Recently the City of Houston Floodplain Management Office ("FMO")started sending Substantial Damage Letters to City of Houston residents where any portion of their property is located in the 100-year floodplain and where, given information provided to the FMO by FEMA, their home sustained substantial damage.

"Substantial Damage" means that the cost of restoring your house to its pre-damage condition equals or exceeds 50% of the market value of the structure. For example, if the total cost to repair a home is $100,000 and the structure is valued at $200,000, the home is 50% damaged, making it substantially damaged.

If you received a Substantial Damage Letter, you have the following options to obtain a flood damage repair permit:

(1) Appeal the Substantial Damage Determination

Complete and submit the Substantial Damage Determination Appeal Form found at https://www.publicworks.houstontx.gov/notices/flood-damage-repair.html and submit it along with the required documentation proving that your house or building is not substantially damaged (insurance proof of loss or personal proof of loss). The FMO will respond in writing. If a homeowner disagrees with FMO's response to their appeal, they can make an appeal to the City's General Appeal Board;

(2) Appeal and Show That Your House is Already in Compliance by Submitting an Elevation Certificate or a Topographic Survey

To be in compliance, a home must meet the elevation requirements (the lowest living floor must be 12 inches above Base Flood Elevation (BFE) in the 100-year floodplain and the lowest horizontal member must be 18 inches above BFE in the floodway) and the performance standards described in Chapter 19 of the Houston Code of Ordinances. For most structures, this will require submittal of an Elevation Certificate or a topographic (elevation) survey. In many cases, homeowners received the Substantial Damage Letter because their lots are partially in the 100-year floodplain. The city's floodplain ordinance states that lots that are partially in the 100-year floodplain are regulated like they are in the 100-year floodplain unless the owner's topographic survey or elevation certificate proves that the home is elevated above the 100-year flood elevation. If you don't have an elevation certificate or topographic survey, you can still submit an appeal and FMO will do their best to determine if they can tell that your house is high enough to be compliant (map research, site visit, checking files for elevation certificates of your home or neighboring properties); or

(3) Bring Your House into Compliance with Chapter 19

This is the only option available if your house IS in the 100-year floodplain and you DID sustain substantial damage. Should a homeowner choose to elevate their home it must be elevated to meet elevation requirements (lowest living floor must be 12 inches above Base Flood Elevation (BFE) in the 100-year floodplain, lowest horizontal member must be 18 inches above BFE in the floodway) and other performance standards described in Chapter 19 of the Houston Code of Ordinances. Performance standards include the use of flood-resistant materials, flood-protected utilities, pier and beam foundations, and adequate flood openings.

Houston Code of Ordinances Chapter 19: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH19FLPL

Homeowners can call the Floodplain Management Office with any questions at (832) 394-8854, or email them at fmo@houstontx.gov