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Live Oak Council clarifies floodplain code to require utilities be elevated
Summary
The City Council approved an ordinance amending Chapter 9, Article 3 to clarify that utilities and exterior mechanical equipment must be elevated one foot above the base flood elevation; council described the change as housekeeping and said no existing homes in the city are in the special flood hazard area.
The Live Oak City Council on Sept. 9 approved an ordinance amending Chapter 9, Article 3 of the city code to clarify flood-damage prevention requirements, specifically adding language that utilities and exterior mechanical equipment must be elevated one foot above the base flood elevation.
The change, described by city staff as a housekeeping amendment, clarifies that the existing requirement to elevate homes in special flood hazard areas also applies to appurtenant utilities and equipment. "The current code says that houses, if they're built in a special flood hazard area, have to be elevated to a foot above the floodplain," City staff member Eddie McNew told the council. "Our ordinance wasn't clear on that. So it's just added that wording into that ordinances."
The council opened a public hearing on the ordinance and received no public comments. McNew told the council the amendment is intended to align the city's ordinance with FEMA practice; he said it would apply to new construction and to rebuilds when a structure is damaged beyond 50 percent of its value. "We don't, and that would only be new homes that were built in the flood plain. We have no land left to build in the flood plain," McNew said when asked whether any existing homes in Live Oak are located in a special flood hazard area. Councilman Simmick asked where a FEMA map could be obtained and McNew said FEMA's map products are available online and that the city previously held a public meeting with the San Antonio River Authority to review mapping.
Council members characterized the amendment as technical. After brief discussion, the council voted 5-0 to adopt the ordinance.
The ordinance change does not alter existing development rights for properties outside special flood hazard areas; council members said the amendment only clarifies elevation responsibilities and would apply to substantial reconstruction in the mapped floodplain. The city council did not receive any public testimony opposing the change during the hearing.
The ordinance takes effect per the city’s normal ordinance schedule.
