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Committee hears staff weigh impacts of new state law limiting local regulation of generators
Summary
Committee members raised a September 1 state law affecting permits for generators outside the floodplain; city staff said they are researching conflicts with local ordinances and will consult Texas Municipal League and peer cities before advising whether the city can still regulate in some circumstances.
A committee member told the Drainage and Flooding Committee that state legislation effective Sept. 1 restricts local authority to permit or regulate generators sited outside the floodplain, prompting staff to examine legal options.
"State legislature passed a law this year, that generators outside of the flood well, we're no longer allowed to permit building or issue building permits for generators," a committee member said, noting the new law's effective date. City staff responded that the city is reviewing the legislation for conflicts with existing ordinances. "I'm working with staff, on on those questions," the staff member said, and added the city will consult other municipalities and the Texas Municipal League to determine how cities are interpreting the change.
Staff emphasized the distinction between the criteria manual and floodplain ordinances: floodplain authority and generator-elevation rules remain tied to the city's ordinances. The committee did not take formal action; staff said they will report back after legal review and peer consultation.
