How to sell land in floodway

Question

We purchased 11 lots across the street from our homestead Approx 20 years ago in order to prevent building and overcrowding. We are now disabled and maintaining the land (in city limits) is becoming too much, AND property tax values are TOO high, due to a few lots that keep selling and owners later finding out new fema guidelines have made lots unbuildable.
We had an engineer come out, and according to his opinion, the lots are not buildable. We were told just a year ago that we could scrape part of land and build up a certain amt of feet above BFE. BUT NOW, city adopted FEMA's new requirements for "NO RISE CERTIFICATES" and "FLOOD ELEVATION CERTIFICATES". We sold one lot only to be told that it is not buildable, AND that non of our lots are buildable. We refunded money to buyer out of courtesy, since we had NO CLUE of these new FEMA NO RISE building requirements implemented in 2023.
We now own 11 platted lots that are supposedly unbuildable, being highly taxed, and require being maintained and mowed continuously.
Have any of you found a way around these FEMA building restrictions in FLOODWAY? We really don't know what to do. We were hoping to sell all lots together to an engineer who knows how to build in floodway inside city limits of SEGUIN, Tx.
Any advice is greatly appreciated.

Dawn Hunt · Answer

If it were me, I would approach from two directions. I would start by filing a Property Appraisal Protest Application with the County for each Lot. Submit with your engineer’s report and reference the city’s adoption of FEMA’s requirements for No Rise/Flood Elevation Certificates. Also include reporting from refunded buyer, documenting they could not build. Request reclassification of each Lot. This will drop the tax rate. Request they backdate the tax adjustment to the date FEMA regulations implemented by the City.

Be prepared for the process to take many months. Ask questions. What options are available for a lot that is no longer buildable? Will it be reclassified as Open Land, Agriculture, Timber?

Next I would consider alternative uses for the land, and market the sale toward those uses. In my area, floodplains are often classified as Open Land or Agricultural. Are there conservationists who may be interested, farmers or ranchers?

Consider leasing the land to a local rancher for grazing. Include in the lease they are responsible for maintaining the land how you want it (specify). You probably won’t make money, but you won't have to maintain and the lease covers your taxes.

You may find a builder to purchase all 11 Lots and deal with the floodway. If there are less expensive parcels to build on, they will probably be built up first. Parcels requiring extensive engineering will be built up later as land becomes limited and housing prices go up.

Fred Haas · Answer

The terms used when describing floodplain areas have specific meanings. The floodplain consists of the "floodway" and the "flood fringe". The regulatory floodway is calculated by constricting the boundaries of the floodplain resulting in a 1 foot rise to the base flood elevation (BFE). In any jurisdiction (city, county,whoever is in charge), no structures can be put in the regulatory floodway because it will impact (ie raise) the elevation of the floodwaters surrounding the property. Depending on the jurisdiction, some will allow, and some will not allow, development in the flood fringe as long as you can demonstrate that the development does not raise the BFE (no rise) or possibly some other criteria, again jurisdiction specific. If development is allowed in the flood fringe then it has to meet certain criteria like it must be a certain elevation above the BFE, at least 1 foot, maybe more depending on the location, and it must be built with certain materials among other things. You can tell what zone you are in by searching your address here. https://msc.fema.gov/portal/search The City of San Antonio looks like they allow for certain construction in the floodplain as long as it does not raise the water surface more than 6 inches,but the "no rise" applies to the floodway. You can see their rules here.https://library.municode.com/tx/san_antonio/codes/unified_de... So, from what you have said it sounds like your lots are in the floodway based on what the engineer told you. Unless the floodplain study for this area is new this is not something that has just happened recently. Your options are to appeal the appraisal, make it agricultural (community garden or farm crops), raise bees or anythng like that to get the taxes down. As a general development rule, floodplains make good amenity areas so maybe you could sell it to the city or neighboring HOA looking for parking and pickleball courts or similar, or look through the allowed uses in a floodplain per the COSA regulations and see if anything sparks for you. I hope this is helpful. All the best!

Sherry McQuage · Answer

This answer is about what I would have said...appeal the tax appraisal for the land.  It isn't "fair" that they tax you like it's buildable land, yet won't let it be built upon.  Find a local attorney that deals with this type situation, and get their advice.  Best to you!

NA Morris · Answer

Thank you for responding to my post. we did take documentation to appraisal board of all that you mentioned. They would not budge. Property being in floodway requires engineered fencing if it is not just chain link.  We'd thought about putting horses on the land. However, the city won't even allow lean tos for shelter without engineer report. It's crazy. We do hope there's an engineer out there who know ways around these ridiculous new No Rise requirements.

How to sell land in floodway

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