SAN MARCOS CITY COUNCIL
The San Marcos City Council approved six to one with one absent, on the first of two readings, the amendment of the Flood Damage Prevention portion of the San Marcos City Code by adopting a preliminary map revision to the flood insurance rate maps at the regularly scheduled meeting. According to city documents, Chapter 39 of the city of San Marcos Code of Ordinances, is the Flood Damage Prevention Ordinance, which establishes regulations and responsibilities for managing areas of special flood hazards. As part of the city’s participation in the National Flood Insurance Program, the city must enforce this ordinance and adopt the latest maps as they are issued. Those that could be impacted are homeowners, new developments and businesses. The second reading of this item for the council will occur on Jan. 7, and the maps will become effective Jan. 17.
Richard Reynosa, San Marcos Engineering and Capital Improvements director, gave some of the history. The city participated in updating models and studies with Guadalupe Blanco River Authority in 2014. The Memorial Day Flood occurred in 2015, and the Federal Emergency Management Agency took the lead in furthering these studies in order to update the flood insurance rate maps. In 2017, the draft preliminary maps were released, and Atlas 14 was released in 2018. The physical map revision was released in 2019, and the final maps were issued for adoption this year. Reynosa said the maps have changed due to the updated hydrology and hydrologic studies conducted by FEMA as well as improvements in modeling.
San Marcos City Council Member Amanda Rodriguez said there was a ProPublica story that stated that, in the past, many people who were added to the floodplain disputed it legally and won as it was found that there was no real reason for their properties to be considered a part of the floodplain.
“There was a lawsuit filed, which Texas actually entered into with some other states, regarding FEMA maps and regarding the insurance prices that were going to rise,” Rodriguez said. “I don’t know the status of the lawsuit as it was filed pretty recently in anticipation of these new maps.”
San Marcos City Attorney Samuel Aguirre said that “we have to go with what our working knowledge of the law is right now and the requirement to update these FEMA maps.” He added that if there was a definitive court ruling, the city would have to revisit it at that time.
San Marcos City Council Member Mark Gleason pointed out that revising the maps would increase the amount of property in the flood plain by approximately 800 acres. He said he would like to know specifically how many properties that would be impacted, but city staff did not yet have that information. He said the purpose of this item is actually to make the city eligible for the national flood insurance program.
Reynosa said the benefits of participation in the National Flood Insurance program is so that property owners would be able to obtain that flood insurance. Gleason said they could obtain it either way, but without the city’s cooperation, FEMA is not required to issue it and it could cost more.
Gleason asked if the property owners had been notified by either FEMA or the city, and Reynosa said he did not know the answer to that as of yet.
Reynosa said it was unnecessary to change your home if added to the floodplain unless making a substantial improvement to the home. The ordinance and necessary home modifications would apply to new developments only. He added that a homeowner is not required to have flood insurance if the home is paid off, only if it is under a mortgage.
Gleason said this could encourage investors to buy the property in lieu of residents who may not be able to afford the flood insurance, particularly if one actually occurs. He said it is time that the flooding issue is fixed and that the state and federal government need to “step up” and create some flood mitigation measures for the Blanco River.
Rodriguez said you can still apply for FEMA assistance without insurance if a flood occurs, but you can only receive assistance once. She wanted city staff to create educational materials for residents related to what can happen if one is to forgo flood insurance.
Gleason added that one should probably get flood insurance even if they are not in the floodplain.
“Even if you think you’re [home is] not going to flood,” Gleason said. “Go get it.”
San Marcos Mayor Jane Hughson said she would like more information the next time this item comes before council, particularly the amount of that added acreage that is commercial and residential. She wanted to know how it will impact future economic development measures. She added that the required two-foot freeboard, an elevation of the building’s lowest floor above the flood level, for homes in the floodplain would increase building costs for any future development and might impact where development would occur.
