Subdivision regulations are becoming a hot topic that can, and probably will, cause problems in your county.
For example, this summer Rockwall County Judge Frank New wrote a letter to his constituents explaining a lawsuit that challenges Rockwall County’s efforts to require a developer to pay its share of the costs of county infrastructure improvements needed to serve its development, https://bit.ly/rockwall-letter.
As explained by CJCAT Legislative Director Rick Thompson, during this last legislative session, developers and their associations pushed a legislative package proposing the removal of significant oversight at the county level. This included condensing the timeline for review and approval of plats and inspections, and punitive legislation toward local governments when challenged. During the interim, the CJCAT will work closely with Commissioners Courts all over the state to educate members of the legislature and their communities on the negative impacts this type of legislation presents.
On a related note, the October issue of County Progress includes a recap of our Association’s Resolution Spotlight series, where we explain why we pass specific Resolutions. Two of those spotlights address county land use authority.
Subdivision Regulation Background
Chapter 232 of the Local Government Code outlines a county’s regulatory authority related to subdivisions beginning with the following:
Sec. 232.001. PLAT REQUIRED.
- The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out:
- a subdivision of the tract, including an addition;
- lots; or
- streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use.
The County Commissioners Court must vote on every plat.
EXCEPTIONS
The plat requirement does not apply if there will be no streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use and all proposed lots:
- will be used for agricultural purposes or farm, ranch, wildlife management, or timber production use, as defined in statutes;
- divided into four or fewer parts and will be sold to an individual who is related to the owner within the third degree of consanguinity or affinity (family members);
- will be sold to veterans through the Veterans’ Land Board; or
- are larger than 10 acres.
The Commissioners Court is not required to adopt subdivision regulations. However, if the county does not adopt regulations, the plat will only include a minimal description of the boundaries of the streets and lots, as required by the statute.
If a county wants to impose additional requirements, the county must adopt regulations following the procedures outlined in Section 232.003 of the Local Government Code. Generally speaking, the scope of authority addresses roads and streets, water use in certain situations, and other actions to promote the “health, safety, morals, or general welfare of the county…”
Our general counsel will continue to advise us on land use issues, so be sure to monitor your listserv.