If you don't quite
understand why you can or can't do this (or that) with
your land, read this article.....
The endangered Houston Toad.
A TEXAS LAND USE PRIMER
BY: VIRGIL E. EAVES JR.
REALTOR/BROKER, VIRGIL EAVES REAL
ESTATE, 1998 Director, 1999 Vice President, 2000
President, Bastrop County Board of REALTORS
FORMERLY PUBLISHED AS A SPECIAL TO THE
BASTROP ADVERTISER
If you buy
Texas real estate, it is important to determine whether
or not your proposed or future use is allowed under the
constantly changing body of laws, regulations and
restrictions that control land use in our society. Just
as importantly, you should determine if possible uses of
surrounding property make your property more or less
desirable for your use. Various entities control land use
in Texas including the Federal Government, the State of
Texas, counties, cities, assorted government agencies,
districts, authorities and landowner created restrictions
or covenants.
The Federal
Government has regulations to protect wetlands and
threatened or endangered species that can have major
impact on land use, especially where certain types of
development is contemplated. The Feds also regulate some
home loans within flood prone areas. There are volumes of
other federal land use regulations.
The State
of Texas has the General Land Office, The Texas
Department of Public Transportation, the Texas Parks and
Wildlife Department, the Texas Natural Resources
Conservation Commission, and several other agencies and
authorities that have control over various aspects of
land use within the scope of each. Most of these agencies
and authorities are appointed by the governor and are separate from each other in their controls and
enforcement. They cooperate little with each other and
expect you determine if your proposed use of a property
falls under one or the other's regulations.
Counties
have limited control over building of proposed roads,
drainage, mapping or platting of certain subdivisions,
and enforcement of other federal, state and county
regulations.
In cities,
the most common land use control is zoning followed
closely by building codes and subdivision regulations.
Zoning is the categorizing or segregation of land uses
within its city limits. This is a "police
power" and can be enforced in much the same way as
traffic and other ordinances. Common types of zoning may
include categories for single family residences,
multi-family dwellings, institutional, office, retail,
commercial, industrial and other uses. Some federal and
state regulations may supersede zoning and restrictions.
Building
codes regulate minimum standards for construction within
a city.
City
subdivision regulations are generally designed to insure
that proposed development is within the city's existing
utility and traffic control capacities.
Cities have
some authority to enforce development controls within
their "extraterritorial jurisdiction" or
"ETJ". This is an area outside the city limits.
The size and shape of the ETJ can vary depending upon the
city's size, current form of government and whether or
not property owners have been voluntarily included. The
city may have requirements for utilities, roads and
drainage in its ETJ.
Outside or
inside of cities, another main avenue of land use control
are "Deed Restrictions" or "Restrictive
Covenants". These are generally not regarded as
laws. They are agreements between the developer or seller
of the property and the owner of the property. As such,
they are not limited to the powers that are granted to
governments. Because of this distinction, restrictions or
covenants can go much farther in controlling land uses
than the government can. It is common for restrictions to
categorize and limit uses to residential, commercial or
other category, establish minimum square footage of
homes, and even regulate the color or type materials used
in construction. Restrictions are sometimes not all that
restrictive. Some may only restrict some minor use, like
the owners cannot pile trash on the neighbor's lot or
operate a livestock feed lot. With a few exceptions, the
main enforcement of this type control is through the
civil courts by individuals or property owners'
associations that are a party to the agreements. This
type of enforcement can be expensive and frustrating,
especially if there is no property owners' association.
You may need legal assistance to enforce the
restrictions, or to defend against an accusation that you
are in violation of restrictions or covenants. Some
restrictions and covenants are not permanent and may
expire at some specified point in time.
REALTORS
have pledged to protect the individual right of real
estate ownership and to widen the opportunity to enjoy
it. Local REALTORS keep abreast of much of this
information and can help you get the answers you need.
They can assist you in finding a property that you and
your neighbors can be happy with. This article is not
intended to be advice for any particular situation or
property. As with most aspects of buying or selling real
estate, you should seek the counsel of an experienced
real estate attorney.
For more on this sort of
subject and a great site that was created by some of the best minds in
Texas, check out THE REAL ESTATE
CENTER of Texas A & M University.
Phone (512)321-7117 or (512)303-2112 Metro
(512)303-9902
FAX
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to our office
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