NEIGHBORHOOD FLOODING: INFORMATION THAT MATTERS
Updated: Aug 25
Between the primary election in March 2026 through my swearing into office on June 23, many precinct residents have contacted me to voice their concerns regarding neighborhood and road flooding within the precinct.
In response, I did some research on the legal layouts of sections eleven (11) and twelve (12) of the Clear Creek Forest (CCF) subdivision and have met with their respective HOA boards. I've reviewed the section plat maps and deed restrictions to determine the defined drainage easements and the parties responsible for maintaining these easements.
I’ve also done some preliminary research on the tributaries running through the area, reviewed the flood plain locations, and read through the Montgomery County Drainage Criteria Manual adopted on August 26, 2025. I’ve included some of my findings in this article.
The County Structure: Who Governs our Precinct
Our voting precinct (65) is unincorporated, so it is governed by the Montgomery County Commissioner’s Court. The court is comprised of four (4) county commissioners and a county judge. The following individuals represent our county-wide interests which include county budget and tax rate, roads, bridges, infrastructure, contracts, purchasing, personnel, salaries, filling vacancies, county policies, administration, and election oversight. This court does not exercise judicial powers.
Mark Keough | County Judge |
Robert Walker | Pct 1 |
Charlie Riley - Pct 65 commissioner | Pct 2 |
Rich Wheeler | Pct 3 |
Matt Gray | Pct 4 |
The Court’s authority comes from the Texas Constitution and the Texas Local Government Code, Chapter 81. The County is generally responsible for the regular inspection and maintenance of the roadways, roadside ditch cleaning and reshaping, and major culvert maintenance and replacement (not private driveways). They do not clear any private property drainage easements; however, they can inspect and enforce the maintenance of any drainage easement that is not being properly maintained that might be causing issues for other property owners.
Property Owner Requirements
To determine if your property contains a platted drainage easement (D.E.), review your property survey and/or plat map to ensure you are complying with your deed restrictions and county statues. Drainage easements located on private property must be unobstructed (fences, sheds, landscaping that obstructs flow, berms, mounds or grading changes…) and must remain open for water flow. Property owners with a platted drainage easement must keep it clear, remove obstructions, maintain the grade, and ensure water flows as designed. Maintaining these drainage easements helps to ensure proper water flow during heavy flood events.
For those who own property within a floodplain, flood plain easements (F.P.E. or 100 year floodplain) play a much larger role and require permitting before alteration. Generally, the property owner(s) can clear any lose obstructions (trees, limbs, trash, etc.…) and may keep any weeds or grasses maintained to assist in the flow of water. However, if additional work needs to be performed, the work will require a permit from the County as alterations may cause adverse affects that might result in significant personal liability. If you have any questions concerning flood plain maintenance, consult with the Montgomery County Floodplain Administrative office for more information. They can be reached at 936-539-7833.
Duties of the Homeowners Associations
Texas HOA laws follow the Restrictive Covenants statue, which is in Title 11 of the Texas Property Code. HOA’s must follow their own association documents. These documents typically include the Articles of Incorporation, Bylaws, declaration of Covenants, plats, conditions, and restrictions and community rules and policies. Not all communities will have the same set of guidelines, but most rely on a similar set of materials. Plats designate drainage easements that are either considered a reserve, where the HOA would maintain drainage, or fall on private property and are maintained by the property owner (outlined above). If you are not sure of the legal requirements associated with your property, check with your HOA management company and/or a real estate attorney.
Spring Creek Watershed Feasibility Study Completed by the San Jacinto River Authority
Our precinct hosts two major drainage systems in Magnolia; Walnut Creek and Brushy Creek. Both watersheds empty into Spring Creek which then flows to the West Fork of the San Jacinto River. The San Jacinto River Authority recently completed a study on the Walnut Creek and Birch Creek watersheds, modeling hydrology, hydraulics, sedimentation, floodplain mapping, and mitigation options (study can be found here). The objective of the study was to determine the best course of action to reduce flooding along Spring Creek. The study recommended utilizing a dry dam detention facility which would impound stream flow during a flood event. This dam would be located upstream in Waller County.
Several concerns were identified which included scarcity of undeveloped land for the dams, low benefit-cost ratios, and the determination of what entity would fund and own the project. The study was funded by several different impacted entities at a cost of $1m and both solutions turned in a positive BCR, which may qualify for federal funding. I requested additional feedback from SJRA on the status of the study, but have not heard back.
County Contact Information
If you require road repairs and resurfacing, roadside ditch cleaning and regrading, culvert replacement/cleaning, tree and brush removal in right-of-way, or drainage flow restoration after storms, contact the County Road and Bridge department via phone at 281-259-6492 or via e-mail at contactcommp2@mctx.org. If you need additional assistance, contact the Commissioner’s Court at 936-539-7812. For questions or concerns regarding a property within a Flood Plain, you may call the Montgomery County Flood Plain Administration. Their office number is 936-539-7836 or you may email them at info.floodplain@mctx.org. If you have a complaint, you will need to use the Administration Complaint Form link below.
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