Bill to increase development over aquifer and in floodplains dies quietly
updated July 6, 2011

A bill introduced by Senator Dan Patrick (R-Houston) would have nullified San Antonio’s strong protection for trees standing in floodplains. Patrick's bill failed to get a committee hearing and died when the Legislature adjourned on May 30th.

Tree ordinance rules protecting floodplain trees would have been classified as “takings”. Floodplains would have been “open for development”, and developers would have been free to rechannel or bury our creeks.

In addition, certain impervious cover limits in our aquifer protection ordinance would have been negated. It would have required the city to either pay compensation to recharge zone developers or cease enforcement of the limits.

The bill even applied to ordinances that protect from “real and substantial threats to public health and safety”. It would have been retroactive 2 years.