Texas planning/zoning laws

Mickelson, Kimberly. 2006. "Texas Legal" Planning February 2006. pp.46-49.

What regulations there are, are done by cities

• 254 counties in TX!
• In TX, counties have v little planning authority (only 12/254 counties have). They do have platting authority, but that often controlled by cities.
• Virtually all regulatory authority is by cities. But most of the state is unicorporated so therefore not much regulation.
• Historically, little emphasis on comprehensive planning in the state.
• Municipal comprehensive plans can be carved in stone or flexible.

Planning less strict than other states because republicans and:
1. Private Real Property Rights Preservation Act or "takings statute"

• Any government entity considering new regulations that would reduce a property's value by 25% or more must file a Takings Impact Analysis (TIA)

2. Vested Rights Law

• Ordinance changes can't be applied to projects after first permit applied for.
• Cities can't change zoning of property or apply new regulations relating to landscaping or architectural standards to developments in progress.

Other issues:
Influence of developers and private property rights
Cities can annex land