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TX RE Broker: Land Use, Planning, and Environmental Issues

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Land Use, Planning, and Environmental Issues

Local controls

Texas has no statewide zoning; municipalities regulate under Local Government Code Chapter 211. Houston is the best-known major city without zoning, where deed restrictions do the work. Subdivision requires plat approval; a city's extraterritorial jurisdiction extends some control beyond city limits. Nonconforming uses may continue but may not be enlarged; variances come from the board of adjustment; special use permits come from the governing body. Deed restrictions are private covenants enforced by injunction or damages - a variance from the city does not change them, and an HOA is not a government.

Districts and required notices

Municipal utility districts (Water Code Chapter 49) and public improvement districts levy taxes or assessments. The seller must deliver the statutory MUD or PID notice; a contract clause alone is not enough, and non-delivery gives the buyer a termination right. The HOA addendum is a separate document with its own delivery rule.

Environmental

CERCLA imposes strict, joint, and several liability on current owners, so due diligence matters: a Phase I ESA (records review, site visit, interviews, no sampling) and, if needed, a Phase II with sampling. Lead-based paint disclosure is required for pre-1978 housing. Asbestos, radon, mold, and floodplain (FEMA) and wetland (USACE, Clean Water Act §404) restrictions all limit use; TCEQ administers Texas permits.

Rule of thumb

Permit, plat, private restriction - check all three. A use allowed by zoning may still be barred by a deed restriction.