enhance-

ments, including guidelines and program funding, can be found at

www.enhancements.org/.

If you can connect your downtown to nearby schools, you may be eligible

to apply for a grant through the “Safe Routes to Schools” program. This

state-administered federal program provides municipalities with money

for sidewalks and trails enhancements that provide children safe access

from their homes to their schools. The program has a two-year fund-

ing cycle, and the next deadline is December 2004. The largest award

of federal funds will be limited to $500,000; a 20 percent local match is

required. More information can be found at http://www.dot.state.tx.us/

traffi csafety/srs/default.htm.

Business Improvement Districts are privately funded districts created to

pool resources and benefi t the district. A district is a geographic group-

ing of commercial properties where the owners have agreed to assess

themselves in a manner that generates funds that can be used for virtu-

ally anything as long as the expenditures are related in some way to the

management, development, maintenance or promotion of the

district. (Business Improvement Districts (BIDs), Charles Law,

www.cardi.cornell.edu/cd_toolbox_2/tools/bids.cfm). Value can be

assessed based on property value or on street frontage. An additional

source of information for BIDs in Texas is the Tourism Develop-

ment Tip Sheet entitled “Public Improvement Districts and Municipal

Management Districts” published in April 2001 by the Texas Department

of Economic Development. (This and other tipsheets are available online

at http://www.travel.state.tx.us. Click on Tourism Development and then

Tip Sheets.)

Resources from the 4(b) sales tax, from chambers of commerce, and from

the city’s general fund also can be used. Some cities also have used general

obligation bonds to fund infrastructure improvements. If you are a Main

Street community, your building owners may receive assistance with

architectural designs for redevelopment.


32

Texas Main Street Program

One of the most direct ways to build

a successful Downtown Revitalization

program is to apply to become an offi -

cial Main Street City through the Texas

Main Street Program (Texas Historical

Commission). If your community is

selected, you will receive various forms

of assistance including:

■ Free comprehensive design assistance

■ On-site training

■ Economic development assistance

■ Interior space planning and merchan-

dising assistance

■ Grant writing workshops

■ Strategic planning

■ Resources assessment

The city must hire a full-time Main

Street Manager and fund the full-time

program for a minimum of three

years. In cities with a population under

50,000 residents, the average budget

is $55,000.

EXAMPLES OF GOOD PLANS/REVITALIZATION PROJECTSBrownwood, Texas

Brenham, Texas

Search the Thriving Hometown Network

http://216.197.97.151/search.cfm

USEFUL INFORMATIONPrint ResourcesDowntown Promotion Reporter/ Downtown Idea Exchange

Downtown Research and Development Center

28 W. 25th, 8th Floor

New York, NY 10010-2705

www.DowntownDevelopment.com

[email protected]

(212) 228-0246

OrganizationsInternational Downtown Association

1250 H Street, NW 10th Floor

Washington, D.C. 20005

http://www.ida-downtown.org

(202) 393-6801

National Main Street Center (Main Street USA)

1785 Massachusetts Ave, NW

Washington, D.C. 20036

http://www.mainst.org/

(202) 588-6219

National Trust for Historic Preservation

1785 Massachusetts Ave. NW

Washington, DC 20036-2117

www.nationaltrust.org

(202) 588-6000

Preservation Texas

P.O. Box 12832

Austin, Texas 78711

www.preservationtexas.org

[email protected]

(512) 472-0740

Texas Downtown Association

P.O. Box 203455

Austin, Texas 78720-3455

www.texasdowntown.org

[email protected]

(512) 472-7832

Texas Main Street

Texas Historical Commission

P.O. Box 12276

Austin, Texas 78711

http://www.thc.state.tx.us/mainstreet/msdefault.html

(512) 936-2315

Web SitesAn Annotated Webliography of Downtown Revitalization

Resources

(Compiled by the University of Hawaii at Mano)

http://sustainable.state.fl.us/fdi/fscc/news/world/0009/

drr.htm

Downtown and Business District Market Analysis

(Web-based toolbox)

Center for Community Economic Development, University

of Wisconsin Cooperative Extension

www.uwex.edu/ces/cced/dma

Let’s Talk Business

Center for Community Economic Development, University

of Wisconsin Cooperative Extension

www.uwex.edu/ces/cced/publicat/letstalk.html

Rural Downtown Revitalization

Rural Information Center, United States Department of

Agriculture

http://www.nal.usda.gov/ric/faqs/downtnfaq.htm


33


34

Involving citizens in government or civic decisions is a key

element in any successful planning or policy-making pro-

cess. Elected offi cials across the country have realized this

and are working to include the public in key community

decisions. They have realized that quality public input can:

◗ increase the likelihood that proposed solutions will meet

community needs

◗ lead to reduced expenditures because problems will be

identifi ed early in the planning process

◗ minimize public opposition since their ideas will be

incorporated in any plans or policy changes

◗ set in motion creative solutions to local challenges.

Inviting public involvement in local government is not

a new concept; every community has sent out a citizen

survey or held a public meeting to gather public input. If

your community is like most, though, citizen participa-

tion in these opportunities was likely low. The challenge

of public participation is not providing opportunities

for public participation, rather it is to create meaningful

participation opportunities and to convince citizens that

their opinions will affect the decisions made. This chapter

is focused on ways to invite and achieve meaningful public

participation.7

WHAT IS PUBLIC INVOLVEMENT?Public participation can take on many forms:

◗ passive and active public information techniques where

information is provided to the citizens by government, a

non-profi t agency, or civic organization

Example: Newspaper Inserts. A “fact sheet” can be included

in the local newspaper. This provides for community-wide

distribution of information and the opportunity to include

a public comment form.

◗ small and large group public input techniques where

information is gathered from citizens

Example: Coffee Klatches. Small meetings held within

neighborhoods, usually at a person’s home, to gather citizen

ideas on local problems.

◗ small and large group problem-solving techniques where

issues and solutions are discussed jointly by citizens and

city staff.

Example: Workshops. Informal public meeting that can

include a presentation and exhibits, ending with interac-

tive working groups.

Explanations of each of these techniques, including what

can go right and what can go wrong, can be found at

http://www.vcn.bc.ca/citizens-handbook/participation_

toolbox.pdf

WHEN SHOULD YOU SEEK THE PUBLIC’S INVOLVEMENT?Attaining high levels of public participation is not easy

but it is possible. One of the key elements of success is

beginning the process early. Before you ask what the public

thinks, you must show them that their opinion matters and

that you want to hear from them. If you have done this, they

will be willing to share their insight and perspective when

you ask.

On a particular project, gather public input at the begin-

ning so that you have the information to serve as a foun-

dation. Then, at critical points in the decision-making

process, invite the public to comment on the alternatives

you are considering.

WHO IS THE “PUBLIC?”When you want to know what the public thinks about an

issue, the fi rst question you must ask yourself is “who will

be affected by our decision?” Most likely, the group of in-

dividuals is much more diverse than you would fi rst think.

Anyone who will be directly or indirectly affected by the

outcome of the decision you are making should be included

in your public involvement process. Some of the interest

groups you might need to consult include:

◗ “old-timers” – they have lived in the community a long

time (can be young or old)

◗ “new-comers” – moved into the community recently

◗ youth

◗ minorities7 This chapter focuses on public participation on a project by project basis. There are also public involvement opportunities that require on-going citizen participation, such as serving on the planning and zoning commission or the school board. Methods for encouraging participation in these on-going efforts is somewhat different and beyond the scope of the chapter.

CHAPTER 3Public Involvement

35

◗ men and women

◗ property owners and renters

◗ business owners and clerks

◗ single parent/dual parent households

◗ elected leadership

◗ persons of varied income levels

◗ persons of varied political persuasions (conservative/liberal/

moderate)

◗ persons of varied geographic locations

◗ service providers for social groups (elderly/youth)

If you are going through the trouble of gathering public input, it

should be the highest quality, which means a well-planned and inclusive

process. Being inclusive ensures that the public will trust your claims that

you have considered and incorporated their input into your decision-

making process.

HOW CAN YOU ENCOURAGE PUBLIC INVOLVEMENT?One of the best ways to encourage participation is to build relation-

ships between yourself and the public before you want involvement or

input. This can be done through informal meetings, periodic updates on

organizational/council goals and actions, social events, etc.

Another fundamental action is to show that previous participation

mattered. If citizens can see the results of previous citizen/volunteer

involvement, they will be more likely to feel that getting involved is worth

the sacrifi ce. If there are no past experiences to encourage participation,

you will need to clearly outline how current participation will affect

future decisions. This will not be as powerful as past success but it will

encourage some new people to participate.

Directly related to project development, there are three ways that partici-

pation can be encouraged:

1 Go directly to community leaders and partner with them to request

participation from their constituents. Leaders embody trust. If the

leaders trust what you are doing, they will be willing to use their rela-

tionships to increase participation.

2 Consider various needs when planning meetings (i.e. time, meet-

ing location). The time a meeting is scheduled will determine who

can come; daytime meetings exclude most working professionals,

nighttime meetings exclude young parents and some shift workers.

You may need to vary meeting times to allow all to participate. The

meeting location is also critical. For groups that have traditionally felt

excluded by city hall, having a meeting in a school or church will likely

Brownwood citizens set the

local planning agenda

In 2000, citizens of Brownwood,

Texas (population: 19,400) gathered

together to discuss the future of their

community. Out of the discussion many

different priorities emerged for improv-

ing Brownwood’s quality of life. Since

a diverse group of individuals was

invited to participate in the planning

workshop and the workshop was inter-

active and engaging, citizens left the

planning meeting with the intention for

action. During the three years since the

plan was written, many of the plan’s

objectives have been met, purely by

the initiative of citizens. Each person

chose an area of action and moved

forward on implementation. One

action example is the local stadium.

A group of individuals felt that

improvements were needed at the

stadium. They held fund-raisers and

asked community alumni for donations.

Through their actions, they raised $1

million and upgraded the stadium to a

state-of-the-art facility.


36

encourage higher participation than having the meeting in council

chambers. Again multiple meetings in various locations may be the

ideal solution. If this is not feasible, selecting the most neutral location

is recommended.

3 Adopt a public involvement plan that follows this outline:

◗ Speak with those affected, early in the process

◗ Clearly and simply present the problem that needs to be addressed

◗ Clearly and simply present constraints

◗ Ask for solutions

◗ Present fi nding of public input process

HOW CAN YOU GATHER THE HIGHEST QUALITY PUBLIC INPUT?

1 Educate citizens on pertinent issuesYou must effectively educate citizens on issues being considered

before, during, and after decisions are made. Early in the planning

process, communicate with citizens, either through a meeting or in

print. Clearly and simply present the problem you are facing and any

constraints that exist to fi nding a solution. Include in your discussion

an overview of the objectives that you, as leaders, are trying to achieve.

This will encourage citizens to focus beyond how these decisions

affect their lives and onto how these decisions will affect the commu-

nity. Informing the public about why changes are needed, when they will

be made, and how they will affect their lives can build support for

your position and minimize the knee-jerk reactions that citizens may

have when they feel that their quality of life or fi nancial well-being is

being threatened.

The education can be done through various avenues: through stories in

the local newspaper, in a community newsletter, on an up-to-date project

Web site, or through meetings with civic and religious organizations.

2 Gather information The success of your information gathering will depend on the level

of citizen participation and the quality of information you receive.

Signifi cant time needs to be given to defi ning exactly what information

is needed from the public. You should only seek to gather informa-

tion that you actually need. Simple, short surveys are more effective

than long comprehensive surveys because a greater number of people

will send them back. A larger return rate will allow you to be able to

demonstrate more easily that the information you received was used to a

make a decision or set policy.

Proactive public involvement

in Goliad, Texas

According to the city secretary in Goliad

(population: 2,041), the City of Goliad

faces the challenge of public involvement

by casually talking with individuals about

their interests. “I speak in casual conversa-

tions, mentioning vacancies that exist on

various boards or committees, so that, if

we need to contact them in the future, they

will have some idea of why we would like

to include them on a particular board or

committee. After every casual conversa-

tion, I come back and make notes that I

can refer to later. These notes include their

interests since this is helpful when trying to

select a member that will be benefi cial to a

particular committee or board.”


37

Once you identify what you want to know from citizens, you can

determine the best method to use to gather this information. The

four main information-gathering methods (surveys, focus groups,

interviews, and steering committees) are described in detail in this

chapter, including when each method is most appropriate and specifi c

things to consider when using a particular tool. The fi nal preparation

for gathering information is writing the questions to be asked and

testing the questions for clarity and effectiveness. It is vitally impor-

tant to test the questions before using them. Asking a small group

of individuals to review the questions and then discuss them is very

benefi cial to the outcome of your effort. The discussion will indicate

where confusion exists and where clarifi cation could increase the success

of your instrument.

Common methods that are used to include citizens in public decision

include:Surveys

◗ Best used when you are trying to gauge general public opinion;

less labor intensive than other options

◗ Keep it short. Ask only what you “need” to know. Mail surveys should

not be longer than 2 pages

◗ Offer an incentive for responding

◗ How will you distribute the survey (make this decision based on

budget and public interest)

◗ Mail (pro: wide audience; con: expensive)

◗ E-mail (pro: inexpensive, quick response; con: not everyone has

access to e-mail)

◗ Hand out to passersby on the street (pro: guaranteed number of

responses; con: non-random sample)

◗ With presentations to interest groups (pro: guaranteed number of

responses; con: non-random sample)

Focus Groups

◗ Best used when there is a specifi c issue that citizens can discuss.

For instance, if your city is considering applying for the Texas Main

Street Program, before doing so, you will want to hear how the public

would view this action. Multiple focus groups, including downtown

merchants, downtown building owners, individuals volunteering with

economic development organizations, could provide this information

in a targeted and detailed way.

◗ You must plan to achieve the right mix of people at each meeting. Who

you invite should be determined by the topic to be discussed and any

known group dynamic issues. For example, if you are discussing your

community’s needs for additional housing opportunities instead of

randomly inviting individuals to different meetings, you might want


38

Public Communication

in Anson, Texas

(population: 2,556)

The City of Anson provides a good example

of how to use a communication campaign

to avoid major opposition to a change in

city policy. In 2002, the Anson Chamber of

Commerce became on affi liate of the “Keep

Texas Beautiful” program and the city

wanted to support their effort by increas-

ing code enforcement. Understanding that

code enforcement is a potentially volatile

issue, the City Manager produced a “Keep

Anson Beautiful Neighborhood Evalua-

tion” brochure. In this brochure, the history

of the effort and the city’s involvement were

outlined, the importance of beautifi cation

was explained, and a summary of local

ordinances was provided. Also included

was an evaluation form that citizens could

fi ll out and return. The evaluation form

allowed citizens to identify junk cars, junk

lots, and substandard structures in their

neighborhood. Since implementation of

the campaign, Anson has been able to

increase the safety and pride in their

community, without wasting time and

money battling opposition.

to hold one meeting with property owners and another meeting with

renters since their perspectives and needs are likely different.

◗ Attendees should receive invitations, the meetings should not be open

to the general public

◗ There should be a facilitator – His/Her role is to keep the discussion

moving and make sure that everyone has a chance to talk

Public Meetings

◗ Best used when you want citizens to help you problem-solve or when

you want public comment on a proposed document or policy

◗ Meetings need to be well publicized

◗ Newspaper articles, advertisements, and public hearing announce-

ments

◗ Church bulletins and newsletters

◗ Schools – fl iers can be sent home with children

◗ Fliers put up around town and sent to homes

◗ Consider translating all materials into Spanish or other language

spoken locally

◗ Meetings should be facilitated

◗ Structure meeting to encourage maximum participation

◗ Meeting should have a specifi c agenda and purpose that the public

understands

◗ Meetings should be held at various times and at various places to

encourage participation

Steering Committees/ Commissions

◗ Best used on long-term projects or issues.

◗ Each committee should be representative of the public; different eco-

nomic, educational, ethnic, social background, ages, and points of view

should be present in the group. Also, the group may want to include an

ex-offi cio member from the appointing body (generally, the City Council).

◗ Committee members should have an interest in the outcome of the

plan, but not a confl ict of interest

◗ The committee must have a clear purpose, assignment, and role – put

it in writing and distribute it to the group

Possible assignments:

◗ comprehensive and/or strategic plans

◗ budget issues (bond issue needs)

◗ economic development

◗ roads and bridges

◗ school issues


39

PUBLIC INVOLVEMENT SCENARIO

Economic Development

Sales Tax Ballot

If your community is trying to decide

whether to pass the 4b economic

development sales tax to fund down-

town capital improvements, you could

hold focus groups with downtown

merchants, business owners from

across the city, young families, etc. to

understand their support or reserva-

tions for the idea. You could also send

out a fact sheet and a general survey

to all residents asking citizens if they

would support the tax and, if so, how

they would like the funds generated to

be used.

◗ Terms for serving as a committee member should be

established at the outset so that citizens understand their

commitment level and so that there is a regular interval

to remove people from the committee if they are not

serving the general public interest.

3 Summarize fi ndings and provide themto the public

After you have gathered information from citizens,

you should build into your project timeline follow-up

communication. Clearly stating how the information

provided by the public was used to craft policies or make

decisions will validate the public involvement process. It is

critical to future public involvement efforts; if people know

that the input they provide will matter, they will be more

willing to participate. Also, communicating how informa-

tion was used can strengthen the city’s position if citizens

later oppose their policies. City Staff can explain that

current policies were based on public input and therefore

are justifi ed.

RESOURCESTransportation Research Board, Public Involvement

Committee:

http://trb-pi.hshassoc.com

Public Participation Handbook:

http://www.vcn.bc.ca/citizens-handbook/participation_

toolbox.pdf

Comparison of Public Participation Methods:

http://www.vcn.bc.ca/citizens-handbook/compare

participation.pdf

How to put the People in Planning:

http://www.uoregon.edu/~pppm/landuse/docs/toc.htm

Land Use Issues and Public Participation: Tips for Effective

Involvement:

http://www.ilsg.org/doc.asp?intParentID=2913

Civic Participation in Land Use Planning:

http://www.sustainable.doe.gov/landuse/civic.shtml


40

41

Planning is only successful when it leads to desired change.

The tools outlined in this chapter can be used to implement

planning goals and objectives, therefore creating an atmo-

sphere for change. Some of the tools are ordinances, others

are educational programs; each tool has an appropriate

time and place for implementation.

The tools are organized by topic, with the water resource

protection tools listed fi rst (water quality, water conserva-

tion, and fl oodplain management), followed by land man-

agement tools.

CONSIDERATIONS FOR SMALL CITIESIf you live in or work for a small city that is not currently

experiencing development pressures, there are a few things

that you need to consider. First, your community’s attrac-

tiveness to development is related to the level of your ordi-

nances’ restrictiveness. This does not mean that you should

not have development ordinances. If you want to encourage

development, you should prioritize your community goals

and incorporate only the most important goals into your

ordinances. Then your ordinances will protect key elements

of existing quality of life while not being so restrictive as to

discourage development.

Secondly, when writing or revising your ordinances, you

should consider local citizens’ response to change. If

citizens are reticent to change, an informational campaign,

which might include newspaper articles and discussions at

service organizations or churches, public meetings, and

a transparent process will be essential to gaining public

understanding and support.

Finally, the complexity of your ordinances should match

staff ’s ability to enforce them. It is better to have a simple

ordinance that is well enforced than a complex ordinance

that staff does not have the time or ability to enforce.

Inconsistent enforcement can lead to poor working rela-

tionships among city staff and citizens and developers. It

can also open the city up to legal challenges that are costly

and time consuming.

CHAPTER 4Implementation Tools

.


42

43

WHAT ARE WATER QUALITY PROTECTION MEASURES?Water quality protection can occur through various programs and

address signifi cantly different concerns in a community. Programs can be

grouped into the following categories:

◗ Public Education can be aggressively employed to improve a current

situation or prevent degradation of natural resources. This type of

program involves voluntary compliance by the homeowners, builders,

and developers based on information and tools provided by the oper-

ating agency.

◗ Technical Assistance can be provided to local communities to

assist them in the implementation of regulatory and public education

programs. This can be done by a state agency, planning group, or other

agency such as LCRA. In this scenario, the local community would

operate the program, but receive technical assistance from an expe-

rienced entity, easing the cost of the program and utilizing technical

skills to enhance program performance.

◗ Regulatory - This approach will require a developer to submit designs

and specifi cations in accordance with the program rules and technical

criteria. Typically a development permit is issued after compliance with

the regulations is demonstrated. Regulations can vary greatly between

ordinances and can focus on fl ood protection, ecological resource

protection, surface water quality, and groundwater quality.8

WHY IMPLEMENT WATER QUALITY PROTECTION MEASURES IN YOUR COMMUNITY?By performing effective water quality management, streams can remain

in their natural state, surface and groundwater quality can remain in

good condition, and fi scal impacts to the rural town can be minimized.

It’s important to keep in mind that protection of water quality costs much

less than restoration.

If your community implements the full range of programs and projects

to protect your resources, lifestyle, and community, you can expect:

◗ No increase in fl oodplain levels as a watershed urbanizes

◗ Creeks and water ways do not experience accelerated erosion, thereby

protecting parks, private property, infrastructure, and habitat.

◗ Maintaining water quality conditions prior to development and main-

taining recreational opportunities

◗ Future capital cost avoidance

8 A water resource protection ordinance will provide guidelines for development projects to manage the quantity and quality of stormwater runoff from their site. The purpose of the ordinance is to limit downstream fl ooding impacts from new develop-ment and runoff from the site.

SECTION 4.1Water Quality Protection Tools

What is a watershed?

A watershed can be defi ned as the area

of land that drains to a particular point

along a stream. Each stream has its own

watershed. Topography is the key element

affecting this area of land. The boundary

of a watershed is defi ned by the highest

elevations surrounding the stream. A drop

of water falling outside of the boundary will

drain to another watershed.


44

WATER QUALITY PROGRAM SPECIFICSEducation ProgramEducation programs typically are found in developed areas,

are voluntary and can be popular in nature, and attempt to

change the behaviors of the community residents to affect

a water quality improvement. Education programs are not

so much of an ordinance, but another vehicle to improve

local water resources and public safety with public input

and involvement. A major benefi t of this type of program is

the low cost and public good will if the program is properly

targeted and actively engages the public.

Education programs typically focus on water quality issues

rather than fl ood issues because individual homeowners

can change their approach in managing their living condi-

tions. Water quality education can include such topics as

not dumping motor oil on the ground or in a storm drain,

fertilizing after a rainfall instead of before a rain, using

organic fertilizer products instead of chemicals and always

following the labels, and disposing of trash properly. The

fl ood component of education is public safety and making

people aware of existing fl oodplains, low water crossings,

and the conditions that can generate fl ooding.

What components are included in education programs?

The program can operate via education programs in the

schools, at homeowner association meetings, in creek-side

cleanups, and on radio and television. In a small commu-

nity, the events can involve a good portion of the residents,

be fun, and very rewarding. An example is a cleanup of a

local creek or park, where at the end of the day, numerous

bags of trash have been collected, fun was had by all, and

lessons learned by personal experience.

An education program should be based on an assessment

of the water quality issues in the community and focus on

the areas that can make a difference. An example is a case in

Minnesota where a community obtained a ban on phospho-

rus in lawn fertilizer to protect the quality of their local lake.

Excessive phosphorus can lead to signifi cant plant growth,

algae problems, oxygen depletion, and impacts to fi shing,

boating, and swimming. The education outreach effort

led to the passage of a law that bans phosphorus in lawn

fertilizer. An outcome of the effort was that the community

did not need to spend $840,000 on stormwater ponds and

other structures to treat stormwater runoff before entering

the lake because the phosphorus ban exceeded the pond

pollutant removal benefi ts.

A disadvantage of education programs is that success in

water quality protection requires community-wide partici-

pation. Also, education does not limit impervious cover or

runoff amount from new developments, so runoff volumes

and pollution problems are unmanaged. The education

program can focus on limiting the homeowner’s impact

on the local resources by reducing the use of fertilizer,

for example.

Why this type of program?

An education program is relatively low cost, does not

require extensive technical training and skills, is positive in

nature unlike a regulatory program, and has the potential

to perform well when the community has the desire to pro-

tect an important natural resource. This type of program

requires a large level of community participation to make a

difference in improving water quality runoff.

When is the right time to implement an education program?

The program can be easily implemented due to its low cost,

especially if volunteers can be utilized to operate the pro-

gram. Many communities have a master naturalist program

or other civic groups that are searching for community

enhancement projects to improve their town. A good time

to start the program is when a strong project manager is

found and that person can initiate the program when it is

apparent there is an issue in the community.

Technical AssistanceTechnical assistance provided by an agency can support a

rural community in its regulatory and education efforts.

This can be a great method to begin water quality protec-

tion in your community at a low cost. The program can be

monitored to determine effectiveness and can lead to the

local community’s creation of its own ordinance, water qual-

ity protection program, and educational outreach effort.

Why this type of program?

This type of venture is a good way to test the waters for a

stormwater program, determine community interest, and

gauge program effectiveness.

45

What components are included in a technical assistance program?

The program involves the local community working with

an agency to inform builders and developers of the benefi ts

of water quality protection. This program can try to achieve

voluntary compliance on development projects if there is

not an ordinance already in effect. To do this requires the

educational component and involvement of the local agency

to establish workshops and meet with the local government

and developers to illustrate water quality protection for the

project and the benefi ts to the community.

This is not an ordinance, but more of an aggressive educa-

tion program to perform public outreach and attempt to

apply regulatory approaches on a voluntary basis to local

development projects. The benefi t is that many developers

will fi nd that simple measures can reduce runoff and im-

prove water quality, all at a minimum of cost. An example

is a 20 acre subdivision that was proposed in the City of

Marble Falls. The preliminary plan included curb and

gutter, an extensive storm drain system, and concrete ponds

to receive the runoff. By working with LCRA, the above

drainage systems were eliminated, the development plan

used conservation areas and grass fi lter strips to manage

stormwater runoff, complied with the LCRA ordinance,

and saved approximately $200,000 in development costs

when compared to the original plan. The revised plan

obtained variances from the City of Marble Falls on street

width and curb and gutter to reduce impervious cover

amounts to comply with the ordinance.

When is the right time to implement a technical assistance program?

This type of program can begin at anytime. A call from

your community to LCRA or other agency can initiate

meetings to determine if this effort is feasible and desirable

in your community.

Regulatory ProgramWhat elements are included in a regulatory program?

This is the most common type of water quality protection

program and typically requires management of the devel-

opment site during construction with erosion controls.

After construction is complete and the site is seeded and

stabilized, permanent water controls constructed during

the development process manage stormwater runoff for the

life of the project. This type of program is found in rapidly

developing areas and large cities.

The ordinance should be tailored for the protection of

local resources, based on an assessment of the surface and

groundwater resources. A regulatory ordinance should

encourage conservation design and low impact develop-

ment by suggesting low levels of impervious cover, the use

of natural areas and native vegetation to manage storm-

water runoff, and require a street drainage network that

promotes sheet fl ow and minimizes storm drain systems.

Innovative technologies such as pervious pavement, bio-

retention, rainwater harvesting, and grass fi lter strips

should be encouraged since they can be low in cost, require

less land than ponds, and be more aesthetically pleasing.

The goal should be water quality protection without requir-

ing ponds and other structural controls so the rainfall is

captured where it falls.

The ordinance also should include temporary sediment

and erosion controls during construction. By employ-

ing these innovative techniques, ponds and water storage

areas can be reduced in number, lessening the maintenance

burden and potential liability to a community.

Why adopt a regulatory program?

All development projects will follow the same rules and

regulations to ensure consistent approaches and equity

in development costs. By requiring all developments to

participate in the program, water quality protection is

maximized. An additional benefi t is that the developer

must pay to minimize their projects’ impact to existing

water resources, creeks and the community residents. This

is a great benefi t in that the town does not have to locate

funds to protect private property, homes, utilities, and

roadways that are threatened by erosion caused by unman-

aged development.

The costs of not having this type of program can be

increased fl ooding, accelerated creek bank erosion, loss of

infrastructure, and impaired water quality and habitat. This

is common for all the ordinance type programs.

There is also a long-term cost of this type of program:

maintenance costs. Typically, most regulatory programs

in the country rely on structural controls (ponds, water



46

holding basins, etc.) to temporarily detain stormwater runoff. Over the

years, these ponds can become choked with debris, trash, sediment, and

excessive vegetation. A maintenance burden can be placed on the rural

community, site owner, or homeowner association if they are responsible

for stormwater facility performance. In addition, lack of maintenance can

lead to standing water, sometimes at depths over three feet which pose a

safety threat to young children in the neighborhood. Also, standing water

can lead to health issues such as mosquitoes, and varmints.

Another challenge for a regulatory program is the requirement that

local political leaders enforce the ordinance evenly and fairly. There is a

good chance that many developers and builders will claim the ordinances

are unfair and costly and will drive economic development away from

your community. Special exemptions can not be granted or the program

will lose creditability and become non-effective. In addition, long-term

resources must be allocated to hire and train employees in plan review

and construction inspection. Finally, after ordinance adoption, an exten-

sive education program should be extended to the builders and develop-

ers to show them how compliance with the ordinance can be achieved at

a minimum of cost and why this benefi ts the community.

When is the right time to implement a regulatory program?

The ordinance should be developed prior to large-scale urbanization

occurring within the community. Another method of ordinance develop-

ment can come from the public, such as the citizens of Austin creating

and passing a water quality protection ordinance to protect the Barton

Springs Pool. It makes good sense to assess the local water resource condi-

tions, their sensitivity to development, and the potential cost of restoring

the water resources before writing the ordinance. It costs much less to

protect the water resources than to restore them.

Who should write the ordinance/program guidelines?

Most likely, your local government will need to lead the ordinance devel-

opment effort. The local government will have the ultimate authority to

implement the rules and regulations and therefore must have the resourc-

es to approve, inspect, and enforce the guidelines. Technical assistance can

be provided by organizations such as LCRA to assist the local government

in creating a watershed protection ordinance.

A strong project manager must be identifi ed and provided with adequate

resources to keep the process moving to completion. Steering commit-

tees, planning commissions, and advisory groups will play an important

role in the process. These individuals can provide perspective, establish

an environment for individuals to be heard, and provide energy to

the project.

Defi nition of Sheet Flow

Sheet fl ow is stormwater runoff that

fl ows across the ground at a shallow

depth, less than two inches, and is

not concentrated like you might fi nd

in a channel. It’s sort of like a shallow

broad wave moving across the ground

at a low rate of speed. The key benefi t

is that the fl ow is not concentrated.

47

There are many consultants that provide ordinance writing services to

developers and communities. It is important from a cost and quality

perspective to identify consultants that can bring economic growth plan-

ning and water quality protection experience to the table. This will ensure

that water quality protection and conservation are an integral part of the

community-wide planning process. Most importantly, an assessment of

the local water resources should be performed before the ordinance is

drafted, to ensure that the correct topics are covered in the ordinance in a

practical and effective manner.

Other opportunities include grants from planning agencies to support

your project. However, the comprehensive plan should be carefully

discussed so you know that your town is getting economic and water

resource protection planning in one package. Also, some Councils of

Government and the Lower Colorado River Authority provide compre-

hensive planning services on a cost recovery basis.

Examples of Good OrdinancesCurrently, the Texas Commission on Environmental Quality has a state-

wide stormwater management ordinance. The preparation of a Storm-

water Pollution Prevention Plan is required for all sites that disturb more

than on acre of land. State notifi cation is required if land disturbance

exceeds fi ve acres. A Stormwater Pollution Prevention Plan focuses on

temporary erosion and sediment controls during construction and the

stabilization of the site after construction with vegetation.

Local ordinances can be complex and diffi cult to understand if a

community, its developers, and its engineers are not experienced in the

water quality protection fi eld. Ordinances usually manage construction

activities, similar to the TCEQ rules, but then go one step further by

requiring controls after construction to treat stormwater runoff for the

life of the project. In general, a good approach is to begin with a simple

ordinance, provide training to developers and staff, and then modify the

ordinance as necessary. Good example ordinances include:

City of Lakeway Water Quality Protection Ordinance

Village of Bee Cave Water Quality Protection Ordinance

LCRA Nonpoint-Source Pollution Control Ordinance

ResourcesCenter for Water for Watershed Protection

http://www.cwp.org

Adopt Your Watershed

http://www.epa.gov/adopt/

National Stormwater Data Base

http://www.database.org/

Innovative Technologies

The City of Burnet (population: 4,936) and

LCRA are working in partnership under a

319 EPA grant to implement water quality

treatment facilities at the existing Galloway-

Hammond Recreation Center. The primary

site is almost 50 percent impervious cover,

and will use bio-retention areas (shallow,

less than 10 inches deep landscaped water

storage areas), porous concrete pavement,

rainwater collection from the large recre-

ation center rooftop, and grass fi lter strips,

to be in compliance with the LCRA Non-

point Source Pollution Control Ordinance.

The ordinance states that 70 percent of the

stormwater pollution caused by develop-

ment must be removed from runoff before

entering the receiving water body. The

listed technologies achieve this pollution

removal requirement without the construc-

tion of the typical pond that is greater than

four feet in depth and consumes a large

portion of the site area.



48

NEMO Nonpoint Education

http://www.nemo.uconn.edu/

USGS Water Resources Education

http://water.usgs.gov/education.html

State of Texas Construction Stormwater Permit

http://www.tnrcc.state.tx.us/permitting

LCRA Regulatory Programs and Education

http://www.lcra.org/water/regulatory_programs.html

49

Understanding that our natural resources, especially

water, are limited can be an important turning point for

any community. Unfortunately, this turning point is usually

brought about by an emergency water shortage or extended

drought situation. Becoming aware of the drinking water

resources in your community may prevent an emergency

shortage from occurring or allow your community to be

better prepared. Answering the following questions will

help your municipality determine which path it may need

to follow for water conservation planning:

◗ Does your water come from surface (lakes, reservoirs,

rivers) or ground (aquifer or springs) sources?

◗ Does each person or building have a well and a septic

system, or is there some type of distribution system that

provides treated water and/or sewage collection to the

community at a cost?

◗ Does your municipality own or operate any of these

systems?

If your municipality is the owner and responsible party for

drinking water, then you are most likely aware of the state

regulations that require each water system to have a con-

servation and/or drought contingency plan. These required

plans ask each water provider to understand its service area

and its water supply and plan for how their system will react

in a water shortage situation. These plans are usually the

fi rst step in any conservation planning.

If your municipality is not the owner or operator of the

water system then you may want to sit down with repre-

sentatives from the water system to make sure that they are

planning for the eventuality of a water shortage and to see

where or if your municipality can assist them with setting

and achieving water conservation goals.

The two ordinances that follow this introduction are very

good ways for a community of any size and any type of

drinking water source to promote water conservation

through good planning practices in the landscape. These

ordinances focus on water use in the landscape as it

accounts for more than 60 percent of municipal water use

in the United States during the warmer months. For most

of Texas, warmer months extend from April to October,

meaning that landscape water use is even greater here

than in other parts of the country due to our hot weather.

Establishing ordinances that set guidelines to promote

water conservation in outdoor water use and identify and

prohibit water waste will go a long way toward promoting

water use effi ciency in your community.

LANDSCAPE ORDINANCE What elements are commonly included in a landscape ordinance?A landscape ordinance is a planning tool that provides

additional guidance for site development for existing and

proposed landscapes. A landscape ordinance can be stand-

alone or can be included in a zoning ordinance.

There are two common types of ordinances, traditional

and progressive. Traditional ordinances provide for land-

scape as a screen or transition between development types.

Progressive ordinances address all areas that landscape

affects within community development.

Specifi cally, a landscape ordinance can include:

◗ Tree protection

◗ Screening to protect mixed development types (transi-

tion from residential to commercial)

◗ Minimum standards and specifi cation of plant materials

◗ Minimum standards for landscape irrigation

◗ Promotion of water wise landscapes

◗ Landscape water management (for dealing with times of

shortage/drought)

Why adopt a landscape ordinance?Landscape ordinances are another effective method to

ensure compliance with locally chosen design standards

to maintain and/or foster your community identity. Land-

scape ordinances can also be an effective tool in water

management for your community.

The primary reasoning behind most landscape ordinances

is to enhance the attractiveness of the community and

improve the quality of life for its citizens and visitors.

Secondary goals of landscape ordinances include breaking

up large expanses of pavement, providing visual relief with-

in urbanized areas, enhancing property values, fi ltering air

pollutants, and replenishing oxygen to the environment.

SECTION 4.2Water Conservation Tools


50

A landscape ordinance can express a community’s commitment to

protecting and improving its natural surroundings on a long-term basis.

Preserving natural surroundings are another way to show that a healthy

environment is a refl ection of a healthy community.

When is the appropriate time to adopt a landscape ordinance or revise your current ordinance?Any community without landscape standards may want to adopt or

revise your ordinances to include landscaping. Changes in development

patterns in your community toward increased urbanization may also

stimulate interest and need for a landscape ordinance so that develop-

ment types can coexist with landscaping as a screen or buffer. Finally, the

need to reduce water usage during times of shortage or drought may also

prompt revisions to incorporate water wise techniques into your land-

scape ordinance.

Whether adopting or revising any ordinance, there must be political and

citizen support for the action and a willingness to implement the ordi-

nance consistently on the part of elected offi cials. In addition, a commu-

nity may want to consider any additional requirements for review and/or

inspection that a new or revised ordinance will place on the staff of the

community. Inspection requirements may mean hiring additional staff or

providing additional training to existing staff. Finally, each community

should adapt its needs and wants in a landscape ordinance to circum-

stances found in that community.

What are the steps involved in adopting or revising a landscape ordinance?Adopt

The fi rst step toward adopting a landscape ordinance should be to

research and identify resources. These may be industry, national, state, or

local standards, laws, or regulations, other successful ordinances, and the

experience of other communities. The research should then be used to

establish objectives for the landscape ordinance. These objectives should

clearly defi ne the purpose of a landscape ordinance for your community

and state what it is you are trying to achieve.

Once objectives are established, gauge public perception on the need for

your proposed landscape ordinance objectives. It is very diffi cult to move

through any ordinance process without public support. Luckily, most

communities have little trouble fi nding public support for an ordinance

that seeks to enhance the attractiveness of the community and improve

the quality of life for its citizens and visitors. For more information,

please see the chapter on public participation.

9 From Louisiana State University’s School of Landscape Architecture – Green Laws Project – http://www.greenlaws.lsu.edu/

Landscape Ordinance Facts9

■ Local codes are often based on other

codes in nearby cities

■ Local codes vary, no two communi-

ties share the same code

■ Design components and technical

standards vary widely

■ There are three main types of local

landscape codes – tree management,

post construction landscape, and land

alteration

■ More codes are being enacted across

the country in small towns, suburbs,

villages and cities each year

■ Local landscape codes are evolving

and are becoming more compre-

hensive and adapted as overlay

zoning districts

■ Local landscape codes are generally

found in community zoning codes

■ There are very few people who study

these important laws

51

The governing body of a community may want to establish a “Land-

scape Ordinance Advisory/Stakeholder Committee” that will develop an

ordinance based on the established objectives. The advisory committee

should be composed of a variety of stakeholders – landscape industry

professionals, irrigation industry professionals, builders and developers,

members of the environmental community, business owners, residents,

neighborhood associations, water purveyors, and local business associa-

tions. If you are missing any of these experts locally, you should consider

hiring a consultant or working with LCRA.

Many of these individuals will identify themselves through the public

participation process. Each of these groups may provide insight into how

the proposed ordinance will affect the way they do business or conduct

their daily lives, which will shape the ordinance. Any community intend-

ing to adopt a landscape ordinance should also consult with its attorney

and a landscape architect for assistance, or have these professionals on

the advisory committee. If your community has a planning and zoning

commission, you may also want to involve them in the advisory/

stakeholder committee.

Following review by the stakeholders and your city attorney, the ordi-

nance is presented to the public for review and comment. The public

comment period is also a good time to educate the community about the

way the ordinance will work and how it may affect different groups. Once

a fair level of consensus has been reached, the city council should vote to

adopt the ordinance.

Education may be necessary after the ordinance is passed to ensure that

it is understood and used effectively in all development types within

your community. Education may take the form of workshops, checklists,

fl iers, or additional staff time in review. The governing body of your

community may also conduct six-month reviews of the ordinance until it

is agreed that the ordinance is working as desired.

Revise

If you already have a landscape ordinance and are considering revision,

consider any complaints that you hear regarding landscaping, as they will

facilitate the revision process by identifying problem areas.

You will need to follow a similar process to revise your landscape ordi-

nance as you did when adopting it for the fi rst time. Your community will

fi rst need to establish objectives. What is it about your current ordinance

that needs to be revised, improved or expanded? Also consider the feasi-

bility of achieving the objectives of your ordinance and how the revisions

will affect the way your community currently operates (additional review

and/or inspection time, hiring additional staff or providing additional

training to existing staff).

Opportunities: Waterwise

landscape techniques

for water management

Landscape water use can account for as

much as 60 percent of water used in a

community during the warmer months. By

adding a few items to a basic landscape

ordinance, you can create a very effective

tool for water management in your com-

munity while still providing for attractive

landscapes. Some items to consider adding

to a traditional landscape ordinance are:

use of proper design such as hydrozones

in planting and irrigation, requiring native

and adapted plant species for commercial

landscapes and recommending them for

residential landscapes, requiring mulch,

requiring a minimum soil depth for land-

scaped areas, and setting water effi ciency

standards for landscape irrigation systems,

like requiring rain sensors. (For more on

rain sensors see page 56.)



52

You will also need to work with a technical advisor and an advisory/

stakeholder committee. The technical advisor, who may be consultant,

a member of LCRA staff or a qualifi ed current staff member, should

facilitate a discussion with the committee about any problems with the

existing landscape ordinance, why the revision is being undertaken at

this time, and what objectives the community plans to achieve through

the revision process. The advisor and/or committee should then research

discussed problem issues, including examining how other communities

are addressing these issues, and recommend alterations to the ordinance.

Expect to spend a solid amount of time (2 to 4 meetings) discuss-

ing potential changes to the landscape ordinance. Depending on the

diverse interests of the committee members, a certain level of confl ict and

disagreement should be expected.

The proposal and adoption of the ordinance is the same as for a new

landscape ordinance (see page 50 ). However, you will need to keep

in mind that any changes to your landscape ordinance will need to be

reviewed against all other ordinances so that there is no confl ict or ambi-

guity with any proposed changes.

Timeline expectationsThe process of writing or revising any ordinance depends on the com-

plexity of your ordinance, your consultant or advisor’s caseload, and the

amount of public involvement you desire. In general, you should expect

the process to take at least six months.

Resource expectationsYou should expect to pay between $2,500 and $10,000 for your ordinance

work. The variability in cost depends on the breadth of your revisions, the

amount of public involvement, and the quality of the consultant, etc.

Examples of well-written ordinancesBuda, Texas

Cedar Park, Texas

Leander, Texas

ResourcesTexas Water Wise Council

http://www.waterwisetexas.org - assistance with landscape ordinances

Texas Nursery and Landscape Association

http://www.txnla.org

C A S E S T U D Y

Leander

The City of Leander, Texas (popula-

tion: 10,895) revised its ordinance in

2001 to address increased water use

and decreased water quality in runoff

from new residential developments. The

majority of revisions to the ordinance

centered on providing a minimum soil

depth for landscaped residential lots.

The minimum soil depth of four inches

of compost improved soil, provided

additional water retention in the soil

that prevented excessive runoff, and

allowed landscapes to use less water

while benefi ting from the added nutri-

ents in the compost.

53

Landscape Water Conservation

http: / /agg ie-hor t icul ture . tamu.edu/extension/xer iscape/

xeriscape.html

American Nursery and Landscape Association

http://www.anla.org

Texas SmartScape

http://www.txsmartscape.com

WATER WASTE ORDINANCE What elements are commonly included in a water waste ordinance?The purpose of a water waste ordinance is to promote the effi cient use of

water by prohibiting water uses which constitute water waste. The ordi-

nance should encourage reasonable use of a community’s water supply

by eliminating all intentional or unintentional water waste. A water waste

ordinance consists of a defi nition of water waste and the steps to prohibit

it through enforcement. A water waste ordinance can be a stand-alone

ordinance or can be included within a landscape, water conservation, or

drought management ordinance.

Specifi cally, a water waste ordinance can include:

◗ Defi nition of waste

◗ Time period that ordinance is in effect (year round or seasonal)

◗ Provisions for additional water conservation or drought management

◗ Enforcement mechanism

Why adopt a water waste ordinance?We live in Texas and drought is inevitable. The common saying about

Texas weather is that it is a constant drought interrupted by an occasional

fl ood. Many of us live on the fringe of what is ecologically considered

the desert. Folks who are used to the landscape techniques and water

availability from one area may try to apply those wherever they move.

For instance, it may have been fi ne to water until your lawn was fl oating

away in Beaumont, but that just won’t fl y in Boerne where water is a very

precious resource.

Any community whose local government is also responsible for its

water utility or is closely connected with the local water purveyor should

already have a water conservation plan and a drought contingency plan.

A water waste ordinance is most often used by communities in response

to drought, water shortages, population growth, and increased pressure

on water utilities. A water waste ordinance can be an effective tool in

water management for your community by identifying and correcting an

issue that may be causing your water utility a great deal of stress. If your


Defi nition of Water Waste

Defi ning water waste might be a diffi cult

task in your community. The City of San

Marcos defi nes water waste as “includes

but is not limited to allowing water to run

off into a gutter, ditch, or drain or failing

to repair a controllable leak.” While larger

municipalities like Dallas go to great lengths

to tie water waste to specifi c instances such

as, “an irrigation system or other lawn or

landscape watering device that operates

during any form of precipitation.” You

may want to start with the more general

and build to the specifi cs when revising the

ordinance in the future.


54

community is not in control of the water system and does not intend to

have a relationship with the water purveyor for the community, then a

water waste ordinance may not be an appropriate tool for you.

When is the appropriate time to adopt a water waste ordinance or revise your current ordinance?Any community that does control the water utility and is currently with-

out a water waste ordinance may want to adopt or revise your ordinances

to include a defi nition of water waste. Changes in development patterns

in your community toward increased urbanization may also stimulate

interest and need for a water waste ordinance by an overburdened

water utility. The need to reduce water usage during times of shortage

or drought may also prompt revisions to incorporate a strong water

waste ordinance.

Whether adopting or revising any ordinance, there must be adequate

support for the action and a willingness to implement the ordinance

consistently on the part of elected offi cials. In addition, a commu-

nity may want to consider any additional requirements for inspection or

enforcement that a new or revised ordinance will place on the staff of the

municipality or water utility. Additional requirements may mean hiring

additional staff or providing additional training to existing staff. Finally,

each community should adapt its needs and wants in a water waste ordi-

nance to circumstances found in that community.

What are the steps involved in adopting or revising a water waste ordinance?Adopt

The fi rst step toward adopting a water waste ordinance should be to

research and identify resources. These may be industry, national, state,

or local standards, laws, or regulations, other successful ordinances,

and the experience of other communities. The research should then be

used to establish objectives for the water waste ordinance. These objec-

tives should clearly defi ne the purpose of a water waste ordinance for

your community.

Once objectives are established, this is a good time to gauge public

perception and need of your proposed water waste ordinance objectives.

It is very diffi cult to move through any ordinance process without public

support. Unless your community has experienced or is currently experi-

encing water shortage problems this may be a diffi cult ordinance to pass.

For more information, please see the chapter on public participation.

The governing body of a community may want to establish an advisory/

stakeholer committee that will develop an ordinance based on the

established objectives. The advisory committee should be composed of a 10 Web site information for TCEQ water conservation

and drought contingency plan requirements are included at the end of this chapter.

Water Conservation

and Drought Contingency Plans

The state requirements for conservation and

drought contingency plans are managed

and enforced by the Texas Commission on

Environmental Quality (TCEQ – formerly

TNRCC)10. The water conservation and

drought contingency plans of any water

utility should be reviewed and updated

every fi ve years. If you are a water custom-

er of LCRA by purchasing raw or treated

water, you are also required to have an

LCRA-approved water conservation and

drought contingency plan that refl ects

LCRA’s water management plan compo-

nents. LCRA staff are available to assist

with the creation or revision of water

conservation and drought contingency

plans at no charge to customers in LCRA’s

water service area.

55

variety of stakeholders – water utility staff, irrigation industry profession-

als, builders and developers, members of the environmental community,

business owners, residents, neighborhood associations, and local business

associations. Many of these individuals will identify themselves through

the public participation process. If you are missing any of these experts

locally, you should consider hiring a consultant or working with LCRA.

Following review by the stakeholders and your city attorney, the ordi-

nance is presented to the public for review and comment. The public

comment period is also a good time to educate the community about

the way the ordinance will work and how it will be enforced. Once a fair

level of consensus has been reached, the city council should vote to adopt

the ordinance.

Education may be necessary after the ordinance is passed to ensure that

your community understands it. Education may take the form of bill

stuffers, fl iers, or additional staff time one-on-one with water customers.

The governing body of your community may also conduct six-month

reviews of the ordinance until it is agreed that the ordinance is working

as desired.

Revise

Unless your community is drought prone, it is unlikely that you already

have a water waste ordinance. However, if your water conservation and

drought contingency plans are currently a part of your municipal code,

you may want to revise them to include provisions defi ning and enforcing

water waste.

If your water conservation and drought contingency plans are a part of

your municipal code, consider any complaints that you have received, as

they will direct the revision process by identifying problem areas.

You will need to follow a similar process to revise any ordinance as you

did when adopting it for the fi rst time. Your community will fi rst need

to establish objectives for your ordinance. If you are revising your water

conservation or drought contingency ordinances, this is a wonderful

opportunity to determine what else about your current ordinance needs

to be revised, improved or expanded. Also consider the feasibility of

achieving the objectives of your ordinance and how the revisions will

affect the way your municipality or water utility currently operates.

Will the revisions prompt the requirement of additional review and/or

inspection time, hiring additional staff or providing additional training

to existing staff?

You may also need to work with a technical advisor, either hire a

consultant, work with LCRA staff or use qualifi ed municipal staff, and an

advisory/stakeholder committee. The technical advisor should facilitate


Texas WaterWise Council

Survey11

The Texas WaterWise Council con-

ducted a survey in 1998 of 1,000

municipalities in Texas. Of the 141

municipalities that responded, 53

percent have no water management

ordinance of any kind. Of those 53

percent, 80 percent intended to create

a water management ordinance within

the next two years.

11 From Toward a Model for Developing Effective Landscape Ordinances – Marilyn J. Good – Texas Waterwise Council

http://www.waterwisetexas.org/ordinances.htm.


56

a discussion with the committee about any problems with the existing

water waste, water conservation or drought contingency ordinances, why

the revision is being undertaken at this time, and what objectives the

community plans to achieve through the revision process. The advisor

and/or committee should then research discussed problem issues, includ-

ing examining how other communities are addressing these issues, and

recommend alterations to the ordinance.

Expect to spend a nominal amount of time (one to three meetings)

discussing potential changes to the water waste ordinance. Signifi cantly

more time would be needed to revise a water conservation and drought

contingency ordinances (three to fi ve meetings). Also, depending on the

diverse interests of the committee members, a certain level of confl ict and

disagreement should be expected.

The proposal and adoption of the ordinance is the same as for any new

ordinance (see previous section). However, you will need to keep in mind

that any changes to your water waste ordinance will need to be reviewed

against all other ordinances so that there is no confl ict or ambiguity with

any proposed changes, especially your landscape ordinances, and any

other water-related ordinances.

Timeline expectationsThe process of writing or revising any ordinance depends on the

complexity of your ordinance, your consultant or advisor’s caseload, and

the amount of public involvement you desire. In general, you should ex-

pect the process to take at least 6 months.

Resource expectationsIf you hire a private consultant, you should expect to pay between $2,500

and $10,000 for your ordinance work. The variability in cost depends on

the breadth of your revisions, the amount of public involvement, and the

quality of the consultant, etc.

Examples of well-written ordinancesSan Marcos, Texas

Dallas, Texas

Town of Cary, North Carolina

Tools of the Trade – What is a

Rain Sensor?

A rain sensor is a small device that can be

added to most automatic irrigation systems

that acts as a shut-off valve whenever

adequate precipitation occurs. Rain sen-

sors can be set to shut-off with as little as

one-quarter inch of precipitation. Sensing

devices can also include a shut-off based

on temperature so that irrigation systems

do not function during freezing conditions.

Rain or freeze sensors reset themselves to

allow the irrigation system to operate as

soon as the conditions that they provide

shut-offs for cease to exist. Sensing devices

cost between $9 and $30 depending on

the features. The requirement of rain sen-

sors on all irrigation systems is a very

effective tool in either a water waste or a

landscape ordinance.

57

ResourcesAssistance with water waste ordinances, Texas WaterWise

Council

http://www.waterwisetexas.org/

Drought contingency planning, Texas Commission on En-

vironmental Quality:

http://www.tnrcc.state.tx.us/permitting/waterperm/

wrpa/contingency.html

Water Conservation, Texas Commission on Environmental

Quality

http://www.tnrcc.state.tx.us/permitting/waterperm/

wrpa/conserve.html

Town of Cary, N.C.

http://www.townofcary.org/depts/pwdept/water/

waterconservation/ordinances.htm



58

59

The conceptual framework for fl oodplain management consists of

strategies that can be used to reduce fl ood losses to people and natural

resources. These strategies employ tools to reduce susceptibility to fl ood

hazards, reduce impacts of fl ooding on the community, and to preserve

and restore natural fl oodplain function.

Communities that participate in the National Flood Insurance Program

(NFIP) adopt and enforce fl oodplain ordinances that regulate the

elevation and location of structures in fl oodplains, the types of materials

used in construction, as well as other building and housing codes. These

ordinances assist communities in avoiding dangerous, uneconomic, or

unwise uses of the fl oodplain, thereby reducing future fl ood damages.

FLOODPLAIN MANAGEMENT ORDINANCEAn effective fl oodplain or drainage ordinance will have these purposes:

◗ Reserve suffi cient fl oodplain area for the conveyance of fl ood fl ows so

that fl ood heights and velocities will not be increased.

◗ Restrict or prohibit uses which are dangerous to health, safety or

property in times of fl ood or which cause increases in fl ood heights

or velocities.

◗ Require that uses vulnerable to fl oods, including public facilities which

serve such uses, be protected against fl ood damage at the time of initial

construction or substantial improvement.

Through the fl oodplain management ordinance, the community estab-

lishes the development permit and procedures requiring application for

a development permit for all new development and improvement. The

application should be accompanied by, at a minimum, a site plan, foun-

dation design detail, and an elevation certifi cate. Development cannot

result in an increase in base fl ood elevation or erosive velocities, and any

loss in valley storage must be compensated. There must also be specifi c

requirements regarding anchoring, construction materials, and the siting

of utilities. Lastly, the ordinance should articulate a specifi c and detailed

variance procedure.

The long-term goals of preventing and reducing fl ood loss and damage

can only be met if variances are strictly limited. Therefore, variance

guidelines should contain multiple provisions that must be met before

a variance can be properly considered and granted. Those provisions

should include, at a minimum, the applicant shows good and suffi cient

cause, that failure to grant the variance would result in exceptional hard-

ship, and that granting the variance would not result in increased fl ood

heights, additional threats to public safety, extraordinary public expense,

or create a nuisance.

SECTION 4.3Floodplain Management Tools

The NFIP ordinance requirement is

determined by the kind of fl ood haz-

ard identifi cation map that has been

provided to your community by the

Federal Insurance Administrator. Maps

were done by the U.S. Department

of Housing and Urban Development

(HUD) before 1979. The Federal Emer-

gency Management Agency (FEMA)

has produced and distributed maps

since then. The National Flood Insur-

ance Program Regulations – CFR, Part

60.3 - further tie the type and scope

of minimum local regulations to the

map types.


60

FLOODPLAIN MAPPINGFloodplain maps are administrative tools which depict minimum

elevations and setbacks for development and fl oodproofi ng. Minimum

development standards can then be incorporated into development codes

and local government planning and regulations. The Federal Insurance

and Mitigation Administration’s Hazard Mapping Division identifi es,

studies and maps the nation’s fl oodplains, and maintains and updates

Flood Insurance Rate Maps (FIRMs).

A fl oodplain map delineates the area that can be expected to fl ood with a

specifi c frequency. FIRMs generally show the 100-year fl oodplain or the

fl oodplain associated with the 1 percent of a chance fl ood. A fl ood can

occur at any time in any given year, the indicated fl ood level and extent may

be exceeded, and portions of the fl oodplain can fl ood more frequently.

Floodplain maps show the location of the normal channel of a water

course, surrounding features or developments, ground elevation contours,

fl ood levels and fl oodplain limits. Within the fl oodplain, cross-sections

show the water elevation during a 1 percent chance fl ood. A fl ood level

cross-section is a line which spans the fl oodplain, plotting the location

at which the fl oodwater is expected to reach the indicated elevation. The

elevation of fl oodwater between each cross-section can be interpolated.

The accuracy of the location of a fl oodplain as shown on a map is

limited by the base topography. It is generally assumed to be plus or

minus one-half the increment of the ground contours. Other sources of

water, roads or other barriers can restrict water fl ow and affect local fl ood

levels. As well, obstructions such as ice, debris, fl ooding in surrounding

areas, groundwater or other phenomena can cause fl ood levels to exceed

those indicated on the map. Land adjacent to a fl oodplain may be subject

to fl ooding from unstudied tributary watercourses.

Floodplain maps generally do not locate legal survey boundaries. A site

survey is required to reconcile the property location, ground elevations,

and designated fl ood level information. Map users should note the dates

of topographic mapping, aerial photography, river surveys and map

issue, and dates of development in the map area. Subsequent develop-

ments within the fl oodplain (natural or construction) may affect fl ood

levels and render site-specifi c map information obsolete. Professional

assistance and detailed engineering analysis may be required to address

any fl ood hazard mapping considerations.

Up-to-date fl ood maps are important in managing fl ood risk. As a result

of evolving land use, climate, and other factors, fl ood maps change con-

stantly. Through the Map Modernization Program, FEMA is implement-

ing a strategy to update the nation’s fl oodplain maps. For a community to

For more information on crafting and

implementing a fl oodplain management

ordinance, and for a copy of a model

ordinance, please contact the Texas Colo-

rado River Floodplain Coalition (TCRFC) at

1-800-776-5272, Ext. 2588.

61

be mapped, it must complete a mapping needs assessment.

The goal of the mapping needs assessment process is to

identify fl ood hazard mapping needs nationwide, maintain

an inventory of those needs, and prioritize those needs

across the nation.

For more information on fl ood hazard mapping, please

visit www.fema.gov.

FLOODPLAIN OUTREACHThe key to successful fl oodplain management is not found

in the contours of a map or the text of an ordinance. It is

achieved through cultivation of an informed citizen and

local business base. Rising fl ood waters can affect anyone

by endangering their property, their local economy, or

even their life as they drive toward a fl ooded roadway.

An informed public will support robust local fl oodplain

management programs, keep their families safer from

hazards, and make educated decisions regarding fl ood

insurance. It is the responsibility of local offi cials to develop

and implement a comprehensive public education and

involvement program associated with the local fl oodplain

management program.

The goals of the program are to prevent loss of life and

damage to property in fl oods by educating and motivating

stakeholders to consider fl ood issues, especially if they own

fl oodplain property.

Here are some of the target audiences to consider in the

development of a local fl oodplain outreach program:

◗ Residents need to be informed about fl ood hazards

potentially affecting their property.

◗ Residents and business owners need to be informed

about the availability and desirability of fl ood insur-

ance, even if their property is located out of a fl ood

hazard area.

◗ Residents and business leaders need to be informed

about the community’s emergency management plan-

ning and any fl ood warning or civil defense system.

◗ Everyone needs to be informed of the dangers of

driving or wading through fl ooded roadways or rain-

swollen creeks.

◗ Insurance professionals and lenders need to be informed

about disclosure and insurance requirements in transac-

tions of fl oodplain property.

◗ Consultant engineers and surveyors need to be informed

of the community’s development standards and incen-

tives for exceeding them.

◗ Local government staff need to be informed of the

community’s fl oodplain management program and how

it integrates into the community’s development stan-

dards and master plan.

◗ Local churches, schools, and other community facilities

need to be informed about the possible role they can play

in the community’s emergency management plan in the

event of an evacuation.

Given the diversity of these audiences, it is important to

consider a palette of fl oodplain messages and methods to

convey them.

◗ Utility bill inserts provide an effective means of reaching

a large number of ratepayers.

◗ Public service announcements (PSAs) for radio and

television broadcast can effectively convey a message.

Many broadcast outlets have a community mission to

air public safety-related messages at a reduced rate or

free-of-charge.

◗ Videos for broadcast on network or local community

channels can provide longer, more educational opportu-

nities. Additionally, many movie theaters will run short

public safety-related spots along with previews before a

movie.

◗ Homeowners association and other stakeholder group

meetings provide the venue for community staff to target

a specifi c community and interact directly with residents

on fl ood issues.

◗ Web sites can convey tremendous amounts of detailed

information, but it is important to remember that many

families do not have access to the Internet.

The Federal Emergency Management Agency (FEMA), as

well as state and regional entities such as the Texas Colorado

River Floodplain Coalition (TCRFC), maintain libraries of

useful public education materials for local community use.

SECTION 4.3Floodplain Management Tools

.


62

63

Land management tools, specifi cally zoning and subdivision ordinances,

are simple ways to implement the goals of your community, especially if

these goals are outlined in your city’s master plan. Whether you want to

increase the availability of affordable housing or ensure that appropriate

land is set aside for industrial development, zoning can help. Subdivi-

sion ordinances can be used to ensure a safe housing stock, protect the

city from unnecessary infrastructure costs in the future, and provide for

community needs (parks, open space, affordable housing, etc.)

There is no ideal zoning or subdivision ordinance for all communities.

Each community must evaluate its goals, the level of development it is

expecting, and the level of regulation its citizens are willing to accept

when it is drafting or revising ordinances. If you already have zoning or

subdivision ordinances, your community should also consider whether

they are still appropriate as written.

The following sections describe zoning and subdivision ordinances in

great detail. Each ordinance is defi ned, explanations of how the ordinanc-

es can be used to your community’s advantage are included, examples

of communities that have successfully used the ordinances are provided,

and new ways that the ordinances are being used for community develop-

ment are outlined.

ZONING ORDINANCE What is zoning?Zoning regulates the use of land and is considered a police power

measure. State law requires that zoning standards and decisions be

consistent with the comprehensive plan. Therefore, zoning can be used to

accomplish the objectives stated in the comprehensive plan.

Specifi cally, zoning can regulate:

◗ How land is used

◗ Minimum/maximum lot size and confi guration

◗ Building setbacks, coverage, height, bulk

◗ Parking requirements and design standards

◗ Landscaping, signage, lighting

◗ Screening, buffering, transitions between uses

Why adopt or revise a zoning ordinance?Since zoning infringes on personal property rights, the benefi ts of

zoning must be clearly understood and supported if the ordinance

is to be implemented successfully. Zoning is not right for all com-

munities. If your citizens prefer minimal government involvement in

their daily lives over protection from negative development impacts,

SECTION 4.4Land Management Tools

Zoning is defi ned in the Texas Local

Government Code as a police power

granted “for the purpose of promot-

ing the public health, safety, morals,

or general welfare and protecting

and preserving places and areas of

historical, cultural, or architectural

importance and signifi cance.”

- Local Government Code

Section 211.003


64

zoning is probably not the best option for your community.

If, on the other hand, there is local support for developing a

unifi ed look for the community and for limiting incompat-

ible land uses, zoning is the most effective tool available.

One of the most important features of zoning is that it can

be used to implement citizen plans for orderly growth and

development within the city. Guiding the form and location

of land uses encourages systematic development and can

protect property values. It also can minimize development’s

impact on water quality, water quantity, traffi c congestion,

and municipal infrastructure costs.

Finally, zoning is the most effective method to ensure

compliance with locally chosen and adopted design stan-

dards, which can be used to maintain and/or foster your

community identity.

What are some of the most common styles for writing zoning ordinances?12

Zoning ordinances are written in many different styles,

from conventional codes to design-oriented codes. Each

style of code has advantages and disadvantages for a small,

rural community. The following descriptions will allow you

to better understand the differences between different code

styles and help you discern the type of code that is most

appropriate for your community.

Conventional zoning is the simplest form of zoning. It

divides your municipality into a series of mapped districts

(zones), and then assigns a permitted land use(s) to each

zone. The theory behind the conventional zoning model

is that by clearly delineating permitted land uses – and by

keeping them separate – compatibility between neighbor-

ing developments might be ensured. Current experts ques-

tion whether separating uses will always foster a communi-

ty’s best interest. Conventional zoning may cause artifi cial

separation of uses that is not necessary or that sometimes

detracts from the walkability or character of a community.

Another way to ensure the compatibility of neighboring

developments is to include dimensional requirements for

each of the districts in your conventional zoning ordi-

nances. The resulting hybrid has become the most common

form of land development regulation in use today in the

United States. Dimensional requirements regulate, with

widely varying degrees of specifi city, things like the height

and bulk of buildings, minimum or maximum lot size,

and the allowable places for buildings on their lots. Imple-

mentation of this hybrid style is still fairly simple; it, too, is

sometimes criticized for unnecessarily separating uses.

Creating overlay districts and the opportunity for planned

unit developments can be used to further modify a conven-

tional zoning ordinance. Overlay districts are special zones

that have their own unique, additional standards. They are

usually applied to special sections of a community that citi-

zens and leaders want to protect, such as historic, cultural,

environmentally sensitive, or scenic/natural areas. True

to their name, designated overlay districts are applied

or “layered” over existing zoning districts, and usually

require special standards that go beyond the standards set

out in the underlying zoning district. The overlay districts

can be optional or mandatory, depending on community

goals. A common type of overlay district is a historic over-

lay. In a historic overlay district, properties with historic

buildings must meet a different set of standards, such as

unique design criteria, than other properties. If there is

no historic property, the underlying zoning is applicable to

the property.

Planned unit developments (PUDs) attempt to overcome

conventional zoning’s rigidity by allowing developers to

work outside the bounds of zoning if they demonstrate

that they are meeting overall community goals. The

PUD process is typically used on large sites, which allows

developers to create a customized master plan for all prop-

erty within the site boundaries. The many smaller projects

or different land uses contained within the boundaries will

be “planned as a unit,” and will not be required to individu-

ally meet the community’s traditional zoning regulations. It

is the developer’s responsibility to develop the master plan

and propose it to the city.

12 Text for this section and the next was taken or paraphrased from a report written by Victor Dover, AICP, that was prepared for the Town of Fort Myers Beach, FL, September 2, 1996. The report is titled “Alternative Methods of Land Development Regulations” and can be found at http://www.spikowski.com/victor_dover.htm.

65

Overlay districts and planned unit developments are creative solutions

to the rigidity of conventional zoning. However, in practice, the results

are not always what the community expects. If city offi cials are not

experienced in the development process, they can easily approve projects

that are much less attractive when built-out than they were on paper.

Both of these tools require increased staffi ng and negotiation skills, as

well as consistency in decision-making; for example, your community

must clearly defi ne the objectives that PUDs will be judged on if they are

to be successful.13

Design-oriented codes diverge from conventional zoning and treat land

use as a secondary issue. Since land use is inherently market-oriented and

buildings often change their uses a number of times during their usable

lifetimes, these codes use design elements, instead of land use, as a point

of regulation. Rather than outlining prohibitions, such as “a building can

not be built closer than 15 feet to the property line,” the codes outline

prescriptions – “a building must be built ten feet from the property line.”

Prescriptions simplify your ordinance by eliminating the need to delin-

eate land use districts, and assure that your community will be getting a

certain design element.

Experts argue that design-oriented codes are the best solution for

establishing and furthering a community’s vision. While this may be true,

design-oriented codes take longer to develop, require a skilled technical

advisor that can take a community’s vision and translate it into visual

standards, and may be resisted by the citizen and development commu-

nities. Although your community may not necessarily like conventional

zoning, it is fairly easy to understand. Any change to the conventional

zoning system will require a signifi cant education campaign.

Performance-based codes are another alternative to conventional zoning.

Performance-based zoning is an approach that focuses on the impacts

of land uses, rather than categories of use. Performance zoning estab-

lishes criteria, such as the maximum amount of traffi c, runoff, or noise

generated from a particular use, that ensure each land use is compatible

with adjacent land uses, and more specifi cally that one land use will not

adversely affect others.14

13 If a city does not provide clearly defi ned objectives, it will open itself to legal challenge. For example, if one developer’s PUD is not approved but a similar one by another developer is and the city has no formal criteria to explain why, the fi rst developer may sue the city.

14 Text for this section was taken from a report prepared by the Richmond Regional Planning District Commission that was prepared for Hanover County, Virginia, Febru-ary 12, 2001. The report is titled “Applications of Performance Zoning for Industrial Uses in Hanover County” and can be found at http://www.richmondregional.org.


15 This information is from the report “Growing Green-er: Putting Conservation into Local Codes.” The report was prepared by Natural Lands Trust and written by Randall Arendt. You can download the full report at http://www.natlands.org/pdffi les/growinggreener.pdf. Additional information on conservation design can be found at www. s u s t a i n ab l e . doe . go v/g r e e nde v/subdivision.shtml.

Opportunity:

Conservation Design15

Each time a property is developed into

a residential subdivision, an opportunity

exists for adding land to a community-wide

network of open space. Although such

opportunities are seldom taken in many

municipalities, this situation could be

reversed fairly easily by making several

small but signifi cant changes to three basic

local land-use documents – the comprehen-

sive plan, the zoning ordinance, and the

subdivision ordinance. Simply stated, con-

servation design rearranges the develop-

ment on each parcel as it is being planned

so that half (or more) of the buildable land

is set aside as open space by increasing

the density or “clustering” the homes on a

smaller area. Without changing the zon-

ing to a more restrictive zone (in other

words, downzoning), the same number

of homes can be built in a less land-

consumptive manner, allowing the balance

of the property to be permanently protected

and added to an interconnected network of

community green spaces.


66

Performance-based codes are another quality alternative to

conventional zoning. Unfortunately, they are generally much

too time-intensive for a rural community to implement. A

staff person would be required to evaluate each project

extensively to determine whether it meets established stan-

dards. For the amount of development likely to occur, the

benefi ts from changing the ordinance would be outweighed

by the cost and inconvenience that ordinance implementa-

tion would require.

What should be included in your zoning ordinance?Every zoning ordinance should include a zoning map, writ-

ten text, a matrix of requirements, graphic codes, and a

description of the implementation process. Conventional

zoning ordinances also typically include a permitted use

table, which outlines all of the permitted and conditional

(permitted if certain criteria are met) uses allowed in each

zoning district.

There are various ways that a zoning ordinance can be

coded. Depending on the type of zoning your community

chooses to adopt, your requirements may be coded accord-

ing to use districts, such as single family, commercial, by

street type, like boulevard, residential streets, or alleys, or

by location, such as town center, neighborhood center, and

neighborhood general. Regardless of the coding chosen,

the map and the written text should clearly outline the

requirements for each type, and should be supplemented

with a matrix and graphic codes. The matrix puts all

of the requirements in number form by code. The graphic

codes translate the words into visual images of desired

development (see Appendix for an example).

When is the appropriate time to adopt or revise a zoning ordinance?There are many compelling reasons to adopt a zoning ordi-

nance. For many rural towns adjacent to larger municipali-

ties, increased development has led them to adopt zoning.

If you are trying to restrict specifi c developments in certain

areas, zoning is the most direct way that you can do this.

For example, if you are trying to limit industrial develop-

ment to the town’s designated industrial park, prohibiting

industrial uses in all areas but this would be a possibility

under a zoning ordinance. Zoning can also be used to en-

courage investment. Since zoning tends to provide property

owners with a sense of security (they know what types of

developments will be allowed on the properties adjacent to

them), they may be more willing to invest in and maintain

their property.

It is possible to only zone part of your community, if you

can justify the distinction. For example, you may create a

zoning ordinance that has only two districts, general use

and central business district (CBD). Any property outside

of the CBD would not have to meet additional recommen-

dations. Properties within the CBD would be regulated; the

degree and manner of regulation should be based on goals

and objectives for process.

These reasons also apply when you are deciding whether

to revise your current ordinance. If you are experiencing

growth pressures or you want to change the way that devel-

opment is occurring, a zoning revision may help. In addi-

tion, if you are consistently hearing from residents, devel-

opers, and city offi cials that your ordinance is too restrictive

or that your ordinance is not consistently enforced, it may

be time to revise your ordinance. Finally, you may want to

consider revising it if any of the following are true:

◗ City issues more variances than parking tickets.

This may mean that the zoning map no longer

refl ects appropriate development patterns or that the

zoning regulations are not refl ecting feasible develop-

ment projects. You should not automatically change

your ordinance to refl ect trends. Your city may be

trying to challenge development patterns and, there-

fore, the ordinance will not be what developers want

to build. The important thing is to fi nd a balance

between the community’s vision and the market’s reality.

◗ There is no zoning map or the zoning map is incorrect.

Without a map, the city may be open to legal challenges.

If you are unable to show evidence of forethought (a

zoning map), it will be diffi cult to legally defend many

zoning decisions.

◗ Ordinance is in the library’s “foreign language” section.

A zoning ordinance should be understandable to the

average citizen. This can be done through charts, tables,

and the removal of “legal-ease.” If you are hearing com-

plaints about the complicated nature of your ordinance,

you should consider a revision.

67

◗ Or if you fi nd yourself asking any of these questions:

◗ Do you have too many zoning districts?

◗ Are there certain geographic areas in your community that are con-

sistently included in rezoning requests?

◗ Are there certain “problem” land uses that meet their current zoning

district’s criteria but are considered nuisances or are disruptive to

neighbors?

◗ Is your ordinance overly-restrictive? In other words, is it precluding

you from providing the amount and type of housing, businesses, or

industrial development that you would like; is it resulting in cookie-

cutter developments that detract from your community’s unique

character; is it causing housing prices to skyrocket; etc?

◗ Is there particular language in your ordinance that is diffi cult for

the planning and zoning commission or city council to interpret or

apply consistently?

What are the steps involved in adopting or revising a zoning ordinance?Adopt

Before you move too far into the process of drafting a zoning ordinance,

you should fi rst identify what your community envisions for its future

physical development – what types of businesses and housing do you

want to attract, where will new development locate, what public facilities

will you need, etc.? Most communities that are considering adopting a

zoning ordinance have already established their physical development goals

and plans through a visioning or comprehensive planning process. These

processes generally result in the creation of a future land use map, which

can then serve as a basis for the community’s zoning ordinance. Please see

the Comprehensive Planning Chapter for more detailed information.

Once your community has prepared a Future Land Use Map, you should

survey the public and determine if there is suffi cient public support or

need for zoning. Consider using a variety of methods to fi rst educate

the public on pertinent zoning issues, and then to gather public input,

including a survey, public meetings, etc. (see Public Participation chapter

for more information).

Once you have an understanding of public sentiment, assuming it is in

favor of zoning, you will need to work with someone who has expertise in

land use planning and zoning. If you are fortunate enough to have some-

one on staff with current knowledge of land use planning and zoning prin-

ciples, you will only need to consider arranging for an outside facilitator to

mediate the decision-making process. If no one has the needed expertise

locally, you should consider hiring a consultant or working with LCRA.

Regardless of the technical advisor, your lawyer should participate or, at a

minimum, be kept informed as the process proceeds.


Lexington Zoning Survey

After completing an update of their

comprehensive plan, city offi cials from

the Town of Lexington, Texas (popula-

tion: 1,260) wanted to more clearly

understand citizens’ feelings about

zoning in Lexington. This survey was

developed to engage citizens on the

topic of zoning and recent develop-

ment patterns. The results were used

in city council discussions about zoning.

(Final decision: The city council decided

not to adopt a zoning ordinance.)

A sample zoning questionnaire can be

found in the Appendix.


68

You should form a steering committee to work with the

technical advisor and discuss your community’s objec-

tives for developing the ordinance.16 Out of the steering

committee discussions the technical advisor will be able

to draft the zoning ordinance and a zoning map. The or-

dinance should be reviewed by your city attorney and then

presented to the public for review and comment. Once a

fair level of consensus has been reached, the city council

should vote to adopt the ordinance.

It is a good idea to form a planning and zoning com-

mission. Generally, this commission is responsible for

hearing petitions for rezoning, reviewing site plans

and plats, overseeing the comprehensive plan update

process, and providing recommendations to the city

council on the cases and issues that it hears. The commis-

sion can also conduct six-month reviews of the ordinance

until it is agreed that the ordinance is working as desired.

For additional information on planning and zoning

commissions, see A Guide to Urban Planning in Texas

Communities (Texas Chapter of the American Planning

Association, call 512-306-1674 to request a copy).

Revise

If you already have an ordinance and are considering

revision, begin to track the complaints that you hear from

citizens, public offi cials, and staff related to zoning. Track-

ing complaints and noting general problems that arise will

facilitate the revision process.

Revising an ordinance is similar to the process

required when writing an ordinance for the fi rst time.

You will need to work with a technical advisor, either

by hiring a consultant, working with LCRA staff or by

using qualifi ed current staff, a citizen steering committee

or planning and zoning commission, if you have one, and

members of the general public and special interest groups

to ensure a broad spectrum of input and eventual support

for the resulting updated zoning ordinance.

The technical advisor should facilitate with the steering

committee a discussion about problems that exist with

the zoning ordinance, why the revision is being under-

taken at this time, and what objectives the city and the

citizens hope to achieve through the revision process. She

should then research discussed problem issues, including

examining how other communities are addressing these

issues, and recommend alterations to the ordinance. After

discussing these fi ndings with the committee, consulting

with an attorney, and soliciting and incorporating input

from the general public, the ordinance can be revised and

the zoning map updated.

Expect to spend a signifi cant amount of time, from 4 to

6 meetings, discussing potential changes to the ordinance

and the map. Zoning ordinances are fi lled with many

nuances and details that must be agreed on. Depending

on the diverse interests of the steering committee mem-

bers, a certain level of confl ict and disagreement should

be expected.

The proposal and adoption of the ordinance is the same as

for a new zoning ordinance (see previous section). Note,

however, that if the planning and zoning commission is to

regularly review the zoning ordinance for its functionality,

the city council should clearly state this expectation since it

will likely be a new responsibility for the commission.

Whether adopting or revising an ordinance, there must be

political support for the action and a willingness to con-

sistently implement the ordinance on the part of elected

offi cials. Without these components, any benefi t from the

zoning ordinance will be overridden by a lack of citizen

trust in the zoning process.

Timeline expectationsLike comprehensive planning, the process of writing or re-

vising ordinances depends on the complexity of your ordi-

nance, the consultant’s caseload, and the amount of public

involvement you desire. In general, you should expect the

process to take at least six to 12 months.

Resource expectationsIf you hire a private consultant, you should expect to pay

between $5,000 and $50,000 for your ordinance work. The

variability in cost depends on the breadth of your revi-

sions, the amount of public involvement, the quality of the

consultant, etc.

16 If a Planning and Zoning Commission exists, they should be actively involved in the process of developing this ordinance.

69

Ordinances online Municode

http://livepublish.municode.com/LivePublish/statelist2.asp?state=43

Texas Center for Urban Management Systems Information (TCUMSI):

Contains Texas zoning ordinances by city and population

http://archnt2.tamu.edu/TCUMSI/

ResourcesA Citizens Guide to Texas Zoning, Texas Real Estate Center

http://recenter.tamu.edu/pubs/catzoni.html

City of Denton Development Code

http://www.cityofdenton.com/pages/devcode.cfm

Example of Design Review Guidelines

http://www.ci.walnut-creek.ca.us/designcontents.html

SUBDIVISION ORDINANCEWhy adopt a subdivision ordinance?Generally, new subdivisions are blessings to small cities in rural areas.

These developments increase the quality of available housing, signify the

desirability of your community for investment, and increase property

tax and utility revenues. However, without a subdivision ordinance your

city will have limited power to ensure that a quality subdivision develops.

With a subdivision ordinance you can ensure that the developer builds

adequate public facilities (streets/access, parks, utilities, drainage, etc.).

This action can save current residents from subsidizing new develop-

ment, especially if impact fees are imposed to cover any necessary expan-

sions to city services. It can also ensure sanitary conditions by requiring

infrastructure and withholding approval if it is not provided.

The original purpose of the subdivision ordinance was to provide a land

registration system and a record of where infrastructure is located within

each subdivision. It is desirable for city governments to map this infor-

mation and create comprehensive maps of property lines, infrastructure,

and ownership.

More recently, subdivision ordinances have been used to protect

communities by minimizing development’s impact on local water quality

and quantity. Depending on community goals, you can include landscap-

ing requirements and drainage standards that encourage stormwater

management practices and water usage that focus on maintaining local

water quality and conservation of water resources (see water sections for

additional details). There are also other locally chosen standards that can

be included in the subdivision ordinance to ensure that each new devel-


17 Text for the section was taken from “Impact Fees and Exaction” written by Jennifer Evans-Cowley, AICP, in A Guide to Urban Planning in Texas Communities (Texas Chapter, American Planning Association, 2002).

Opportunity: Impact Fees 17

If your community is experiencing (or expecting) substantial population growth, you may want to consider adopting impact fees. The basic principle behind the adoption of an impact fee is that growth, as evidenced by new land development, should help pay its own way. The purpose of an impact fee is to require a land developer, and in turn, new residents, to pay for a share of the city’s cost of providing off-site infrastructure to serve developing property. For example, an impact fee is charged and then applied to the cost of extending a wastewater line to the development. The fees must be paid before a developer can hook up the inter-nal lines of a subdivision to the municipal wastewater system.

Developers pay for all of their internal wastewater lines just as they have in the past. Impact fees are most successful when growth is already occurring. If your com-munity is experiencing growth, impact fees are an alternative you should consider. They will allow you to keep pace with demand for infrastructure without signifi cantly rais-ing property tax. If you are not experienc-ing growth, however, and you are trying to attract it, impact fees may be a deterrent to development. Another word of caution: Impact fees must be based on actual infra-structure costs. Before you begin the process of adopting such fees, speak with other communities of similar size that have done so and with your lawyer. Their feedback will assist you in your decision-making.


70

opment will conform to the desired goals of the community; goals such

as increasing your community’s walkability by requiring sidewalks, bike

lanes, and connectivity with other subdivisions and commercial centers

or assuring housing affordability by permitting smaller lots and encour-

aging a mix of housing types.

What are the common elements of a subdivision ordinance?Most subdivision ordinances contain similar elements:

◗ Procedural Requirements - concept plans, preliminary plat, construc-

tion plans, fi nal plat

◗ Infrastructure Requirements - water distribution system, wastewater

collection system

◗ Drainage Improvement Requirements - drainage facilities, land suit-

ability, building site improvements

◗ Transportation Improvements - street layout, street widths, street

lighting, street signs, sidewalks, and pavement standards

◗ Block and Lot Standards - block length, lot size, setback standards, lot

access

◗ Landscaping and Screening Requirements - planting criteria, tree

preservation, percentage of lots landscaped, screening requirements

◗ Park Land/ School Land Dedications - formula for calculating area of

park land, design standards for park land

Where the ordinances diverge is in the specifi cs. For example, one city

might require that residential streets accommodate two lanes of parked

vehicles and two lanes of traffi c, while another might require that residen-

tial streets only accommodate two lanes of traffi c and one lane of parked

traffi c. These choices are made based on local priorities and preferences.

The fi rst scenario uses wider streets to ensure safe passing and visibility

and encourages a more spacious distance between residences. The second

scenario promotes decreased driving speeds by narrowing the streets and

increases pedestrian accessibility by making streets easier to cross and the

feel of the neighborhood smaller.

Block lengths can be used in similar ways to defi ne the feel of the

community and achieve local priorities; the longer the blocks, the cheaper

the development is for a developer; the shorter the blocks, the easier it

is for pedestrians to walk to their destinations. A shorter block may also

assist with reducing traffi c congestion since it allows drivers additional

avenues for reaching their destinations.

Bertram: Using development

ordinances to further

community goals

Bertram, Texas (population: 1,220) recently

completed a comprehensive planning

process. A major recommendation of the

plan was for the city council to encourage

a discussion between developers and city

staff on the city’s development ordinances.

Current city ordinances are well-written,

requiring developers to pay for all costs

related to new development. However,

developers are complaining that the prices

of homes are so low in Bertram that they

are unable to make the fi nancial equation

make sense. Since citizens want to encour-

age residential development and builders

want to build homes, a compromise in

the development ordinances could benefi t

both sides.

71


18 Developed by: Andres Duany and Elizabeth Plater-Zyberk Architects, Inc. (DPZ), www.newurbanist.com/newurban.htm

C H A R A C T E R I S T I C S O F A T R A D I T I O N A L N E I G H B O R H O O D D E V E L O P M E N T 18

The social and environmental benefi ts of a traditional

neighborhood development (TND) result from certain

physical and organizational characteristics. An authentic

neighborhood includes most of the following:

1 The neighborhood has a discernible center. This is often

a square or green, and sometimes a busy or memorable

street intersection. A transit stop would be located at

this center.

2 Most of the dwellings are within a fi ve-minute walk of

the center. This distance averages one-quarter of a mile.

3 There are a variety of dwelling types within the

neighborhood. These usually take the form of houses,

rowhouses, and apartments, such that younger and

older people, singles and families, the poor and the

wealthy, may fi nd places to live.

4 There are shops and offi ces at the edge of the neighbor-

hood. The shops should be suffi ciently varied to supply

the weekly needs of a household. A convenience store is

the most important among them.

5 A small ancillary building is permitted within the back-

yard of each house. It may be used as one rental unit, or

as a place to work.

6 There is an elementary school close enough so that most

children can walk from their dwelling. This distance

should not be more than one mile.

7 There are small playgrounds quite near every dwelling.

This distance should not be more than one-eighth of

a mile.

8 The streets within the neighborhood are a connected

network. This provides a variety of itineraries and dis-

perses traffi c congestion.

9 The streets are relatively narrow and shaded by rows of

trees. This slows down the traffi c, creating an environ-

ment for the pedestrian and the bicycle.

10 Buildings at the neighborhood center are placed close to

the street. This creates a strong sense of place.

11 Parking lots and garage doors rarely front the streets.

Parking is relegated to the rear of the buildings, usually

accessed by alleys.

12 Certain prominent sites are reserved for civic buildings.

Buildings for meeting, education, religion, or culture

are located at the termination of the street vistas or at

the Neighborhood center.

13 The neighborhood is organized to be self-governing. A

formal association debates and decides on matters of

maintenance, security and physical change.


72

Public and private spaces have equal importance, creating a balanced

community that serves a wide range of home and business owners. The

inclusion of civic buildings and civic space – in the form of plazas, greens,

parks and squares – enhances community identity and value.

Traditional neighborhood developments are on the cutting edge of

community development and their numbers are increasing throughout

the country. More and more developers are incorporating TND principles

into their subdivision designs. While rural areas have not been common

sites for new TND developments, rural cities are generally blessed with

historic neighborhoods that incorporate TND principles, such as short

blocks, mixed uses, narrow streets. To preserve these neighborhoods and

ensure that new subdivisions are developed in a complimentary style, you

can incorporate some or all of the TND principles into your development

codes (subdivision and zoning ordinances). Generally, TND is included

in a community’s zoning ordinance as a fl oating overlay zone or as a

planned-unit development.

When is the appropriate time to adopt or revise a subdivision ordinance?Adopt

If you do not currently have a subdivision ordinance, you should

consider adopting one immediately. Even if development is not occurring

currently, the ordinance will prepare you for the future.

Revise

If you currently have an ordinance but community goals have changed

since it was written, it is likely time to review and revise it. If you hear

from developers and/or citizens that it is too complicated, too restrictive,

or not restrictive enough, you should have a panel review the ordinance.

They may recommend amending the ordinance or leaving it as is; the

process of review is what is important.

If you have a subdivision ordinance but it is not enforced, bring this

issue up at a City Council meeting or in a public forum. Identifying and

addressing the reason for lack of enforcement will increase citizen and

developer respect for city government and the ordinance process.

A note on required integration of city and county subdivision regulations:

As of April 2002, cities and counties were to determine who would

regulate new subdivisions in municipalities’ extra-territorial jurisdic-

tions (ETJ) (see Section 242.001 of the Local Government Code for more

information). Four options were proposed:

◗ the city ordinance could govern

◗ the county ordinance could govern19 Text for this section was taken from http://www.tndtownpaper.com/neighborhoods.htm. Please visit this site for additional information on traditional neighborhood development.

Opportunity: Traditional

Neighborhood Development19

Traditional neighborhood development

(TND) is a comprehensive planning sys-

tem that includes a variety of housing

types and land uses in a defi ned area.

The variety of uses permits educational

facilities, civic buildings and commer-

cial establishments to be located within

walking distance of private homes. A

TND is served by a network of paths,

streets and lanes suitable for pedestri-

ans as well as vehicles. This provides

residents the option of walking, biking

or driving to places within their neigh-

borhood. Present and future modes of

transit are also considered during the

planning stages.

73

◗ the city and county could divide the ETJ and each govern

a portion

◗ the city and county could enter into an interlocal agree-

ment and jointly enforce their ordinances.

Senate Bill 873 was also passed during the 77th Texas

Legislature. It gives large urban counties (population

greater than 700,000) and rural counties adjacent to

urban counties (adjacent county must have a population

of 700,000 and rural county must be within urban county’s

metropolitan statistical area) greater subdivision authority.

Essentially, these counties now have the same authority as

municipalities have in their ETJs – the ability to regulate

subdivisions and plan review, stormwater management,

transportation planning , and to promote the “safe, orderly,

and healthful development of the unincorporated area

of the county”. This broadened authority means that the

negotiation between counties and municipalities is even

more critical.

Before any revisions are made to your city’s subdivision

ordinance, it is wise to investigate whether SB 873 affects

you, how your city’s ETJ is regulated, and what your coun-

ty’s subdivision ordinance regulates.

Timeline expectations Like comprehensive planning, the process of writing or

revising ordinances depends on the complexity of your

ordinance, the consultant’s caseload, and the amount of

public involvement you desire. In general, you should

expect the process to take at least six to 12 months.

Resource expectationsIf you hire a private consultant, you should expect to pay

between $5,000 and $50,000 for your ordinance work. The

variability in cost depends on the breadth of your revisions,

the amount of public involvement, and the quality of the

consultant, etc.

Examples of good ordinances Buda, Texas

Charleston Park Development, Tyler, Texas

http://www.charleston-park.com/

The City of Belmont, North Carolina

http://www.ci.belmont.nc.us/tnd.htm

ResourcesTraditional Neighborhood Design Resources

Techniques in Traditional Neighborhood Development

http://www.hpix.com/nmg/

This site has a list of resources/model TND ordinances

http://www.asu.edu/caed/proceedings02/OHM/

ohm.htm

Model Ordinance for Traditional Neighborhood Develop-

ment

http://www.wisc.edu/urpl/people/ohm/projects/

tndord.pdf

TND Market Study

http://www.marc.org/Community/tndstudy.pdf

Conservation Design Resources

The Conservation Subdivision Design Project: Booklet for

developing a local bylaw

http://www.mapc.org/regional_planning/Booklet%2

0for%20Developing%20a%20Local%20Bylaw%20-

%20Aug%202000.pdf

Conservation Subdivision Ordinances

http://www.atlantaregional.com/qualitygrowth/

CONSERVATION_SUBDIVISION_TOOL.pdf

Conservation Subdivision Design Resources

h t t p : / / w w w. s u s t a i n a b l e . d o e . g o v / g r e e n d e v /

subdivision.shtml



74

APPENDIXSample Zoning Use Table

75

20 Durham, North Carolina, Unifi ed Development Ordinance, Public Review Draft, October 2003

ESTABLISHMENT OF ZONING DISTRICTS 20

The following zoning districts are hereby established, and are intended

to implement the Comprehensive Plan. Each district is only appropri-

ate in development tiers where it effectively implements the plan, as set

forth below.

Development Tier

Symbol District Rural Suburban Urban Compact Downtown

Residential DistrictsRR Residential Rural ✔ ✔

RS-20 Residential Suburban – 20 ✔ ✔

RS-10 Residential Suburban – 10 ✔

RS-8 Residential Suburban – 8 ✔

RS-M Residential Suburban Multifamily ✔

RU Residential Urban ✔

RU-M Residential Urban Multifamily ✔

RC Residential Compact ✔ ✔

Nonresidential DistrictsCN Commercial Neighborhood ✔ ✔ ✔ ✔

OI Offi ce and Institutional ✔ ✔ ✔ ✔ ✔

CG Commercial General ✔ ✔ ✔ ✔ ✔

CBD Central Business District ✔

SRP Science Research Park ✔

IL Industrial Light ✔ ✔ ✔ ✔

I Industrial ✔ ✔ ✔


76

MEASUREMENT AND COMPUTATION OF BUILDING HEIGHTHeight shall be by the vertical distance from the average of the fi nished

ground level to the highest fi nished roof surface of any fl at roof or at the

average height of the highest roof having a pitch.

PERMITTED HOUSING TYPES 21

A variety of housing types shall be permitted in the RU and RU-M

districts in accordance with the following table. For illustrations, lot

dimensions and required yards for each housing type, see Sec. 7.1,

Housing Types.22

Housing Type RU RU-MSingle-family detached ✔ ✔

Zero lot line house ✔ ✔

Traditional house ✔ ✔

Patio house ✔ ✔

Semi-attached house ✔ ✔

Duplex ✔ ✔

Townhouse ✔ ✔

Multiplex ✔

Apartment ✔

21 Information on this page taken from Durham, North Carolina, Unifi ed Development Ordinance, Public Review Draft, October 2003.

22 http://www.ci.durham.nc.us/departments/planning/udo.cfm

AVG. FINISHED GROUND LEVEL

FLAT ROOF

measured to highest fi nished surface

GABLE, HIP OR GAMBREL ROOF

measured to avg. height of highest roof

MANSARD ROOF

measured to highest fi nished surface

APPENDIX

77

Sample Zoning Questionnaire 23

April 24, 2003

City Council / Zoning Committee Questionnaire

As part of the Comprehensive Plan Update adopted by the City Council in late 2002, there

was a recommendation that the City begin the discussion on whether zoning and subdivi-

sion ordinances are necessary for the City at this time. Based on current activities, such as the

large number of manufactured homes requesting variances, and the possibility of facilities,

such as a vehicle storage facility, locating in Lexington, a Zoning Committee was formed

to begin the discussion on what, if any, additional land use controls may be needed. This

questionnaire has been developed to gauge your opinion on existing and proposed land use

regulations for the City. This information will be used to identify areas where additional

education and discussion may help foster a greater understanding of what may be needed to

ensure that the quality of life and rural character of Lexington is protected.

1. Why do you live in Lexington? (Circle all that apply)

A. Small Town Character

B. Rural Landscape

C. Employment

D. Family

E. Other (Please explain) _________________________________________________

2. How do you feel about Lexington’s growth rate?

A. It is growing too quickly

B. It is growing at a reasonable rate

C. It is not growing fast enough

3. How would you characterize the new development that is coming into the city?

A. It matches or complements the existing character of the city

B. It is slightly different from the existing character of the city

C. It is completely different from the existing character of the city

4. Do you have positive or negative feelings about the character of new development in the

city? (Circle one)

Positive

Negative

Please explain __________________________________________________________

23 Prepared by LCRA Community and Economic Development.

PLANNING HANDBOOK

5. Please rank the level of overall change in the city with 1 being a small impact

1 2 3 4 5

The Zoning Committee has been formed to discuss the potential need for Lexington to

develop additional land use controls, such as zoning, to prepare for expected growth over

the next 10 to 20 years.

6. Which of the following do you believe that the City should regulate and/or promote?

(Circle all that apply)

Land use

Lot size

Density

Building size

Landscaping

Signage

Parking

Building standards (codes)

Building design

Infrastructure requirements (streets, water, sewer, drainage, etc.)

Protection/establishment of open space

Protection of historic property

Other ________________________________________________________________

7. Does the City need more land use controls?

Yes

No

8. If yes, what types of control do you think is appropriate (subdivision ordinances, zoning

ordinances, stricter building codes, etc.)?

__________________________________________________________

9. How would you defi ne zoning?

__________________________________________________________

Please add any additional comments.

__________________________________________________________

__________________________________________________________

for Rural Texas Communities

78

APPENDIXAdditional Agency and Organization Contacts

79

FEDERAL AGENCIES (TEXAS CONTACTS)Federal Emergency Management Agency

Federal Center – Region VI

800 N. Loop 288

Denton, Texas 76209

(940) 898-5399

http://www.fema.gov/regions/vi

National Weather Service

Western Gulf Forecast Center

3401 Northern Cross Blvd.

Fort Worth, Texas 76137

(817) 831-3289

http://www.srh.noaa.gov/wgrfc/

U. S. Army Corps of Engineers

Fort Worth District

819 Taylor St.

Fort Worth, Texas 76102-0300

(817) 886-1000

http://www.swf.usace.army.mil/

U.S. Army Corps of Engineers

Galveston District

2000 Fort Point Road

Galveston, Texas 77550

(409) 766-3004

http://www.swg.usace.army.mil/

U.S. Department of Agriculture

Natural Resources Conservation Services

101 S. Main

Temple, Texas 76501

(254) 742-9800

http://www.tx.nrcs.usda.gov/

U.S. Environmental Protection Agency

Region VI

Fountain Place 12th Floor, Suite 1200

1445 Ross Ave.

Dallas, Texas 75202-2733

(214) 665-2200

http://www.epa.gov/region06/

U.S. Fish & Wildlife Service

Texas State Administrator

10711 Burnet Road, Suite 200


(512) 490-0057

http://www.fws.gov

U.S. Geological Survey

8027 Exchange Drive

Austin, Texas 78754

(512) 927-3500

http://tx.usgs.gov/

STATE AGENCIESOffi ce of Rural Community Affairs

1700 N. Congress Ave., Suite 220

Austin, Texas 78701

1-800-544-2042

http://www.orca.state.tx.us/contact.htm

Railroad Commission of Texas

William B. Travis Building

1701 N. Congress Ave.


(512) 463-7288

http://www.rrc.state.tx.us

Texas Commission on Environmental Quality

12100 Park 35 Circle

Austin, Texas 78753

(512) 239-1000

http://www.tceq.state.tx.us

Texas Cooperative Extension

Dr. Chester P. Fehlis, Associate Vice Chancellor and Director

Room 112, Jack K. Williams Administration Building

College Station, Texas 77843-7101

(979) 845-7800

http://tce.tamu.edu/

Texas Council on Environmental Technology

10100 Burnet Road

Austin, Texas 78758

(512) 232-5225

http://www.tcet.state.tx.us


80

Texas Department of Agriculture


Stephen F. Austin Building, 11th Floor

Austin, Texas 78701

1-800-835-5832

http://www.agr.state.tx.us/

Texas Department of Economic Development

Stephen F. Austin Building



(512) 936-0100

http://www.txed.state.tx.us

Texas Department of Housing and Community Affairs

Waller Creek Offi ce Building

507 Sabine St.

Austin, Texas 78701

(512) 475-3800

http://www.tdhca.state.tx.us/

Texas Department of Insurance

333 Guadalupe St.


(512) 463-6169

http://www.tdi.state.tx.us

Texas Department of Public Safety

Division of Emergency Management

5805 N. Lamar Blvd.


(512) 424-2000

http://www.txdps.state.tx.us/dem/

Texas Department of Transportation

125 E. 11th St.


(512) 416-2000

http://www.dot.state.tx.us

Texas Forest Service

John B. Connally Building

301 Tarrow Drive, Suite 364


http://txforestservice.tamu.edu

Texas General Land Offi ce



(512) 463-5001

http://www.glo.state.tx.us

Texas Historic Commission

1511 Colorado

Austin, Texas 78701

(512) 463-6100

http://www.thc.state.tx.us

Texas Parks and Wildlife Department

4200 Smith School Road

Austin, Texas 78744

(512) 389-4800

http://www.tpwd.state.tx.us

Texas State Soil and Water Conservation Board

311 N. Fifth St.

Temple, Texas 76503

(254) 773-2250

http://www.tsswcb.state.tx.us

Texas Water Development Board



(512) 463-7847

http://www.twdb.state.tx.us/

Texas Water Resources Institute

1500 Research Parkway, Suite 240

2118 TAMU


(979) 845-1851

http://twri.tamu.edu/

PROFESSIONAL ORGANIZATIONSAssociation of Rural Communities in Texas

13776 U.S. Highway 183 North

Suite 122-334


(512) 331-1354

http://arcit.org


81

Association of State Floodplain Managers, Inc.

2809 Fish Hatchery Road

Madison, Wisconsin 53713

(608) 274-0123

http://www.fl oods.org

American Society of Civil Engineers

1801 Alexander Bell Drive

Reston, Virginia 20191

1-800-548-2723

http://www.asce.org

American Water Resources Association

4 W. Federal St.

P.O. Box 1626

Middleburg, Virginia 20118-1626

www.awra.org

Texas Alliance of Groundwater Districts

P.O. Box 795

Dumas, Texas 79029

(806) 935-6401

http://www.texasgroundwater.org/

Texas Association of Counties

1210 San Antonio St.

Austin, Texas 78701

(512) 478-8753

http://www.county.org

Texas Association of Regional Councils

1305 San Antonio St.

Austin, Texas 78701

(512) 478-4715

http://www.txregionalcouncil.org

Texas Chapter of the American Planning Association

(512) 306-1674

http://www.txplanning.org

Texas Colorado River Floodplain Coalition

3700 Lake Austin Blvd.

Austin, Texas 78703

(512) 473-3200

http://www.tcrfc.org

Texas Floodplain Management Association

200 E. Locust, Suite 8

Angleton, Texas 77515

(979) 864-1295

http://www.tfma.org

Texas Nursery and Landscape Association

7730 S. IH-35


(512) 280-5182

http://txnla.org/

Texas Midwest Community Network

1025 E. North 10th

Abilene, Texas 79601

(325) 676-0329

http://www.texasmidwest.com

Texas Municipal League

1821 Rutherford Lane, Suite 400


(512) 231-7400

http://www.tml.org

Texas Public Works Association

P.O. Box 1834

Grapevine, Texas 76099

(817) 410-4065

http://www.tpwa.org

Texas Section of the American Water Works Association

Water Conservation and Reuse Division

P.O. Box 80150

Austin, Texas 78708

(512) 238-9292

http://www.tawwa.org.

Texas Rural Partners

8140 Burnet Road, Suite 218


(512) 323-6515

http://www.trdc.org

82

Texas Rural Water Association

1616 Rio Grande


(512) 472-5186

http://www.trwa.org/

Texas Water Conservation Association

221 E. 9th St., Suite 206

Austin, Texas, 78701

(512) 472-7216

http://www.twca.org/

Texas Water Matters

1-800-919-9151

http://www.texaswatermatters.org

Texas Water Utilities Association

1106 Clayton Lane, Suite 101 East


1-888-FOR-TWUA

Water Environment Association of Texas

P.O. Box 40988


(512) 693-0060

http://www.weat.org/

Waterwise Council of Texas

7730 S. IH-35


(512) 280-5182

http://www.waterwisetexas.org/

RIVER AUTHORITIESAngelina and Neches River Authority

210 Lufkin Ave.

Lufkin, Texas 75902-0387

(936) 632-7795

Brazos River Authority

P.O. Box 7555

Waco, Texas 76714-7555

(254) 761-3100

http://www.brazos.org

Canadian River Municipal Water Authority

P.O. Box 9

Stanford, Texas 79078-0009

(806) 865-3325

http://www.crmwa.com/

Central Colorado River Authority

P.O. Box 964

Coleman, Texas 76834-0964

(915) 625-4398

Edwards Aquifer Authority

1615 N. St. Mary’s

San Antonio, Texas 78215

(210) 222-2204

http://www.edwardsaquifer.org/

Guadalupe-Blanco River Authority

933 E. Court St.

Seguin, Texas 78155

(830) 379-5822

http://www.gbra.org

Lavaca-Navidad River Authority

P.O. Box 429

Edna, Texas 77957

(361) 782-5229

Lower Concho River Water and Soil

Conservation Authority

Route 1, Box 4

Paint Rock, Texas 76866

(915) 732-4371


3700 Lake Austin Blvd.

Austin, Texas 78703

(512) 473-3200

http://www.lcra.org

Lower Neches Valley Authority

7850 Eastex Freeway

Beaumont, Texas 77726-5117

(409) 892-4011


83

Nueces River Authority

P.O. Box 349

Uvalde, Texas 78802-0349

(830) 278-6810

Pecos River Compact Commission

P.O. Box 340

Monahans, Texas 79756

(915) 943-5171

Red River Authority of Texas

Hamilton Building

900 Eighth St.

Wichita Falls, Texas 76301-6894

(940) 723-2236

http://www.rra.dst.tx.us

Rio Grande Compact Commissioner for Texas

P.O. Box 1917

El Paso, Texas 79950-1917

(915) 834-7075

Sabine River Authority of Texas

P.O. Box 579

Orange, Texas 77630

(409) 746-2192

http://www.sra.dst.tx.us

San Antonio River Authority

100 E. Guenther

San Antonio, Texas 78283-9980

(210) 227-1373

http://www.sara-tx.org

San Jacinto River Authority

P.O. Box 329

Conroe, Texas 77305

(936) 588-1111

http://www.sjra.net

Trinity River Authority of Texas

5300 S. Collins

Arlington, Texas 76004-0060

(817) 467-4343

http://www.trinityra.org

Upper Colorado River Authority

512 Orient

San Angelo, Texas 76903

(915) 655-0565

http://www.ucratx.org

Upper Guadalupe River Authority

Guadalupe Basin Natural Resource Center

125 Lehmann Drive, Suite 100

Kerrville, Texas 78028-5908

http://www.ugra.org

Upper Neches River Municipal Water Authority

P.O. Box 1965

Palestine, Texas 75802

(903) 876-2237


LOWER COLORADO RIVER AUTHORITYP.O. Box 220

Austin, Texas 78767-02201-800-776-5272

www.lcra.org

Printed on recycled paper.

NOVEMBER 2003

About LCRALCRA is a conservation and reclamation district created by

the Texas Legislature in 1934. LCRA provides energy, water

and community services to the people of Texas. It cannot

levy taxes, but funds its operations with income from the

sale of electricity, water and other services.

LCRA generates electricity and sells it wholesale to 42 cus-

tomers, including city-owned utilities and cooperatives that

serve more than 1 million people in Texas. LCRA also builds

and operates transmission projects through a nonprofi t

corporation it created, manages and protects the lower Colo-

rado River, provides water and wastewater utilities, owns and

operates parks, and offers economic and community devel-

opment assistance to communities.

planning handbook for rural texas communities lcra

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