USA – TEXAS Law and Practice Contributed by: Taylor Cooksey, Philip Kinkaid, Serena Kramer and David Brooks, Cokinos | Young
4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Planning and zoning are primarily governed by a combination of state statutes and local author - ity. Significant control is delegated to municipali - ties and counties. The Texas Local Government Code grants cities the power to regulate land use, building heights, lot sizes and population density through zoning ordinances. Municipal ordinances govern subdivision planning and development standards within a city’s jurisdic - tion, including its extraterritorial jurisdiction. The Texas Property Code regulates property own - ers’ associations, which can impose additional restrictions beyond municipal zoning, but those are private agreements rather than governmental controls. Texas does not impose a uniform zoning code. The City of Houston does not have zoning per se, but is largely regulated through private restrictions and municipal ordinances governing subdivision planning and non-zoning land use restrictions. Counties in Texas have limited zon - ing power compared to municipalities, focusing on subdivision rules rather than zoning. State agencies like the Texas Commission on Environ - mental Quality impose additional requirements that intersect with local zoning, such as flood plain management. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Legislative and governmental controls over the design, appearance and method of construction for new buildings or the refurbishment of existing buildings are affected by a combination of state laws, local ordinances and private restrictions.
These controls vary significantly depending on whether the property is in a municipality, its extraterritorial jurisdiction or an unincorporated county area, and also whether the property may be located in Houston; see 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning . Municipalities may regulate building design and appearance through zoning ordinances. This can include aesthetic standards and construc - tion methods, although the focus is on land use. Subdivision planning and development stand - ards can indirectly affect construction methods by requiring infrastructure like roads, drainage and utilities to meet required specifications. Cities may adopt versions of national building codes, with permitting and inspection require - ments to ensure compliance with codes and ordinances. Certain historic buildings or historic districts may require special approvals regarding renovations. 4.3 Regulatory Authorities Planning and zoning controls in Texas are decentralised, with municipalities having the most authority through zoning ordinances and subdivision rules, while counties play a narrower role focused on development standards. State law provides the enabling framework; see 4.1 Legislative and Governmental Controls Appli- cable to Strategic Planning and Zoning . 4.4 Obtaining Entitlements to Develop a New Project Obtaining development entitlements in Texas for a new project or a major refurbishment involves processes governed by local government regu - lations, primarily at the municipal or county level, depending on the project’s location. Typically, the process includes securing approvals such as zoning and subdivision changes, permits, plats
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