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Court grants floodplain variance for Granbury lot; approval conditioned on recorded indemnity and sewer safeguards
Summary
After a public hearing, the commissioners granted a variance allowing a nearly‑completed house at 813 Woodhaven to proceed, but required a recorded release/indemnity and additional flood‑resistant sewer conditions to protect the county and future owners from increased flood insurance and NFIP obligations.
The Hood County Commissioners Court granted a floodplain variance Nov. 12 for a nearly completed house at 813 Woodhaven, but the approval came with conditions the county said were intended to limit liability and ensure future compliance.
Homeowner Brian Martinez said he purchased the lot in mid‑2024, relied on engineering plans and a third‑party inspector, and had invested his life savings in the home. He told the court the neighborhood contains multiple houses that sit lower than his and that he carries insurance.
The county—s floodplain manager told the court that the house sits approximately 8.8 feet below the required elevation for the site relative to Rough Creek flood contours and that the house would expose occupants and future owners to higher flood risk and federal insurance consequences. The manager described the federal rule on ‘‘substantial damage/substantial improvement’’ and warned that if a structure is later damaged or improved by more than 50% of its value, federal rules would require the structure be brought into compliance.
To address those risks, the commissioners conditioned the variance on the owner signing and recording a release/indemnity that runs with the property and discloses flood‑risk and insurance implications to subsequent owners. The county also requires flood‑resistant sewer measures (e.g., backflow prevention) before a final sewer permit is approved.
Commissioner discussion acknowledged sympathy for the homeowner—s position while noting the county must protect its rate and compliance with the National Flood Insurance Program (NFIP). The motion to grant the variance, subject to the recorded indemnity and the owner's agreement to specified sewer safeguards, carried 5–0.
The court—s conditions are intended to protect current and future property owners and to reduce the county—s exposure under NFIP rules; the hearing record notes the county will file the recorded indemnity in the real‑property records at the county clerk—s office.
