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SB 339Introduced; filed Nov. 12, 202690th Regular Session (2027)

A county could set new building rules near your creeks and floodplains, but voters would have to approve it

What it does

SB 339 would give a county commissioners court new power to write zoning and building rules for areas the county designates as protected, such as aquifer recharge zones, floodplains, karst areas, and riparian zones along creeks and rivers. A county could use that power only if voters in the county approve it in an election, and getting that election on the ballot requires a petition signed by at least 10 percent of the votes cast for all candidates for governor in the county's most recent gubernatorial general election. Once a county adopts the rule, it could limit building height, how much of a lot a building may cover, density, and where buildings may go, and it could require a development plan when plats are approved. The bill would take effect September 1, 2027.

What it means for your community

If your county adopts this, it could change what gets built near your home in protected areas, including how tall a building can be and how much of a lot it can cover. Owners whose land sits inside a protected area or within 500 feet of a proposed zoning change would get notice by mail and a chance to speak at a public hearing, and the county could not change the zoning until it receives a report from the planning commission. Cities with land inside a protected area would get a seat on the planning commission that draws the boundaries, and where county rules and city rules conflict, the stricter rule wins. If a county order defines a violation as an offense, it is a Class C misdemeanor.

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Read the full bill on Texas Legislature Online

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