Haltom City homeowner battles creek erosion as federal rules complicate repairs

Creek erosion complicates repairs for homeowner

An 81-year-old Haltom City homeowner faces a collapsing property due to Little Fossil Creek's erosion, a problem complicated by federal protection of the waterway and costly, multi-year solutions.

HALTOM CITY, Texas - Water rights are complex. The Little Fossil Creek in Tarrant County falls under the Waters of the United States.

It’s federally protected, and it causes nightmares for this homeowner.

What we know:

If Mahlon Miller were able to use his pool this summer, he’d have quite the view. 

Miller’s fence is collapsing into Little Fossil Creek in Haltom City after decades of water erosion due to the creek rising after storms.

The 81-year-old is obviously very concerned about this steep drop-off on the back of his property caused by erosion, but now the question comes: whose responsibility is it to fix it?

Haltom City tells FOX 4, in part: "…this is not a simple process and cities do not have the authority to reshape or modify creek banks without the approval and oversight of the U. S. Army Corps of Engineers. It is lengthy and costly." 

The Army Corps of Engineers oversees a wide range of projects, including water resources management. 

It tells FOX 4: "Any solutions that the city and homeowner come up with that would require them to discharge materials into the river system" would require a permit. "The actual physical mitigation effort would be the city and homeowner’s responsibility."

What they're saying:

"I had a gate right there and from there down to the corner it all went off," said Miller. "And I said, well, where’s my fence?"

Miller explains just how fast the creek became a problem.

"Originally, the bank was probably 12–15 feet out there," said Mahlon. "And of course, it doesn’t look good. I mean my damn fence is gone."

Miller’s son, Anthony, reached out to FOX 4.

"We’re in a spot where it just keeps falling and falling and falling," said Anthony. "I don’t know what to do to help. I mean I’m at a point where I don’t know what to do."

Anthony explains the difficult spot him and his father are in.

"We don’t really have the means to rebuild a creek," said Anthony. "It feels like everyone is pointing at everyone else and nobody wants to take responsibility for what’s going on."

Haltom City advises property owners living next to creeks or floodways to purchase flood insurance, but Miller says his flood insurance does not help.

"It doesn’t cover your fence, your pool or nothing," said Miller. "And they tell me that they don’t have any money."

Miller hopes the city can do something to fix its lofty problem.

"It’s high enough that I don’t want to fall over there."

What's next:

Haltom city says a long-term solution could cost millions of dollars and take years to complete.