About
About the Flood Control District
Flood Damage Reduction Tools
Structural Tools
Non-Structural Tools
Infrastructure Maintenance
Harris County's Flooding History
Hurricane Harvey
Spring Floods 2016
Hurricane Ike 2008
Tropical Storm Allison 2001
Flooding and Floodplains
Drainage Network
Benefits of Flood Damage Reduction
Partnership Funding
CDBG Funding
Activity
2018 Bond Program
Prioritization Framework
Project Lifecycle
2018 Bond Program FAQ
Completed Bond ID Summaries
Capital Improvement Program
Subdivision Drainage Projects
Maintenance Programs
Property Management Program
Abandoned Bridge Program
Vegetation Management
Tree Planting Program
Major Maintenance Projects
NRCS-HCFCD Partnership Repair Program
Emergency Repairs - COMPLETED
Additional Programs
Hurricane Harvey Disaster Recovery FEMA Sediment Removal Program
Development Coordination and Inspection
LOMR Review Program
MAAPnext Development Program
Property Acquisition Program
UAS and The Flood Control District
Watershed Environmental Baseline (W.E.B.) Program
Wetland Mitigation Banks
Stormwater Quality
Home Buyout Program
Floodplain Preservation
Raingarden Demonstration Project
Projects
Countywide or Multi-Watershed
Addicks Reservoir
Armand Bayou
Barker Reservoir
Brays Bayou
Buffalo Bayou
Carpenters Bayou
Cedar Bayou
Clear Creek
Cypress Creek
Greens Bayou
Halls Bayou
Hunting Bayou
Jackson Bayou
Little Cypress Creek
Luce Bayou
San Jacinto River
San Jacinto & Galveston Bay
Sims Bayou
Spring Creek
Spring Gully & Goose Creek
Vince Bayou
White Oak Bayou
Willow Creek
Resources
Storm Center
Flood Warning System
Report House Flooding
Preparing for a Storm
Interactive Mapping Tools
Harris County Flood Education
Mowing Schedule Explained
Active Construction Projects
BMPbase - Regional BMP Database
Model and Map Management (M3) System
Harris County Floodplain Reference Marks
Education Materials
Clean Waterways
Regional Public Education Services Program
School-Age information materials
Technical Manuals
All Technical Manuals
12 Month Bid Outlook
2019 Land Surveying Guidelines
Application to Discharge (2011)
2019 Atlas 14 Policy Criteria and Procedures Manual (PCPM)
Cad Standards Manual
Channel System - Unit Numbers
Construction Unit Pay Items (Quarterly) - Project Bidding
Design Guidelines for HCFCD Wet Bottom Detention Basins With Water Quality Features
Design Manual for Articulating Concrete Block Systems
Development Coordination and Inspection
Draft Hazard Mitigation Plan (2011)
Harris County Low Impact Development Design Criteria Manual
Hydrology and Hydraulics Guidance Manual
Little Cypress Creek Interim Guidelines
Little Cypress Creek Master Drainage Plan
Lomr Delegation
Model and Map Management System
Natural Stable Channel Design
Ordinary High Water Mark Manual
Previously Approved Submittals Reference Book
Quality Assurance / Quality Control
Standard Specifications & Related Drawings
Supplemental Guidelines and Criteria for Developing in the Addicks Reservoir Watershed, Barker Reservoir Watershed and the Cypress Creek Watershed Upstream of Us 290
Upper Langham Creek Development Guidelines
Watershed Coordination
Downloads
Glossary
FAQ
Community
Community Engagement and Public Meetings
Contact Us
General Inquiries
Service Request
Community Satisfaction Survey
Floodplain Administrators
Public Information Requests
Harris County Phone Directory
Sign Up for News
Speakers and Event Request
Community Services Program
Press Room
Press Room
The Watermark Newsletter
Media Requests
Contact Our Communications Team
Work With Us
Our Programs  ⁄  Encroachments Removal Program

Encroachments Removal Program

Encroachments Removal Program
Menu
Encroachments Removal Program

Encroachments Removal Program

The Encroachments Removal Program exists to enforce access to our rights-of-way along the more than 2,500 linear miles of channel under the jurisdiction of the Harris County Flood Control District. The program was created as a result of House Bill 3782, approved during the 85th Legislative Session.

To perform maintenance and construction activities on our bayous, creeks, and streams, crews must have access to Flood Control District property or easement adjacent to these channels. Blocking access to this property is known as an encroachment and can cause serious problems during flooding events such as extreme rainfall, hurricanes, and tropical storms. 

Flood waters don’t respect property lines, but property owners should. The Encroachments Removal Program can help property owners determine if an encroachment exists and needs to be removed or if a planned project will extend into Flood Control District property or easement. If your property is deemed to be encroaching on our right-of-way, your compliance in resolving the conflict is greatly appreciated.

Submit a Comment

Frequently Asked Questions

What is an encroachment?

Encroachments are the unauthorized use of Flood Control District right-of-way in the form of property ownership or drainage easement. For example, when property owners build a fence or place a deck or storage shed on a Flood Control District right-of-way without authorization, they are encroaching on the land and impeding its use for construction access and maintenance activities.

Why are encroachments harmful?

Encroachments on Flood Control District property can:

  • Obstruct drainage channels from carrying stormwater efficiently. 
  • Block maintenance equipment from performing necessary repairs. 
  • Increase the overall cost of maintaining existing infrastructure.
  • Prevent rescue workers and first responders from reaching people during particularly hazardous weather events.

How can I avoid creating encroachments?

While planning a new fence, shed, or landscaping project, many property owners may not be fully aware of an existing easement or property right that could impact their project. Always be sure you are using an up-to-date survey of your property that indicates any public easements or rights-of-way before starting a project on your property. For assistance, contact the Flood Control District’s Encroachment Removal Office via the “Submit a Comment” link above.

What do I do if I receive a letter from the Flood Control District about an existing encroachment?

Receiving an encroachment removal notification from the Flood Control District to remove a fence, deck, structure or landscaping established on your property can be very frustrating. However, removal is extremely important to maintain and implement crucial flood prevention projects in your neighborhood.

The process of removal will start with a letter, a door hanger, or a personal visit from an inspector or project manager to discuss the encroachment. While it is the responsibility of the property owner to remove encroachments, the Flood Control District’s Encroachment Removal Office is available to assist the property owner through the entire process.

The Flood Control District’s process for removing encroachments includes:

  1. The Flood Control District sends two written notifications to the property owner (30 days apart) advising the owner to remove the encroachment by a specified date.
  2. If encroachments are not removed by the specified date, the Flood Control District marks the location of the encroachment, and a contractor takes appropriate action to remove the encroachments so that construction activities may proceed.
  3. Recent Texas legislation (H.B. 3782) allows the Flood Control District to remove encroachments and then potentially recoup the cost of the removal from the property owner by going to court. The Flood Control District will not be responsible for damages to, or replacement of, items that are removed from the Flood Control District’s right-of-way.

Glossary of Terms

Easement: A limited interest to a strip of land next to a bayou or channel that is granted by a property owner or developer to allow the Flood Control District access to perform needed maintenance or construction activities.

Encroachment: The unauthorized use of Flood Control District right-of-way that may prevent us from performing needed maintenance or construction activities (Example: A fence, stored items, landscaping, or other features such as a shed, that is placed or extends into Flood Control District right-of-way).

House Bill 3782: A 2019 law, passed by the Texas Legislature and signed by the Governor, that allows the Flood Control District to remove encroachments and potentially recoup the cost of the removal from the property owner by going to court.

Right-of-way: A strip of land next to a bayou or channel that is either directly owned by the Flood Control District or granted by a property owner or developer allowing the Flood Control District access to perform needed maintenance or construction activities.