Texas Bill 18: Permit Exemption for Erosion Control Dams

Texas Senate Bill 18 creates a path for local water districts to protect our communities from erosion and flooding more quickly. Under this law, qualified districts can build and maintain small dams without waiting for a state permit. These dams must hold no more than 200 acre-feet of water—enough to serve their purpose of controlling erosion, floodwater, and sediment.

The law targets "qualified local sponsors," which means water districts that have already partnered with the U.S. Department of Agriculture's Natural Resources Conservation Service. These partnerships show the districts have the expertise and commitment to manage water safely. Districts can use the exemption to build new dams or repair existing ones without getting approval from the Texas Commission on Environmental Quality.

Districts can also divert water from these dams when needed for repairs and maintenance, helping them keep the structures in good working condition. The exemption stays in place even if a district's agreement with the federal agency ends, as long as the dam continues serving erosion and flood control purposes.

The Texas Commission on Environmental Quality must create rules to implement the law by April 1, 2026. The bill passed the Texas Senate on August 18, 2025, with 30 yes votes and zero no votes. It passed the Texas House on August 25, 2025, with 131 yes votes and zero no votes. This strong bipartisan support shows lawmakers from both parties see value in streamlining the permitting process for local flood control efforts.