CHAPTER 245. ISSUANCE OF LOCAL PERMITS
LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND
RELATED ACTIVITIES
SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE
OF LOCAL GOVERNMENT
CHAPTER 245. ISSUANCE OF LOCAL PERMITS
Sec. 245.001. DEFINITIONS. In this chapter:
(1) "Permit" means a license, certificate, approval,
registration, consent, permit, contract or other agreement for
construction related to, or provision of, service from a water or
wastewater utility owned, operated, or controlled by a regulatory
agency, or other form of authorization required by law, rule,
regulation, order, or ordinance that a person must obtain to
perform an action or initiate, continue, or complete a project
for which the permit is sought.
(2) "Political subdivision" means a political subdivision of the
state, including a county, a school district, or a municipality.
(3) "Project" means an endeavor over which a regulatory agency
exerts its jurisdiction and for which one or more permits are
required to initiate, continue, or complete the endeavor.
(4) "Regulatory agency" means the governing body of, or a
bureau, department, division, board, commission, or other agency
of, a political subdivision acting in its capacity of processing,
approving, or issuing a permit.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
6, Sec. 1, eff. April 27, 2005.
Sec. 245.002. UNIFORMITY OF REQUIREMENTS. (a) Each regulatory
agency shall consider the approval, disapproval, or conditional
approval of an application for a permit solely on the basis of
any orders, regulations, ordinances, rules, expiration dates, or
other properly adopted requirements in effect at the time:
(1) the original application for the permit is filed for review
for any purpose, including review for administrative
completeness; or
(2) a plan for development of real property or plat application
is filed with a regulatory agency.
(a-1) Rights to which a permit applicant is entitled under this
chapter accrue on the filing of an original application or plan
for development or plat application that gives the regulatory
agency fair notice of the project and the nature of the permit
sought. An application or plan is considered filed on the date
the applicant delivers the application or plan to the regulatory
agency or deposits the application or plan with the United States
Postal Service by certified mail addressed to the regulatory
agency. A certified mail receipt obtained by the applicant at
the time of deposit is prima facie evidence of the date the
application or plan was deposited with the United States Postal
Service.
(b) If a series of permits is required for a project, the
orders, regulations, ordinances, rules, expiration dates, or
other properly adopted requirements in effect at the time the
original application for the first permit in that series is filed
shall be the sole basis for consideration of all subsequent
permits required for the completion of the project. All permits
required for the project are considered to be a single series of
permits. Preliminary plans and related subdivision plats, site
plans, and all other development permits for land covered by the
preliminary plans or subdivision plats are considered
collectively to be one series of permits for a project.
(c) After an application for a project is filed, a regulatory
agency may not shorten the duration of any permit required for
the project.
(d) Notwithstanding any provision of this chapter to the
contrary, a permit holder may take advantage of recorded
subdivision plat notes, recorded restrictive covenants required
by a regulatory agency, or a change to the laws, rules,
regulations, or ordinances of a regulatory agency that enhance or
protect the project, including changes that lengthen the
effective life of the permit after the date the application for
the permit was made, without forfeiting any rights under this
chapter.
(e) A regulatory agency may provide that a permit application
expires on or after the 45th day after the date the application
is filed if:
(1) the applicant fails to provide documents or other
information necessary to comply with the agency's technical
requirements relating to the form and content of the permit
application;
(2) the agency provides to the applicant not later than the 10th
business day after the date the application is filed written
notice of the failure that specifies the necessary documents or
other information and the date the application will expire if the
documents or other information is not provided; and
(3) the applicant fails to provide the specified documents or
other information within the time provided in the notice.
(f) This chapter does not prohibit a regulatory agency from
requiring compliance with technical requirements relating to the
form and content of an application in effect at the time the
application was filed even though the application is filed after
the date an applicant accrues rights under Subsection (a-1).
(g) Notwithstanding Section 245.003, the change in law made to
Subsection (a) and the addition of Subsections (a-1), (e), and
(f) by S.B. No. 848, Acts of the 79th Legislature, Regular
Session, 2005, apply only to a project commenced on or after the
effective date of that Act.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
6, Sec. 2, eff. April 27, 2005.
Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter applies
only to a project in progress on or commenced after September 1,
1997. For purposes of this chapter a project was in progress on
September 1, 1997, if:
(1) before September 1, 1997:
(A) a regulatory agency approved or issued one or more permits
for the project; or
(B) an application for a permit for the project was filed with a
regulatory agency; and
(2) on or after September 1, 1997, a regulatory agency enacts,
enforces, or otherwise imposes:
(A) an order, regulation, ordinance, or rule that in effect
retroactively changes the duration of a permit for the project;
(B) a deadline for obtaining a permit required to continue or
complete the project that was not enforced or did not apply to
the project before September 1, 1997; or
(C) any requirement for the project that was not applicable to
or enforced on the project before September 1, 1997.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Sec. 245.004. EXEMPTIONS. This chapter does not apply to:
(1) a permit that is at least two years old, is issued for the
construction of a building or structure intended for human
occupancy or habitation, and is issued under laws, ordinances,
procedures, rules, or regulations adopting only:
(A) uniform building, fire, electrical, plumbing, or mechanical
codes adopted by a recognized national code organization; or
(B) local amendments to those codes enacted solely to address
imminent threats of destruction of property or injury to persons;
(2) municipal zoning regulations that do not affect landscaping
or tree preservation, open space or park dedication, property
classification, lot size, lot dimensions, lot coverage, or
building size or that do not change development permitted by a
restrictive covenant required by a municipality;
(3) regulations that specifically control only the use of land
in a municipality that does not have zoning and that do not
affect landscaping or tree preservation, open space or park
dedication, lot size, lot dimensions, lot coverage, or building
size;
(4) regulations for sexually oriented businesses;
(5) municipal or county ordinances, rules, regulations, or other
requirements affecting colonias;
(6) fees imposed in conjunction with development permits;
(7) regulations for annexation that do not affect landscaping or
tree preservation or open space or park dedication;
(8) regulations for utility connections;
(9) regulations to prevent imminent destruction of property or
injury to persons from flooding that are effective only within a
flood plain established by a federal flood control program and
enacted to prevent the flooding of buildings intended for public
occupancy;
(10) construction standards for public works located on public
lands or easements; or
(11) regulations to prevent the imminent destruction of property
or injury to persons if the regulations do not:
(A) affect landscaping or tree preservation, open space or park
dedication, lot size, lot dimensions, lot coverage, building
size, residential or commercial density, or the timing of a
project; or
(B) change development permitted by a restrictive covenant
required by a municipality.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by Acts 2003, 78th Leg., ch. 646, Sec. 1.
Amended by:
Acts 2005, 79th Leg., Ch.
31, Sec. 1, eff. September 1, 2005.
Sec. 245.005. DORMANT PROJECTS. (a) After the first
anniversary of the effective date of this chapter, a regulatory
agency may enact an ordinance, rule, or regulation that places an
expiration date on a permit if as of the first anniversary of the
effective date of this chapter: (i) the permit does not have an
expiration date; and (ii) no progress has been made towards
completion of the project. Any ordinance, rule, or regulation
enacted pursuant to this subsection shall place an expiration
date of no earlier than the fifth anniversary of the effective
date of this chapter.
(b) A regulatory agency may enact an ordinance, rule, or
regulation that places an expiration date of not less than two
years on an individual permit if no progress has been made
towards completion of the project. Notwithstanding any other
provision of this chapter, any ordinance, rule, or regulation
enacted pursuant to this section shall place an expiration date
on a project of no earlier than the fifth anniversary of the date
the first permit application was filed for the project if no
progress has been made towards completion of the project.
Nothing in this subsection shall be deemed to affect the timing
of a permit issued solely under the authority of Chapter 366,
Health and Safety Code, by the Texas Commission on Environmental
Quality or its authorized agent.
(c) Progress towards completion of the project shall include any
one of the following:
(1) an application for a final plat or plan is submitted to a
regulatory agency;
(2) a good-faith attempt is made to file with a regulatory
agency an application for a permit necessary to begin or continue
towards completion of the project;
(3) costs have been incurred for developing the project
including, without limitation, costs associated with roadway,
utility, and other infrastructure facilities designed to serve,
in whole or in part, the project (but exclusive of land
acquisition) in the aggregate amount of five percent of the most
recent appraised market value of the real property on which the
project is located;
(4) fiscal security is posted with a regulatory agency to ensure
performance of an obligation required by the regulatory agency;
or
(5) utility connection fees or impact fees for the project have
been paid to a regulatory agency.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
31, Sec. 1, eff. September 1, 2005.
Sec. 245.006. ENFORCEMENT OF CHAPTER. (a) This chapter may be
enforced only through mandamus or declaratory or injunctive
relief.
(b) A political subdivision's immunity from suit is waived in
regard to an action under this chapter.
Added by Acts 1999, 76th Leg., ch. 73, Sec. 2, eff. May 11, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
31, Sec. 1, eff. September 1, 2005.
Sec. 245.007. CONSTRUCTION AND RENOVATION WORK ON COUNTY-OWNED
BUILDINGS AND FACILITIES IN CERTAIN COUNTIES. (a) This section
applies only to a building or facility that is owned by a county
with a population of 3.3 million or more and is located within
the boundaries of another political subdivision.
(b) A political subdivision may not require a county to notify
the political subdivision or obtain a building permit for any new
construction or any renovation of a building or facility owned by
the county if the construction or renovation work is supervised
and inspected by an engineer or architect licensed in this state.
(c) This section does not exempt a county from complying with
the building standards of the political subdivision during the
construction or renovation of the building or facility.
Added by Acts 2005, 79th Leg., Ch.
532, Sec. 1, eff. June 17, 2005.