San Antonio’s flood rules are stricter than the state disclosure they sit next to. The city requires a floodplain development permit before any structure or land in a special flood hazard area is “located, altered, [has] its use changed, or otherwise … developed,” and it limits improvements to a floodplain structure to 50% of its market value over a ten-year period (Floodplain Development Permit, DSD). The city also regulates against its own “ultimate development floodplain,” which can be larger than the FEMA map. Texas Property Code §92.0135 meanwhile asks the landlord to state, in a signed notice, two things: awareness of a 100-year floodplain, and flooding in the past five years. This page sets out how to answer honestly and what else — heat, freeze, outages — belongs in a San Antonio emergency plan.
Flood: what the city regulates and what you disclose
The city’s permit form and its Public Works FAQ describe the regime (Drainage and flood information): a floodplain development permit for development in a special flood hazard area; finished floors for non-residential structures at least one foot above the base flood elevation of the regulatory floodplain; and the 50% rule, which effectively limits the dollar amount of improvements over ten years to half the structure’s pre-improvement value. For a landlord, the operational meaning is that a post-flood rebuild of a house in the floodplain may hit the 50% ceiling and require elevation rather than repair. Check with Development Services before authorising major work. The §92.0135 disclosure is unaffected: it asks what you are aware of, and the TREC form carries the statutory wording.
Check the address on the maps, then keep the evidence
- FEMA Flood Map Service Center by address — the map the disclosure refers to.
- The city’s drainage and flood information pages for the regulatory (ultimate development) floodplain and permit requirements.
- The BCAD record to confirm the parcel is inside the city limits, since the city’s floodplain ordinance applies only there.
Heat: the failure that becomes a health-and-safety notice
A cooling failure in a San Antonio summer is the most likely trigger of the tenant’s remedies under §92.056, because it is a condition that materially affects health and it recurs every year. The plan is unglamorous: service the system before summer, keep a contractor who can come within days, and answer a written cooling complaint the same day with a dated acknowledgement. CPS Energy is the only electricity provider, so an outage in a heat wave is reported to CPS Energy directly; give the tenant that number, not yours.
Freeze: pipes, backflow devices and the water bill
Freezes are short in San Antonio and expensive when they reach an exposed pipe or an irrigation backflow assembly. Before the first forecast freeze, insulate exposed lines and hose bibs, show the tenant where the water shutoff is, and put SAWS on the emergency sheet as the contact for a broken main or a leak on the utility’s side of the meter. A burst on the tenant’s side of the meter runs through the SAWS account named in the lease — another reason the utilities clause should say whose name is on it.
The one-page sheet and the after-event file
One page, given at move-in and kept by the door: CPS Energy outage number; SAWS emergency number; the city’s emergency channels; your emergency line and the repair route named in the lease; the water shutoff and the breaker panel locations. After any event, the tenant’s written report is what starts the §92.056 clock, so acknowledge it in writing, photograph damage with dates before repairs begin, and — if the dwelling is unusable — read §92.054 on casualty loss before agreeing to anything informally.
| Risk | Where to check | What the lease or file contains |
|---|---|---|
| 100-year floodplain | FEMA map | Signed §92.0135 disclosure based on the map and records |
| City floodplain regulation and 50% rule | Floodplain Development Permit | Note that major post-flood repairs may require a permit and elevation |
| Heat and cooling failure | Property Code §92.056 | Repair contact and emergency number; same-day acknowledgement policy |
| Power interruption | CPS Energy | Outage number on the emergency sheet; §92.008 interruption rules respected |
| Water interruption or freeze damage | SAWS | SAWS account holder named; shutoff location on the sheet |
What changes in San Antonio
- The city requires a floodplain development permit and applies a 50% rule to improvements over ten years — a post-flood rebuild may require elevation.
- The city regulates against an “ultimate development floodplain” that can exceed the FEMA map used in the state disclosure.
- Every outage call goes to a city-owned utility: CPS Energy for power and gas, SAWS for water.
- Heat is the annual health-and-safety risk; freeze is the plumbing risk — both belong on the emergency sheet.
Frequently asked questions
What is San Antonio’s 50% rule for floodplain properties?
The city limits improvements to a structure in the floodplain to 50% of its market value before the improvements, measured over a ten-year period (Floodplain Development Permit). Exceeding it can require bringing the structure into compliance with current elevation rules.
Do I need a flood disclosure for a San Antonio lease?
Yes, for most Texas residential leases of 30 days or more: Property Code §92.0135 requires a written notice signed by both parties at or before signing, stating awareness of a 100-year floodplain and of flooding in the previous five years.
Who does a San Antonio tenant call during a power outage?
CPS Energy, the city-owned electric and gas utility (CPS Energy). There is no retail provider in between.
Is the city’s regulatory floodplain the same as the FEMA map?
Not necessarily. San Antonio regulates against its “ultimate development floodplain,” which can be larger than the FEMA special flood hazard area (Public Works — Drainage and flood information). The state disclosure refers to the FEMA 100-year floodplain; check both.
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- City of San Antonio — Floodplain Development Permit (PDF) ↗
- City of San Antonio Public Works — Drainage and flood information ↗
- FEMA Flood Map Service Center ↗
- TREC — Landlord’s Floodplain and Flood Notice (official form) ↗
- Texas Property Code, Chapter 92 (residential tenancies) ↗
- Bexar Appraisal District (BCAD) ↗
- CPS Energy — Who we are ↗
- San Antonio Water System — About SAWS ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.