A County-Governed Special District
The Harris County Flood Control District describes itself as a special purpose district created by the Texas Legislature in 1937 and governed by Harris County Commissioners Court. That structure explains why its contractor rules come from two directions. Developers and utility owners that build in District right-of-way follow rules the County and the District adopted together, while contractors that build District projects follow the District's bid packages and state public works law.
Volume adds weight to both. On August 25, 2018, Harris County voters approved $2.5 billion in bonds to finance flood damage reduction projects, and the District continues to post invitations to bid on its website. For a civil contractor, that means channel, detention and outfall work let as public contracts; for a developer, it means plats and drainage outfalls that must clear District criteria on any project that enters District right-of-way.
Other flood control and water districts are compared in state DOT and special-district contractor requirements.
The Development Coordination and Inspection Program
The District's Development Coordination and Inspection page sets three steps for developer work in District right-of-way. First, plans go to the District's Watershed Management group for approval. Second, the developer acquires an official permit from the Harris County Permits Department to enter onto Flood Control rights-of-way. Third, the developer sends the 48-Hour Pre-Construction Notification before starting.
The page also describes three stages: drawing approval, construction inspected by the District and acceptance by Commissioners Court. It warns that developers must resolve all right-of-way issues before Stage Three to avoid acceptance delays. Until acceptance, the developer and its contractor typically carry the work, so builders risk, liability and the right-of-way bond usually need to run through the Commissioners Court date rather than to substantial completion.
The County's plat surety and road right-of-way bonds are explained in Harris County plat surety and right-of-way bonds.
Right-of-Way Certificate and Table I Bonds
The governing document is the Rules of Harris County, including the Harris County Toll Road Authority, and the Harris County Flood Control District for the Construction of Facilities within County and District rights-of-way, as amended July 28, 2020, and effective October 1, 2020. Section 6 bars soil-disturbing work in County or District right-of-way until a Certificate is issued, and using District right-of-way for access, surveying, geotechnical work or lay-down needs a temporary right-of-entry. Section 10 requires an application, approved drawings, a bond under Table I unless a perpetual bond is on file and a fee.
For work in District right-of-way, Table I sets a $25,000 bond when the work costs $25,000 or less and a bond of 100% of construction cost when it costs more. The rules accept two personal sureties, a corporate surety or a personal bond if Commissioners Court accepts it, and a perpetual bond is also possible. A 2009 version of these rules set different terms, including a bond at 75% of construction cost and $5,000 per drainage outfall; it was superseded by the 2020 rules, so an old copy should not be used to size a bond.
Right-of-way permit bonds across Texas agencies are explained in Texas encroachment and right-of-way permit bonds.
How the County Engineer's Notification Page Differs
The Harris County Office of the County Engineer posts a permit page titled Flood Control District Right-of-Way Notification (Standard Bonds ONLY). It requires a new Harris County-approved bond with the power of attorney attached and says an existing bond will not be accepted. It states that the County's minimum bond is $5,000, the permit is valid for six months, a 48-hour start notice applies and the County intends to process the notification in 10 business days.
The bond amounts listed on that page match the County road rows of Table I, not the District row. Both sources stand: the County Engineer's page gives a $5,000 County minimum, and Table I of the 2020 rules gives at least $25,000 for District right-of-way. The Harris County page on this site describes the same pair. Confirm with the County Engineer and the District which amount applies before the bond is written.
When a utility district is the owner of the outfall or line, see Texas municipal utility district bidding and bond rules.
One-Year Warranty, Indemnity and Inspections
Section 21 of the 2020 rules requires the applicant to guarantee and maintain all work performed within the right-of-way for one year after the work passes inspection. Section 24 provides that a failure to repair damage leads to notice to the surety. Section 29 calls for inspections at least before bedding, backfill, paving, boring and drainage placement, so the schedule should allow for inspection holds.
Section 26 states that the owner of any facility shall indemnify, defend and hold harmless the County and the District, including attorney's fees. The rules contain no insurance requirement. Insurance limits and additional insured wording therefore come from the permit conditions or the contract, and whether a contractor's contractual liability coverage responds to the indemnity depends on the policy wording and the facts, subject to underwriting and the terms of the policies issued.
For how a surety typically reviews a bond that carries a warranty year, see performance bonds and surety underwriting.
District Construction Contracts and Bid Packages
Contractors building District projects respond to invitations to bid the District posts on its Current and Past Bid Opportunities page, such as 26/0229 for the Lauder Stormwater Detention Basin Phase 3A. The bid packages sit on the County's Bonfire portal, which could not be read for this page, so the District's contract insurance limits, additional insured and indemnity wording and bid bond percentage are set in each bid package and must be read there.
State law sets the bond floor. As a governmental entity that is not a municipality, the District falls under Government Code section 2253.021: a performance bond on contracts over $100,000 and a payment bond on contracts over $25,000, each for the full contract amount from a corporate surety. Payment bond notices and claim deadlines follow chapter 2253. Bonding capacity and award are subject to the District, the surety and underwriting.
Payment bond claims on District contracts are explained in Texas Chapter 2253 public works bond rules.
Before You Ask for a Quote
What to Gather
- District-approved drawings from Watershed Management
- The Harris County permit and Certificate application
- The construction cost estimate for the work in District right-of-way
- The Table I bond form with power of attorney, or the perpetual bond on file
- Any temporary right-of-entry for access, surveys or lay-down
- The bid package insurance and bond terms for District contracts
What to Ask the Insurer or Surety
- Which Table I amount applies to this work: the District row or a County road row?
- Does the permit add insurance or additional insured conditions?
- When does the one-year guarantee start and end for this permit?
- Does our contractual liability coverage respond to the Section 26 indemnity?
- What bid bond percentage and insurance limits does this bid package require?
- Are any right-of-way issues open before Stage Three acceptance?
Quick Answer
Harris County Flood Control District right-of-way work needs a $25,000 bond, or 100% of construction cost above $25,000, plus a one-year guarantee and a facility owner indemnity under the rules effective October 1, 2020.
Common Mistake
Sizing the bond from the superseded 2009 rules, which used 75% of construction cost. The rules effective October 1, 2020, call for 100% of cost on District right-of-way work over $25,000.
Broker Perspective
The right-of-way rules set bonds and an indemnity but no insurance, so a broker typically asks for the permit conditions or bid package before matching limits and additional insured wording.
Coverage Impact
The facility owner indemnity reaches the County and the District, and whether a contractual liability coverage part responds depends on its wording, the contract and the facts.
The Same Requirement in Other States
- ADOT Contract Requirements
- Caltrans Contract Requirements
- City of Austin Contract Requirements
- City of Dallas Contract Requirements
- City of Houston Contract Requirements
- City of San Antonio Contract Requirements
- City of San Diego Contract Requirements
- Eastern Municipal Water District
- Flood Control District of Maricopa County
- Las Vegas Valley Water District
- Los Angeles County Flood Control District
- NDOT Contract Requirements
- Texas Municipal Utility Districts
- Truckee Meadows Water Authority
- TxDOT Contract Requirements
Questions Buyers Ask
What are the steps to build in Harris County Flood Control District right-of-way?
The District lists three: submit plans to Watershed Management for approval, acquire an official permit from the Harris County Permits Department and send the 48-Hour Pre-Construction Notification. The work then moves through drawing approval, District inspection and Commissioners Court acceptance.
Is the District right-of-way bond 75% or 100% of construction cost?
The rules effective October 1, 2020, call for 100% of construction cost when the work in District right-of-way costs more than $25,000, with a $25,000 bond at or below that. The 75% figure comes from the superseded 2009 rules.
Do the Harris County right-of-way rules require contractor insurance?
The 2020 rules contain no insurance requirement. They require a bond, a one-year guarantee and an indemnity from the facility owner, so insurance terms come from the permit conditions or the contract.
How long must work in Flood Control District right-of-way be maintained?
Section 21 requires the applicant to guarantee and maintain all work performed within the right-of-way for one year after the work passes inspection. Confirm the start date with the County Engineer for your permit.
What bonds do Harris County Flood Control District construction contracts need?
Government Code section 2253.021 requires a performance bond on contracts over $100,000 and a payment bond on contracts over $25,000, each for the full contract amount. Bid bond and insurance terms are set in each bid package.
Official Sources
- Rules of Harris County, including HCTRA, and HCFCD for the Construction of Facilities within HC and HCFCD Rights-of-Way (amended July 28, 2020, effective October 1, 2020), Harris County Office of the County Engineer and Harris County Flood Control District. Certificate and temporary right-of-entry (Sec. 6); application, drawings, bond and fee (Sec. 10); Table I District right-of-way bond of $25,000 or 100% of construction cost; accepted bond forms and perpetual bond; one-year guarantee (Sec. 21); notice to surety (Sec. 24); facility owner indemnity (Sec. 26); inspections (Sec. 29); no insurance requirement. Verified 2026-10-26.
- Flood Control District Right-of-Way Notification (Standard Bonds ONLY), Harris County Office of the County Engineer. New Harris County-approved bond with power of attorney; existing bonds not accepted; $5,000 County minimum bond; permit valid six months; 48-hour notice; 10 business day processing intent. Verified 2026-10-26.
- HCFCD Development Coordination and Inspection, Harris County Flood Control District. Three steps (Watershed Management approval, County permit, 48-hour notification) and three stages (drawing approval, inspection, Commissioners Court acceptance); right-of-way issues resolved before Stage Three. Verified 2026-10-26.
- HCFCD 2018 Bond Program, Harris County Flood Control District. $2.5 billion in bonds approved by voters on August 25, 2018; special purpose district created in 1937 and governed by Commissioners Court. Verified 2026-10-26.
- HCFCD Current and Past Bid Opportunities, Harris County Flood Control District. District invitations to bid, including 26/0229, Lauder Stormwater Detention Basin Phase 3A. Verified 2026-10-26.
- Texas Government Code chapter 2253, section 2253.021, Texas Legislature (Texas Constitution and Statutes). Performance bond over $100,000; payment bond over $25,000 for a non-municipal entity; full contract amount; corporate surety. Verified 2026-10-26.
Reviewed by the Principal, Gleason Insurance Brokers, LLCUpdated



