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Residents warn new Helena Avenue construction risks flooding and code violations
Summary
Multiple residents told the Nederland City Council that two new homes being built at 1308 Helena have pads elevated above adjacent yards, may violate setback and lot-width rules, and risk directing runoff under nearby pier-and-beam homes; they asked the city to halt work, enforce variances procedures, and require protections against drainage impacts.
Multiple Nederland residents urged the City Council on July 13 to intervene at a nearby construction site they say is raising ground levels and threatening flooding for long‑time neighbors.
Darren Johnson, of 1007 Chicago Avenue, told the council the developer “built the dirt up extremely high” at 1308 Helena and that runoff will drain toward his mother‑in‑law’s pier‑and‑beam house, accelerating subfloor rot. “So we need to see about getting something done about it,” he said.
Darryl Montgomery, who said his parents live adjacent to the site, said the developer is building two pads on one original homestead and that the north pad sits about four to five feet from the property line in places. He asked the council to pause construction and said he would seek a future agenda item if the work did not stop.
Norma Jean Montgomery, who said her family has owned 1308 Helena since 1939, told council members the house is supported on piers and that any change in drainage could “have serious consequences to our home and our property.” She asked the council to require “whatever protections are necessary to prevent flooding before construction continues.”
Jolie Shipley cited Nederland’s code (section 12.2) and a property replat, saying the two new lots are not the 50 feet wide required by ordinance and questioning a reported administrative allowance of a 3‑inch variance. She urged the council to require formal variance review rather than leave such allowances to staff. Shipley warned that relying on French drains could shift long‑term liability onto neighbors and the city.
Speakers repeatedly cited state and local drainage law and asked staff to verify setback measurements, the application of eave/overhang rules and whether the builder’s elevations comply with the city’s drainage requirements. Bob Klinger referenced the Texas water code’s prohibition on allowing drainage to flow onto another property.
City staff took questions about how the city measures setbacks and overhangs. The city manager and building staff said the 5‑foot setback is measured from the property line to the foundation (slab) and that typical eave allowances are 12 inches; they agreed to confirm whether the overhangs on the new structure require modification.
Council did not take immediate formal action to stop work during the meeting. Several residents asked for clearer communication about any official stop‑work orders, and some asked the council to place the matter on a future agenda for further review.
The council’s follow‑up will include staff verification of lot widths and setback measurements, review of any variance requests or approvals, and confirmation of whether existing drainage protections meet code. Residents asked to be notified of results; the council did not announce a specific timetable at the July 13 meeting.
