# Can you clear land in a floodplain or near a creek? > Clearing land near a creek or in a floodplain around Frisco: Chapter 42 fines, riparian trees, Lewisville Lake Corps land, Section 404 and town rules. URL: https://homesteadlandclearingfrisco.com/guide/clearing-near-creeks-and-floodplain/ Clearing land in a floodplain or near a creek is possible, but it usually needs permission first. In Frisco, removing vegetation in the floodplain or floodway needs a grading permit or a City letter, with fines for the owner and the contractor. Riparian trees of 4 inches or more are protected, and Lewisville Lake shoreline land may belong to the federal government. This guide from [Homestead Land Clearing](https://homesteadlandclearingfrisco.com/) explains why creek ground is treated differently, what each authority requires around Frisco, and how a creek-side clearing scope should read. Rules change by address, so treat this as the list of things to check, not a final answer for a parcel. ## Why creek ground is regulated more tightly Vegetation on creek banks and floodplains does work that upland brush does not. Roots hold banks against moving water, and plant cover slows runoff and catches sediment. Remove it, and bare soil is exposed exactly where water concentrates. That chain, from vegetation removal to soil exposure to erosion and sediment in the creek, is why cities and federal agencies draw their strictest lines here. Floodplain clearing also connects to flooding itself. Debris left near a channel can move in high water and block culverts downstream. Homeowners report cases where cut trees were thrown into a creek during a clearing job and had to be removed later; that is the outcome a creek-side scope is written to prevent. ## Frisco's floodplain and riparian rules ### Chapter 42 floodplain vegetation rule Frisco's Code of Ordinances, Chapter 42, requires a grading permit or a letter of approval from the City before removing any trees or other vegetation in the base floodplain or floodway, including by poison or chemicals. It applies to property that did not have a pending or approved final plat when the rule took effect in March 2001. Fines are $300 per caliper inch per tree and $300 per 100 square feet of vegetation, up to $2,000 per offense, and the contractor or subcontractor faces the same fines as the owner. Ongoing agricultural use for crops, hay or grazing is excepted, but expanding agricultural use by clearing is covered. Vegetation in City-accepted easements is exempt only with written City authorization. ### Riparian buffer trees Frisco's tree code defines a protected tree as one of 6 inches or more in diameter at 4.5 feet that is not on the excluded list, or any tree of 4 inches or more in the riparian buffer, regardless of species. Trees of 4 inches or more in the pre-reclamation riparian buffer or floodplain must be mitigated regardless of species. The City keeps a Riparian Buffer and Corridor Map. A hackberry that would be unregulated in an upland fence row can be protected on a creek bank. The [Frisco tree removal permit guide](https://homesteadlandclearingfrisco.com/guide/frisco-tree-removal-permit/) covers the permit and replacement table. ### Floodplain status itself Frisco participates in the National Flood Insurance Program, and floodplain questions go to the City's Engineering Services. Mapped floodplain lines have been revised many times, so check current status for the specific parcel instead of relying on an old map. ## Rules in nearby towns and the county | Jurisdiction | Floodplain or creek rule | |---|---| | [Celina](https://homesteadlandclearingfrisco.com/service-areas/celina/) | Floodplain trees of any species are Type 1: 100% value and 5:1 replacement | | [Prosper](https://homesteadlandclearingfrisco.com/service-areas/prosper/) | Any species 6 in. or more in the 100-year floodplain is protected; replacement 150% (6 to 12 in.), 200% (over 12 to 24 in.), 300% (over 24 to 40 in.) | | [McKinney](https://homesteadlandclearingfrisco.com/service-areas/mckinney/) | In the 100-year fully developed floodplain, no more than 30% of protected trees may be critically altered | | [Little Elm](https://homesteadlandclearingfrisco.com/service-areas/little-elm/) | No work in the floodplain without a separate Floodplain Permit, in addition to the grading permit | | [Anna](https://homesteadlandclearingfrisco.com/service-areas/anna/) | Floodplain trees are fully subject to the tree preservation rules | | [Unincorporated Collin County](https://homesteadlandclearingfrisco.com/service-areas/unincorporated-collin-county/) | Drainage plans and flood studies under county floodplain regulations must be approved before construction | ## Lewisville Lake and Corps of Engineers land Shoreline lots in Little Elm, Oak Point and west Frisco face a federal boundary. The U.S. Army Corps of Engineers, Fort Worth District, says land around Lewisville Lake at or below elevation 535 feet is generally owned by the federal government, with the conservation pool at 522 feet. A flowage easement extends to the 537-foot contour, and written Corps permission is required to place a structure or perform any work inside it. On public land, destroying, altering or removing vegetation is prohibited, and permits issued to adjacent owners state that no vegetation other than what is permitted may be damaged or removed. For a lakeside clearing job, the first step is to find where private land ends. Clearing stops there unless the Corps has issued written permission. See the [Oak Point](https://homesteadlandclearingfrisco.com/service-areas/oak-point/) page for that shoreline. ## Wetlands and Section 404 Section 404 of the federal Clean Water Act, administered by the U.S. Army Corps of Engineers, regulates the discharge of dredged or fill material into waters of the United States, which can include wetlands and some creeks. Federal rules have treated some mechanized land clearing in wetlands as a regulated discharge, decided case by case. No Fort Worth District guidance specific to land clearing in Collin or Denton County was found for this guide. The practical point: if a site has standing water, wetland plants or a defined channel, ask the Corps before machines work in it. A survey or engineer can help define the area first. ## How a creek-side scope differs The approved process applies with more weight on step two: walk the property, check the rules for that address including creek or floodplain limits, write the scope before a price, then clear to the agreed finish. For creek ground, the written scope should add: - **The regulated line on the ground.** Floodplain, riparian buffer or Corps boundary, flagged before work. - **Hand or light work near the bank.** [Selective clearing](https://homesteadlandclearingfrisco.com/selective-clearing/) that removes privet or dead material while keeping bank-holding trees is easier to approve than full clearing. - **No debris near the channel.** Everything cut is mulched outside the regulated area or hauled. - **Stumps stay in the bank.** Grubbing on a creek bank opens soil to moving water. - **Erosion control.** Silt fence and seeding where soil is exposed; see the [erosion control guide](https://homesteadlandclearingfrisco.com/guide/erosion-control-after-land-clearing/). Invasive privet and honey locust often crowd creek bottoms; the [invasive brush guide](https://homesteadlandclearingfrisco.com/guide/north-texas-invasive-brush/) covers them. To plan clearing near water, [contact Homestead Land Clearing](https://homesteadlandclearingfrisco.com/contact/). ## Frequently asked questions ### Can a contractor be fined for clearing in Frisco's floodplain, or only the owner? Both. Frisco's floodplain vegetation rules state that the contractor or subcontractor is subject to the same fines as the property owner: $300 per caliper inch per tree and $300 per 100 square feet of vegetation, up to $2,000 per offense. That is a good reason for any contractor to confirm floodplain status before cutting. ### How do I find out whether my Frisco land is in the floodplain? Ask the City. Frisco participates in the National Flood Insurance Program, and its Engineering Services department handles floodplain questions. The City's maps have been revised many times through approved map revisions, so an older map or a listing description is not enough. Confirm the current status for the specific parcel before any clearing near a creek. ### Does Prosper charge more to replace trees removed from the floodplain? Yes. Prosper's code protects any species of 6 inches or more inside the 100-year floodplain and sets higher replacement rates there: 150% for 6 to 12 inches, 200% for over 12 to 24 inches and 300% for over 24 to 40 inches, compared with 100%, 150% and 300% outside the floodplain.