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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 211.055 (2): SMALL LOTS.

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Where this section sits in the code
  1. LOCAL GOVERNMENT CODE
  2. TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
  3. SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY
  4. CHAPTER 211. MUNICIPAL ZONING AUTHORITY
  5. SUBCHAPTER D. RESIDENTIAL ZONING LIMITATIONS IN CERTAIN MUNICIPALITIES

(a) Except as provided by this section, a municipality may not adopt or enforce an ordinance, rule, or other measure that requires a small lot to have:

(1) a building plane or other setback greater than:

(A) 15 feet from the front or 10 feet from the back of the property; or

(B) five feet from the side of the property;

(2) covered parking;

(3) more than one parking space per unit;

(4) off-site parking;

(5) more than 30 percent open space or permeable surface;

(6) fewer than three full stories not exceeding 10 feet in height measured from the interior floor to ceiling;

(7) a maximum building bulk;

(8) a wall articulation requirement; or

(9) any other zoning restriction that imposes restrictions inconsistent with this subsection, including restrictions through contiguous zoning districts or uses or from the creation of an overlapping zoning district.

(a-1) Notwithstanding Subsection (a)(1), a municipality may require with respect to a small lot a setback related to environmental features, erosion, or waterways, to the extent authorized by federal or other state law.

(b) A municipality may require with respect to a small lot:

(1) the sharing of a driveway with another lot;

(2) permitting fees equivalent to the permitting fees charged for the development of a lot the use of which is restricted to a single-family residence; or

(3) impact fees, to the extent authorized by Chapter 395.

(c) Notwithstanding Subsection (a)(5), a municipality may adopt or enforce an ordinance, rule, or other measure with respect to a small lot that:

(1) applies to land located in an aquifer recharge zone; and

(2) relates to the protection of an aquifer.

Added by Acts 2025, 89th Leg., R.S., Ch. 1127 (S.B. 15), Sec. 1, eff. September 1, 2025.

Collected 2026-08-27T01:47:27Z. Source file · JSON

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