From the Houston Landing:
The city of Houston has paused all residential and commercial development within part of Greater Fifth Ward, where a swath of land was designated by the state as a cancer cluster due to leftover railyard contamination.
The “administrative hold until further notice” impacts 110 residential and commercial parcels located within the area contaminated by the Union Pacific railyard, Houston Public Information Officer Erin Jones said in a statement to the Houston Landing Wednesday afternoon.
“The hold prevents project numbers from being created for any project in this area,” she said, adding that the Houston Permitting Center “is not hosting any meetings related to this administrative hold.”
The halt to construction comes just over a month after a Houston Landing investigation showed that development within the area has continued for years, despite its 2019 state designation as a cancer cluster and ongoing testing by Union Pacific Railroad and the U.S. Environmental Protection Agency.
The Landing investigation highlighted how disclosure of the site’s cancer cluster status has been left to sellers’ discretion – meaning many homebuyers and renters who moved into or near the contaminated area were unaware of the potentially dangerous conditions. Much of the pollution was caused by creosote, a wood preservative used on railroad ties that poses health risks.
The temporary hold on development applies only within the area covered by the City’s Fifth Ward Voluntary Relocation plan. The plan, which the Houston City Council unanimously approved in September, allots $5 million to cover relocation costs for residents living directly above or within two to three blocks of the contaminated site.
“The pause is for the city to individually inspect each permit application from developers,” said Houston City Attorney Arturo Michel. “We want to make sure we have all the information we need before we continue construction.”
Michel added that the city hopes to receive input and collaborate on the area with the EPA and the Texas Commission on Environmental Quality to see if any federal or state resources may be available for the site.
The pause is not an official ‘moratorium’ on development because no formal action has been taken at the state level yet, Michel told the Landing.
Wednesday’s statement from the city said that applicants looking to develop in the area would be informed of the hold on construction when they attempt to apply for permits.
In the Landing’s December investigation, Michel said that state law did not allow the city to add requirements once a permit application has been submitted, adding that the city could pass a permitting moratorium in the future, but anticipated that the state government would strike it down.
“I think the concern is that Houston has attempted to challenge this kind of thing in the past, where we have attempted to impose environmental restrictions, or additional requirements like a moratorium, and the Texas Supreme Court struck it down,” he said.
