TxDOT and Local Floodplain Regulations

Texas Attorneys General have ruled in a series of opinions [JM-117(1983); C-690(1966); JM-1035(1989)] that state agencies are prohibited from applying for permits from subordinate jurisdictions. Although the opinions were written originally to address the issue of electrical utilities and cities attempting to require TxDOT contractors to apply for permits for roadway illumination installations, the opinion applies equally to community floodplain permit requirements. A court decision speaking to this concept is City of Houston v. Houston ISD, 436 S.W. 2ND 568, at 572, “Properties of the State are excluded as a matter of law from the application of City building regulations.”