CHAPTER 245. ISSUANCE OF LOCAL PERMITS - Texas Statutes

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.