Commissioners Courts Address Growth, Related Safety Issues
When it comes to subdivision regulations, Stevan Sturrock has a triple perspective. Now a Tyler County Commissioner, Sturrock previously worked in county law enforcement and served as justice of the peace. In his earlier roles, he heard firsthand from taxpayers facing the fallout from bare-minimum regulations.
For example, during his 14 years on the bench, Sturrock ruled on JP court cases, some of which involved raw sewage running onto property from neighboring subdivisions without adequate sewer systems. Generally speaking, Sturrock would give the offender 90 days to bring the system to TCEQ standards.
Sturrock took office as County Commissioner in January 2019.
“When I started attending educational conferences as a new Commissioner, I began picking up bits and pieces regarding subdivision regulations,” Sturrock recalled.
In early 2020, Tyler County set up a workshop with Bob Bass of Allison, Bass & Magee, LLP, to learn more. The endeavor was put on hold during COVID-19 and revisited as the pandemic began to ease. Regulations for subdivisions and manufactured home rental communities were adopted by the Tyler County Commissioners Court in July 2021.
“I wanted it done for the health and safety of the people living in these subdivisions,” Sturrock emphasized. “We want to make sure these people have good, clean drinking water and a way to take care of their sewage without hurting other people.”
Some of the subdivisions in Tyler County have never had a plan in place to keep the roads repaired and accessible over the years, he continued. Now 50 years later, some of these roads are totally impassable, and some people cannot get to their property.
“We also want to make sure these property values are maintained and the homeowners’ investment into their property continues to have value,” Sturrock elaborated.
“These regulations are for the protection of your people,” added Tyler County Commissioner Jo Blacksher.
Statutory Responsibility
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. (a) 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:
(1) a subdivision of the tract, including an addition;
(2) lots; or
(3) streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.
The law allows for the following exceptions:
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- Land does not provide for streets or other common areas.
- Land is used for agricultural purposes as defined by Article VIII, Section 1-d, Texas Constitution.
- Land is sold to family members.
- Land contains more than 10 acres, and contains no streets, etc.
- All lots are sold to veterans.
The County Commissioners Court must vote on every plat, as explained in Sec. 232.002: “APPROVAL BY COUNTY REQUIRED. (a) The Commissioners Court of the county in which the land is located must approve, by an order entered in the minutes of the court, a plat required by Section 232.001.”
The Commissioners Court is not required to adopt subdivision regulations, said Jim Allison, general counsel to the County Judges and Commissioners Association of Texas. However, if the county has not adopted 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, shared Eric Magee, attorney with Allison, Bass & Magee, LLP. The county must also follow the provisions outlined in Chapter 2007 of the Texas Government Code.
Subdivision regulations have been part of this year’s continuing education conference lineup, with Magee teaching many of the training course. At July’s North & East Texas County Judges and Commissioners Association Conference, Magee offered the following outline of the county’s scope of authority:
- Standards for Roads and Streets within Subdivision
- Provisions for transportation corridors.
- Require access by emergency vehicles (in subdivisions of 1,000 lots or more, two ingress/egress).
- Requirements for use of subsurface groundwater.
- Impose construction/performance bonds to assure compliance with regulation.
- Additional powers for counties near an International Border, (Subchapter B) or in Economically Distressed Counties (Subchapter C).
- Subchapter E allows for broad powers designed to promote “health, safety, morals, or general welfare of the County…”
“Adequate drainage and street construction are the most vital portions of subdivision regulations,” Allison noted. “Without adequate standards, the county will be faced with flooding and lack of access for emergency vehicles.”
Latest Legislative Changes
Magee also emphasized changes that were made to Chapter 232 during the legislative session in 2019, including the following:
- The timeline for review and action on a plat application was reduced from 60 days to 30 days.
- A written list of the documentation and other information required must be prepared, and the requirements must relate to a requirement under “applicable law.”
- Any missing information must be identified within 10 days by the county, and notification to the applicant with cited section of regulation must be given within 10 days.
- Options for action:
(a) Approve if in compliance with regulation.
(b) Approve with conditions (articulate the conditions).
(c) Disapprove. If the plat application complies with
County Subdivision Regulation, you cannot disapprove.
5. 30-day deadline can only be extended if requested by the applicant and agreed to in writing and approved by the Commissioners Court or designee.
6. Failure to meet the 30-day deadline by the county results in approval of plat.
Explosive Growth
Since Van Zandt County Commissioner Virgil Melton Jr. took office on Jan. 1, 2007, the county’s subdivision regulations have been updated three times. On April 28, 2021, the Commissioners Court approved and accepted the latest version.
“We are experiencing growth that we have never seen before,” Melton observed.
Whereas the Commissioners Court was approving seven or eight subdivisions a year in the past, the Commissioners Court is now looking at three, four, or five every week, added Van Zandt County Commissioner Tim West.
The county’s subdivision regulations include the following introductory paragraph: “The purposes of these Subdivision Regulations are to provide for the safety, health, and well-being of the general public by requiring that adequate streets, storm drainage, water, and sewage facilities be installed in all residential subdivisions and to provide guidelines for the construction and installation of such streets and facilities in a manner that will allow for the efficient maintenance and upkeep without imposing on an extraordinary burden on the taxpayers of Van Zandt County, Texas.” This paragraph is on page one of an 82-page document.
West and Melton spent about a year working on this latest set of regulations with the help of a committee that included private citizens, a surveyor, and legal counsel.
With that said, Melton described the current set of regulations as a “living document.”
“We have the authority to tailor our rules to how we think the growth in our county is coming in,” Melton remarked. “We are already looking at little things we may want to change.”
Expert Advice
Both Tyler and Van Zandt counties have discussed retaining the services of an expert such as an engineer to help evaluate and advise on submitted plats. Hays County relies on Development Services to navigate through the complicated process of plat approvals, https://hayscountytx.com/departments/development-services/.
The mission statement of Development Services alludes to the far-reaching effects subdivision regulations, and related issues like floodplain management, can have on quality of life: To promote and protect the public health, environmental health, and safety of Hays County citizens through quality planning, permitting, addressing, and inspections.
Hays County is experiencing a steady stream of development, observed Hays County Commissioner Debbie Gonzales Ingalsbe, now in her 25th year of service. Central Texas has become extremely popular, especially along the I-35 corridor.
“As a Commissioner and a Commissioners Court, it is very difficult to have your hands on every single issue that comes to your county,” Ingalsbe commented. “We needed experts to help advise us.”
Roadways have always been a top priority for Ingalsbe, and the Hays County regulations reflect that importance. For example, rules were set in place regarding rights of ways and traffic impact. In fact, one of the latest updates to the Hays County Development Regulations established the requirement for a traffic impact analysis, as detailed in an excerpt from the regulations below:
Transportation Planning
6.01. Right of Way Dedication
An applicant for a Development Authorization under these regulations, including subdivision plats and manufactured home rental communities, may be required to dedicate right of way in accordance with the currently adopted Hays County and Capital Area Metropolitan Planning Organization Transportation Plans.
6.03. Traffic Impact Analysis
An applicant for a Development Authorization under these regulations, including subdivision plats and manufactured homes community, may be required to include turn lanes in their construction plans, specifications, and cost estimates, prepared by a Texas licensed professional engineer, and financial assurance documentation, if required, in accordance with Chapter 721.
(A) A Traffic Impact Analysis (TIA) is required for assessing the need for turn lanes in new or expanded developments. Cost of the TIA will be borne by the developer.
(1) Applicability. A traffic impact analysis shall be required for all developments that are projected to generate 100 or more peak hour vehicle trips per day. …
The regulations also include a park dedication.
“It was important for us to ask our developers to allow for those accommodations for the enjoyment of those people living in those subdivisions,” Ingalsbe detailed.
5.06. Parkland and Open Space Requirements
Except as exempted in§705.5.06(A), proposed Subdivisions shall make suitable provisions for Parkland and/or open space through the establishment of Parkland and/or open space within the Subdivision, by paying a fee to the County in lieu of Parkland/open space establishment, or a combination of both methods…
The current topics up for discussion in Hays County with regard to additional regulations include:
- promoting and incentivizing conservation practices, including required green space in cluster developments to help protect environmental features; and
- discussing1-acre minimum lots.
“We’re looking at increasing the open space and parkland standards for subdivision application,” Ingalsbe shared. Regarding 1-acre lots, the director of Development Services is proposing those in the interest of water and aquifer protection.
“That’s something we will be discussing,” she added. “We will have a tough decision to make.”
Firm Foundation
When discussing regulations with other counties, Blacksher learned the challenges that come with setting loose restrictions.
“Some counties have gone very light,” said the Tyler County Commissioner, “and they are having issues because they did not start off with strong enough restrictions.
“Go with the strongest you can, and then you can always back up,” he concluded.
“It’s for the protection of your people,” Van Zandt County Commissioner Tim West reiterated. “Be sure and enforce your regulations,” he added. The statute allows for penalties; for example, the McLennan County Subdivision Regulations include the following:
Article X
Enforcement; Penalties; Appeals; Conflict of Interest; Severability
Section 10.1 Category of Offense
A person commits an offense if the person knowingly or intentionally violates a requirement of these Regulations, including the road design and construction specifications incorporated into these Regulations, the rules of McLennan County for on-site sewage facilities, and any appendices attached to these Regulations. An offense under this provision is a Class B misdemeanor (Section 232.005, Local Government Code).
The Texas Legislature meets every two years, meaning revisions are possible, such as those significant changes made by lawmakers in 2019. No significant changes were made during the 2021 session.
“The Commissioners Court should review legislative changes in Chapter 232, Local Government Code after each legislative session,” Allison recommended, “and should perform a complete review of the regulations at least every 10 years.”
By Julie Anderson
Editor