Home / Easements and Permits
Before anyone digs in a Katy yard
Three questions come before the first shovel: what is buried here, who owns the path the water will take, and does this work need a permit. The answers depend on whether the lot is inside the City of Katy, in unincorporated Harris County or in unincorporated Fort Bend County.
Call 811 Before Anyone Digs
Texas811 says to give notice at least two business days before excavating, weekends and holidays not counted. The call is free, and it covers homeowners doing their own digging, not only contractors. Utility operators then mark their lines in the work area.
A French drain trench or a catch basin pit crosses the same strip of yard where gas, electric, cable and water service lines run. Ask the contractor who is placing the 811 request and wait for the marks before the trench opens. Private lines, such as a sprinkler system or wiring to a detached shed, may not be marked by anyone, so point those out yourself.
City, Harris County or Fort Bend County
Greater Katy spills across three counties. The City of Katy calls itself the hub of Harris, Waller and Fort Bend counties, and most of the subdivisions people call “Katy” are outside the city limits entirely. Who you ask depends on where the lot is.
| Where the lot is | What this site found | Who to ask |
|---|---|---|
| Inside the City of Katy | The City lists sidewalks, driveways, patios and lawn irrigation systems among work that needs a permit, and it has adopted the 2021 International Residential Code. | City of Katy permits, 281-391-4830 |
| Unincorporated Harris County | Any work in the mapped Special Flood Hazard Area, including grading, filling and paving, needs a residential permit and has to meet floodplain rules. Street and storm sewer problems inside a subdivision go to the entity that maintains them. | Harris County Engineering for permits; your County Commissioner’s office or the MUD for subdivision drainage |
| Unincorporated Fort Bend County | A permit is required for work in the floodplain, and for fill or excavation over 500 cubic yards per acre or any change in elevation of six inches or more. | Fort Bend County Engineering, Permit Administration, 281-633-7500 |
That Fort Bend six-inch line matters for drainage specifically, because regrading a yard is exactly a change in elevation. Ask the contractor to confirm with the county whether the plan crosses it.
Sources: City of Katy Permit & Building Services and City Codes pages; Harris County Office of the County Engineer, Floodplain Management; Fort Bend County Engineering, “Do I need to apply for a permit?” Rules change; confirm with the office before work starts.
The Strip of Your Yard That Is Not Only Yours
Many Katy lots carry a drainage or utility easement, often along the back or side lot line. The plat and your survey show it. Work in an easement can be removed by whoever holds it, and a fence, bed or rock border that blocks a drainage easement is a common reason a rear swale stops working.
Who maintains the channel behind a lot varies. In Fort Bend County, the county’s drainage district says it will usually clear debris from a creek where it holds a drainage easement; its maintenance line is 281-342-0141. Roadside ditches outside city limits there belong to Road and Bridge, 281-342-4513. In Harris County, the Flood Control District handles the major channels and reservoirs, and says neighborhood streets and storm sewers belong to the city or the county.
What Texas Law Says About Sending Water Next Door
Texas Water Code §11.086(a): “No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.” Subsection (b) gives the injured owner remedies at law and in equity.
Source: Texas Water Code, Chapter 11. This is the text of the statute, not advice on any dispute; a lawyer can tell you how it applies to your lot.
For a drainage project the practical reading is simple: a fix should send water toward the street, the swale or the easement the lot was built to use, not over the fence. A contractor who suggests piping your water onto the next lot is proposing the thing this statute is about.
Three jobs that are not drainage
Sprinklers. TCEQ says a person may not sell, design, install, maintain, alter, repair or service an irrigation system unless licensed. A drainage crew digs around the lines; a licensed irrigator changes them.
Anything tied to the house sewer. That is plumbing, and Texas licenses plumbers. Yard water does not belong in the sanitary line.
The slab itself. Cracks, heaving or doors that stick are for a foundation repair company. Drainage can take water off the slab edge; it does not level a house.
Ask a Contractor Who Knows the Offices
Describe the lot and the problem, and say whether you are inside the City of Katy if you know. The contractor who calls back handles the 811 request and the permit question for the job they quote.
Call (346) 239-7247 Send the Details
Katy Drainage