Comal County adopts resolution declaring Bulverde Lane property in violation of county floodplain order; FEMA insurance consequences explained
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Comal County on Oct. 30 adopted Resolution 202521 declaring a property at 29905 Bulverde Lane in violation of the county Flood Damage Prevention Order, a step staff said could lead FEMA to deny flood insurance for structures on the site until compliance is achieved.
The Comal County Commissioners Court on Oct. 30 approved Resolution 202521 declaring a property at 29905 Bulverde Lane to be in violation of the Comal County Flood Damage Prevention Order.
Development Services staff explained that the property, a warehouse being used as a workout facility, lies in the regulatory floodplain and that the owner built without required permitting, an engineering study showing no adverse impact, and an elevation certificate demonstrating the lowest habitable floor is above the base flood elevation. Staff said a violation notice was issued Aug. 4 and a criminal complaint was filed Sept. 12. The owner pleaded guilty, which staff said finalized county enforcement through the criminal process.
County staff told the court the next step is to submit the resolution to the Federal Emergency Management Agency. If FEMA accepts the county's declaration and the county records the resolution in the clerk's office, staff said, structures on the property will be denied eligibility for flood insurance now and in the future until the property is brought into compliance.
The court moved, seconded and approved the resolution by voice vote with all members present. County staff recommended approval and noted the purpose of the resolution is to provide a permanent record for future buyers and insurers that the property is noncompliant with local floodplain requirements unless remediated.
County staff did not provide a timetable for remediation or a detailed cost estimate to bring the property into compliance; those matters were not specified in the meeting record.
