Two bills signed into law by Governor Abbott, HB2439 and HB3167, will impact the way planning and development interact with the local community. Effective September 1st, these new laws continue the trend of the state restricting the ways cities do business. What follows is a little technical, but it will help you appreciate the added complexity the state is imposing on the local planning and development process.
HB2439 amends Chapter 212 of the Texas Local Government Code to limit building material restrictions. Cities must now accept all building materials approved by any “national model code” in the last three approval cycles. As a result, the city plans to eliminate its “Prohibited Materials” list and rename the “Approved Materials” list to “Recommended Materials.” These changes will not apply to previously created special districts which are exempted from the law. Chapter 212 applies to “plats” and cities are generally applying these restrictions only to newly platted land. New landscaping requirements are also to be adopted; they will provide an additional landscape area around buildings. Developers may apply for an exemption from the new landscape requirements, which is more likely to be granted if recommended materials are used and the materials match the character of the existing building and surrounding area.
This is a one-size-fits-all state program with consequences on the local level. For example, wood “shake” shingles have long been prohibited as a roofing material in Arlington because they are a known fire hazard. When HB2439 goes into effect, they will be legal again.
HB3167 creates a 30-day “shot clock” for approval of plats (or subdivision of land into smaller parcels) and plans. It was also included in Chapter 212, and it will apply only to new plats and the plans associated with them. If new plat requests and their associated plans are not approved, approved with conditions or rejected within 30 days, they will automatically receive approval. If a builder wants to build on an existing plat, the “shot clock” will not apply. As a result of this law, all final plats will require Planning & Zoning (P&Z) Committee approval. Site plans and public improvement plans will now be a part of the final plat application.
With only a 30-day time frame to analyze plans for new projects, a limited window will be created during which applications may be submitted to get on the agenda of a scheduled P&Z meeting. In the past, applications could be submitted at any time, and it was not uncommon for developers and engineers to submit, get comments, and resubmit multiple times. This new law will make the process less convenient because it limits the amount of time cities have to evaluate a project and provide feedback. It could potentially be detrimental to have projects receive automatic approval without any analysis on the impact of the land or community.