Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 301 - LEVEE IMPROVEMENT DISTRICTS, DISTRICT PLANS OF RECLAMATION, AND LEVEES AND OTHER IMPROVEMENTS › Subchapter A - GENERAL PROVISIONS › Section 301.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) As-built plans--The
				  engineering plans and specifications for levees or other improvements which
				  reflect the structures as actually built, for which preliminary plans and final
				  plans were approved, and which are submitted to the executive director for
				  issuance of notice of final approval.
(2) Final plans--The final engineering plans
				  and specifications for levees or other improvements submitted to the executive
				  director for review and approval, if not an exempt structure under Texas Water
				  Code, §
										16.236.
(3) Levee(s) or other improvement(s)--Any
				  levee or other improvement, including channel improvements, drainage works, or
				  other projects on, along, or near any stream in this state that is subject to
				  floods, freshets, or overflows, constructed so as to control, regulate, or
				  otherwise change the floodwater of the stream. However, the term does not
				  include:
(A) levees or other improvements for
				  which approval by the commission is not required under Texas Water Code, §
											16.236;
(B) bridges, culverts, and roads that are not
				  designed or constructed with the primary purpose to and that do not
				  significantly control, regulate, or otherwise change the floodwaters of a
				  stream;
(C) drainage works which do
				  not directly connect to a stream;
(D) projects which, when completed, will
				  receive runoff from an area of less than five square miles measured to the
				  lowest point of construction;
(E)
				  fences;
(F) cutting, clearing, or
				  removing vegetation; and
(G) levees
				  and landfills located within the 100-year flood-fringe area, as defined in
				  clauses (i) - (iv) of this subparagraph, as determined by a registered
				  professional engineer using the United States Army Corps of Engineers
				  Hydrologic Engineering Center I and II procedures or other standard procedure
				  acceptable to the executive director;
(i)
				  100-year flood--The peak flood discharge of a stream, based upon statistical
				  data, which would have a 1.0% chance of occurring in any given year;
(ii) 100-year flood fringe--That area of the
				  100-year floodplain outside the 100-year floodway;
(iii) 100-year floodplain--That area along a
				  stream during the time the stream is subject to the statistical 100-year flood,
				  as determined by a registered professional engineer using the United States
				  Army Corps of Engineers Hydrologic Engineering Center I and II procedures or
				  other standard procedure acceptable to the executive director;
(iv) 100-year floodway--The channel of a
				  stream and adjacent land areas that must be reserved in order to discharge the
				  100-year flood without cumulatively increasing the water surface elevation more
				  than one foot above the 100-year flood elevation prior to
				  encroachment.