USA - TEXAS Law and Practice Contributed by: Brad Holdbrook, Mary Mendoza, Michael Coleman and James Barnett, Haynes and Boone, LLP
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning In Texas, planning and zoning laws are gener - ally governed by Title 7 of the Texas Local Gov - ernment Code, which grants municipalities and counties the authority to enact zoning and plan - ning regulations. These local entities have the power to regulate land use to promote public health, safety, and general welfare. Specific con - trols may include zoning ordinances, compre - hensive plans, subdivision regulations, and other development standards. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction In Texas, the design, appearance, and con - struction methods of new buildings or the refur - bishment of existing buildings are regulated by various state laws and local ordinances. These regulations often include zoning ordinances and regulations and building codes, which set minimum standards for construction to ensure safety, health, and sometimes even aesthet- ic conformity. Local municipalities may have specific ordinances regarding the architectural style, height restrictions, and materials used in construction to preserve historical character or maintain a certain community aesthetic. 4.3 Regulatory Authorities The development and use of Texas real estate are primarily regulated by local governments through zoning ordinances and development codes. These local regulations determine how land can be used, the types of buildings allowed, their sizes, and their placement on a lot. The Tex - as Local Government Code provides the statu - tory framework for these local regulations. Plan -
ning and zoning commissions, city councils, and county commissioners’ courts typically oversee these regulations. 4.4 Obtaining Entitlements to Develop a New Project In Texas, obtaining entitlements for new develop - ments or major refurbishments typically involves submitting detailed plans and applications to local planning or development departments. These applications are reviewed against zon - ing regulations, building codes, and other local ordinances. Public hearings and meetings may be part of the process, allowing for community input and objections. Approval from planning commissions, city councils, or other regulatory bodies may be required, and conditions or modi - fications might be imposed to address planning concerns or public feedback. 4.5 Right of Appeal Against an Authority’s Decision The Texas government generally recognises a right of appeal against decisions made by local or state authorities regarding applications for development or land use. This can include deci - sions on zoning, permits, and other regulatory approvals. 4.6 Agreements With Local or Governmental Authorities It is common for developers operating in Texas to enter into agreements with local, governmen - tal, or quasi-governmental authorities to facili - tate development projects. These agreements, such as development agreements and public improvement agreements, can address infra - structure improvements, utility services, and compliance with zoning and planning require - ments. For larger projects or planned unit devel - opments, agreements might also involve land dedication for public use, transfers of devel -
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