By Frances Allday

More homeowners in the floodway are becoming aware of the restrictions placed on their property by changes in City Ordinance 19, and are protesting what they feel is an infringement on their property rights. The ordinance prohibits any new building in a floodway, or any substantial improvements or repairs that cost 50% or more of the value of a structure. This means that homes or businesses sustaining substantial damage will not be able to get a permit to be repaired. It also means that a home or business cannot increase its footprint or add on to the structure if it sits in the floodway.

Some residents along Little White Oak Bayou in Independence Heights have only recently learned that their homes are in the floodway, and are subject to the city restrictions. A floodway is a primary runoff area along a waterway, and thus more likely to get high water during a very heavy rain event. All floodways are located within floodplains, which are larger areas adjacent to waterways. Thousands of Houston homes are located within floodways.

Mary Jane and John O'Fiel have lived in their cottage-style house on 1 1/2 acres in Independence Heights since 1992. It is located 200 feet from Little White Oak Bayou, with a small tributary abutting their property. The O'Fiels were looking forward to retirement and downsizing to a townhome so they could travel more. Unaware of the floodway restrictions, the O'Fiels placed their home on the market with a real estate agent. Six months later they learned that their home was in the floodway and any buyer would not be able to add onto the house, rebuild, or make any improvements that cost 50% or more of the value of the house. They said the real estate agent was unwilling to continue marketing the property, saying that the floodway restrictions lowered its value and made it difficult to sell.

Despite its proximity to the Bayou, the O'Fiels say their home has never flooded. Mrs. O'Fiel says the creek alongside their property filled to the top during Allison, but never went over its banks. She believes the creek keeps the Bayou from overflowing in her section of the neighborhood because it helps to drain away excess water.

The O'Fiels say they have enjoyed living on their wooded land, and have taken care to protect the natural environment. Their wood framed home is surrounded by lush foliage and large plants, giving it the appearance of a nature retreat. "We see all kinds of birds and wildlife along this creek," Mrs O'Fiel says, "including a large number of herons." She says her husband frequently removes debris from the creek to keep the water flowing.

Mrs. O'Fiel says, "the city floodway restrictions are causing us to lose our investment in our home without compensating us for the loss. We are locked into this situation and cannot do much of anything with our property." They have filed a lawsuit against the city over the floodway restrictions. "I don't like having to sue the city," Mr. O'Fiel says, " but we just don't have any other choice."

As a former civic club president, Mrs. O'Fiel continues to be involved in neighborhood issues and is currently keeping residents informed about the floodway ordinance. In a neighborhood meeting recently, residents who learned that their homes were in the floodway expressed their concerns about how the floodway restrictions will affect their property rights and values. George Salmeron, who has lived in the neighborhood since 1955, was surprised by the floodway designation along Little White Oak Bayou. He says when his family moved to the area, the land was a cow pasture. He watched many of the homes there being built. The hard clay soil, he says, provides a good foundation for the homes. According to Mr. Salmeron, the area had never flooded until Allison. "The only reason we flooded with Allison is that God sent us too much rain. The bayou has always been able to handle the runoff, but Allison was just an extreme event." He says he does not want to move from his home, but feels the ordinance may be an attempt by the city to remove homes from along the bayou.

Dorothy Patterson has been a resident of Independence Heights since 1977. She, too, had never experienced any flooding until Allison flooded her home. She managed to repair and remodel her home after the flood damage. She feels the ordinance restrictions in the floodway are an "underhanded act" by the city that has "tied homeowners hands". "I have my home paid for and have improved my property. Now its value is being lowered. This is not the American way."

John and Pearlene Pace have lived in their home in Independence Heights for over 40 years. Now retired, the Paces are enjoying the comfort and security their well-kept home provides. Mr. Pace has been active in seeking improvements to the neighborhood. He says that the residents will soon get new streets, new sidewalks and better drainage. "We fought for this since '98 and the city has finally approved it. It doesn't make much sense what they are doing with this floodway ordinance now."

Little White Oak Bayou also flows through Little York Annex, west of Independence Heights. Carol Kleiber's home and several parcels of land she owns are also in the floodway. Her home was built in the 1920s on seven acres near the bayou. She owns a nearby mobile home park in the floodway. Ms. Kleiber says she will not be able to build on this land or add mobile homes because of the floodway restrictions. "This affects my home and business as well," she says. She points out that a home in the neighborhood burned and all that is left is a slab. Nothing can be done with this property because it is in a floodway. She explains that an auction of the property was canceled when it was learned it was in a floodway. "Now the vacant land with a slab just sits there," she says, "and there is no way to build anything on it."

Many homes and businesses allowed to build near bayous and streams 30 or 40 years ago are now placed in the flood hazard zone. Property owners in the floodway who improved and maintained their property over the years are finding their investment is threatened by the restrictions in the city ordinance. Independence Heights residents and others are now working to get the ordinance changed, and restore the rights to their property. They realize the importance of eliminating impediments to water flow along bayous, but feel that they should not bear the financial burden of flood control efforts.