Fillable PetitionforVestedRightsDetermination 1. The name, email address, mailing address, (Harris County Engineering Department)

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PetitionforVestedRightsDetermination 1. The name, email address, mailing address, (Harris County Engineering Department)

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PetitionforVestedRightsDetermination
Refertothe“VestedRights”sectionofFloodplainandInfrastructureRegulationsforinstruction:
SubmissionDate:
1. The name, email address, mailing address, phone number, and fax number of the applicant (or the
applicant’sdulyauthorizedagent):
2. Identifythepropertyforwhichthepersonclaimsavestedright(includingtheProject’sHCAD#s):
3. Identifytheapplications(includingtheProject#s)forwhichtheapplicantseeksrelief:
4. Identifythe“Project”asthattermisdefinedinTex.Loc.Gov’tCode§245.001(3)andtheoriginalpermit
application,permit,plat,ordrainagereportrelatedtotheProject(includingtheProject#s):
5. Identifyeachsubsequentpermitapplicationorpermitconstitutingtheseriesofpermitsrelatedtothe
Projectidentifiedin4above,bytypeofpermitanddatesfiledorapprovedbytheCountyEngineer(including
thePermitorProject#s).
6. IdentifyallpertinentprovisionsoftheseRegulationsineffectatthetimetheoriginalapplicationforthe
permitwasfiledthat(a)theapplicantcontendscontroltheapproval,disapprovaloftheapplicationfora
permitforwhichreliefissought,pursuanttoTex.Loc.Gov’tCode§245.002(a)&(b):
7. Identify all the specific provisions of the Regulations that the applicant contends do not apply to the
ProjectduetoVestedRights:
AdditionalInformation(ifrequired):
07/10/19
ThefollowingplannotemustbeaffixedtothecoverpageofeveryplanthatisdeterminedtohaveVested
RightsbyHarrisCounty.TheProjectEngineer’ssignatureandsealconfirmthisstatement.
“On <<date>>, the Engineer whose seal and signature appear on this plan has formally and voluntarily
requestedthatthisplanbereviewedundertheFloodplainandInfrastructureRegulationsandineffectatthe
timeoftheinitialapplicationorplansubmittalinaccordancewithTexasLocalGovernmentCodeChapter245.
The Engineer has demonstrated that the initial application or plan submittal meets the qualifications for
VestedRightsandthereforeHarrisCountyhassignedtheseplansbasedontheregulationsineffectatthe
timeoftheinitialprojectsubmittal.TheEngineeracknowledgesthatthecurrentHarrisCountyFloodplain
andInfrastructureRegulationsare basedon technicalinformationthatmoreaccuratelydefines floodrisk
thananypriorregulationsunderwhichaVestedRightsdeterminationhasbeensought.”
IftheproposedfillislocatedpartiallyorentirelyinShadedZoneX,thefollowingplannoteandcalculation
mustalsobeaffixedtothecoverpageofeveryplanthatisdeterminedtohaveVestedRightsbyHarris
County.TheProjectEngineer’ssignatureandsealconfirmthisstatement:
“AdditionalVolumeofProposedFillMaterialProposedthatRemainsUnmitigatedduetoPetitionforVested
Rights‐______CubicYards”
“Owner’sAcknowledgementRegardingIssuanceofPermitunderVestedRightsDetermination”isrequired
aspartofthePetitionforVestedRights.Seepages3and4.
DeterminationbyCountyEngineer:
OWNER’S ACKNOWLEDGEMENT REGARDING
ISSUANCEOF
PERMITUNDERVESTEDRIGHTSDETERMINATION
I, , ( “Owner”) hereby
acknowledge and agree to the following:
1. I a m t he O wne r of certain land in Harris County, Texas,
commonly
known as: (street address) and further described below
(“Property”)
(Provide Legal Description of Property)
rein
2. As required by law, Harris County has issued a
development permit to Owner for a project to be performed on the
Property (the “Project”) as a result of a Vested Rights
determination made in accordance with Tex. Loc. Gov’t Code
Section 245.001, et seq.
3. A permit issued under a Vested Rights determination is not
based on best available data that more accurately defines flood
risks and, by requesting a Vested Rights determination, Owner
is voluntarily electing to develop the Project without using the
best available data for flood mitigation design.
4. A permit issued by Harris County in recognition of Owner’s
Vested Rights is not a determination that the Project on
Owner’s Property is being constructed in compliance with
current state law.
5. By developing the Project with a permit issued under a Vested
Rights determination, Owner is voluntarily electing to develop
the Project in a manner that is not in compliance with the
current Regulations of Harris County, Texas for Floodplain
Management and the Harris County, Texas Regulations for the
Approval and Acceptance of Infrastructure; and that such
development is against the recommendation of the Harris
County Engineer.
6. THE DEVELOPMENT OF THE PROJECT WITH A PERMIT THAT
HAS BEEN ISSUED UNDER A VESTED RIGHTS
DETERMINATION MAY CAUSE FLOODING ON THE
PROPERTY OF OTHERS. FURTHER, FAILING TO MITIGATE
FLOOD RISKS USING BEST AVAILABLE DATA MAY RESULT
IN THE LIABILITY OF OWNER FOR FLOOD DAMAGE TO THE
PROPERTY OF OTHERS.
7. O w n e r has read Section 11.086 of the Texas Water Code
and is familiar
with the provisions of said statute.
Signature of Owner
IfLegalBusinessEntity:
THESTATEOFTEXAS §
COUNTYOFHARRIS
§
PrintNameofOwner(IfIndividual)
Acknowledged, subscribed and sworn to before me by____________________ (Signator’s
Name), as _________________(title) of _____________(Owner’s Name), a ________________
(Legal Business Entity), this ________ day of ______________________, 20________.
(
SEAL)
Notary Public
In and for the State of Texas
My Commission Expires
IfIndividual:
THESTATEOFTEXAS §
COUNTYOFHARRIS
§
Acknowledged, subscribed and sworn to be before me by____________________, this
__________ day of _____________________, 20________.
SEAL)_______________________________
N
otaryPublic
In and for the State of Texas
My Commission Expires _________
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PetitionforVestedRightsDetermination 1. The name, email address, mailing address, (Harris County Engineering Department)

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Completed 1 April 2021

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