Brownsville | Plats, Permits and Fees

Brownsville Plats, Permits and Fees: Plat Types, Deadlines and the FY 2027 Fee Schedule

A Brownsville housing project passes through two City reviews. The first is the plat, the recorded map that divides land into lots, under Article 3 of the Unified Development Code (UDC). The second is the building permit under Section 4.2.8. This page explains which plat you need, who decides it and how fast, when a lot can skip platting, and what the City charges under the FY 2027 Master Fee Schedule. The Brownsville overview has the short version.

When a Plat Is Needed

Under Section 3.1.4, an owner inside the city or in its extraterritorial jurisdiction (ETJ), the area outside the city limits where the City reviews plats, "must prepare a plat and record the plat with the County Clerk" before dividing a tract "in two (2) or more parts." A division made "by using a metes and bounds description in a deed of conveyance," or by a contract for deed, still needs a plat.

Section 3.1.5 lists the exemptions. A tract divided into parts of five acres or more, each with access to an improved public road, is exempt under Local Government Code 212.004. A parcel whose boundaries were "fully described by one (1) or more title transfer instruments executed before March 30, 1971," and not changed since, is exempt under the "grandfather clause" if it can reach water and wastewater lines directly and has at least 12 feet of frontage. Both are confirmed by a determination certificate from the Planning Director.

Ordinance No. 2025-235.124, passed January 6, 2026, added a route for single-family lots. The Planning Director "may exempt a property from platting without the approval of a determination" certificate when the lot has been the site of a single-family home that is "being rebuilt or remodeled in its totality due to unforeseen circumstances or an act of God," or that is being expanded within the zoning rules; when it had a legal water and wastewater connection, or has direct access to the lines; when its boundary is shown by a deed or a survey sealed within 6 months; and when it has "a minimum frontage of 12 feet on a public" right-of-way or easement at least 30 feet wide. The scanned ordinance drops a few words, so confirm the exact text with the Planning Department.

A second January 2026 ordinance, No. 2025-235.122, made zoning a first step. Section 3.1.3.A now says "No plat type shall be accepted for final processing, approval or recording unless the proposed use that will be established on the resulting" lots is "permitted by right or permitted through a zoning atlas amendment," a rezoning.

Plat Types and Who Decides

Source: Table 2.1-1 as restated by Ordinance No. 2026-235.128 (June 16, 2026), and Brownsville UDC Section 3.2, Supplement 26.

Every plat must give lots that "conform to the minimum lot and area regulations of the governing zoning district." A preliminary plat is "the first stage of the platting process" and is never recorded; a final plat follows once streets, water and wastewater lines are built and accepted by the City Engineer, or with a development agreement and financial security if they are built later. Ordinance No. 2025-235.112 moved the preliminary, final and minor plat decisions to staff in March 2025, and Table 2.1-1 now lists City staff as the decision-maker for each.

Each new lot needs a sidewalk. Under Section 3.4.4 the owner "shall either construct a sidewalk or pay a fee in lieu" after plat approval, the fee amount "is determined by the City Engineer," and a lot in a multi-lot or master planned subdivision may not use the fee. Sidewalks are at least 5 feet wide.

Deadlines

• Completeness. Under Section 2.3.4, the Planning Director decides whether an application is complete within fourteen business days; if not, "the application will be deemed complete." An incomplete application expires "on or after the 45th day" if its gaps are not fixed.
• Decision. The decision-maker acts "within thirty (30) calendar days following the date the application has passed completeness check." If it does not, the plat "shall be deemed approved."
• Waiver. An applicant may file one "Waiver of Right to 30-Day Action" for a plat, which delays action for up to thirty days.
• Expiration. A preliminary plat expires after two years unless construction plans are approved or a final plat is filed, and staff may extend it once by one year. Minor plats, replats and amending plats expire two years after approval.

The state rule is close but counts from a different day. Local Government Code 212.009 says a city "shall approve, approve with conditions, or disapprove a plat within 30 days after the date the plat is filed," and a plat not disapproved in time is approved. Section 212.0081 says an application with every item on the city's published list "is considered complete," and Section 212.0097 says a city "may not request or require an applicant to waive a deadline." Where the City text and the statute differ, the statute controls. After a conditional approval or denial, the applicant may answer in writing, and under Section 212.0095 the City decides the answer within 15 days.

Replats and Protests

A replat re-divides land in a recorded plat. Under Section 3.2.4, the Planning and Zoning Commission decides replats, and staff may approve one that has "four (4) or fewer lots fronting on an existing street" with no new street, no extension of City lines and no required hearing. A replat counts as residential when, in the last five years, the land was zoned for no more than two homes per lot or deed restrictions limited it the same way.

A residential replat with a subdivision waiver, a request to depart from a subdivision rule, needs a hearing with newspaper notice and mailed notice to owners within 200 feet. If owners protest, Section 3.2.4.G requires "the affirmative vote of at least three-fourths of the voting members of the Planning and Zoning Commission present," and counts a protest from "at least twenty (20) percent of property owners who own property located within two hundred (200) feet." Local Government Code 212.015(c) measures the 20 percent by "area of the lots or land" next to the replat and "within the original subdivision," so the statute's test differs from the City's owner count; the statute controls. Without a waiver, the City mails notice of the approval within 15 days, with the new zoning and a phone number and email.

Building Permits

Under Section 4.2.8, the Building Official reports missing items "within ten (10) business days," and "will approve or deny the application within thirty (30) calendar days after the date the application is deemed complete." An applicant who does not send corrected plans "within ninety (90) days" after a list of deficiencies loses the application. A house or duplex needs a plot plan, and a residential building of more than three homes needs Site Plan approval first. No building may be used until the Building Official issues a Certificate of Occupancy under Section 4.2.9. Local Government Code 214.904 gives a Texas city 45 days to grant or deny a permit application, give written reasons, or agree on a deadline, and a city that misses its deadline may not collect the permit fees.

Fees

Section 2.3.3.D says every application comes with "the prescribed fees set forth in the adopted fee schedule," and that fees are not refunded unless paid in error. The City adopted its FY 2027 Master Fee Schedule by Ordinance No. 2026-1761-B, which takes effect on second reading; the draft minutes of September 22, 2026 record that reading passing 5 to 0.

Source: Exhibit A, FY 2027 Master Fee Schedule (Ordinance No. 2026-1761-B), Planning and Redevelopment Services rows, in the City Commission agenda packet of September 22, 2026. The plat fees are listed under "Zoning Permit."

A new house pays the $40 base building fee plus a rate per square foot. The schedule lists the residential tiers as "1-1,450," "1,451-3,010" and "3,011+" square feet, at $0.25, $0.27 and $0.30, and it does not say whether a house of 2,000 square feet pays $0.27 on every foot or $0.25 on the first 1,450 feet; ask the Building Division before you budget. Residential plan checking is $50, the technology fee on a new home permit is $100, and the certificate of occupancy is $50 per unit.

Two lines in the schedule do not match the code word for word. The schedule lists a "Commercial Park Fee" of $2,000 "Per Subdivided Acre," citing UDC 5.2.3.E, while Section 5.2.3.G of the UDC sets "six thousand dollars ($6,000) per acre" for nonresidential development. And it lists a "Determination Certificate - 1995 Rule" at $300, while Section 3.1.5 sets the grandfather date at March 30, 1971. Ask the Planning Department which figure it charges.

Park Fees and the Roadway Capital Recovery Fee

Parkland applies to property of two net acres or more. Section 5.2.3 requires "one (1) acre of parkland per one hundred (100) dwelling units" in RE, R-1, R-2, R-3 and TN, or a payment of "five hundred dollars ($500) per dwelling unit." The City sets the amount at preliminary plat approval, and the developer pays before the final plat is recorded. If the City has not spent the money on parks within eight years, the owner may ask in writing for a refund.

The roadway capital recovery fee is a charge for road capacity under Local Government Code chapter 395, the state impact fee law. Chapter 9 of the Code of Ordinances, adopted by Ordinance No. 2024-1739 with an effective date of May 7, 2024, says in Section 9-13: "Fees shall be $ 1,000.00 per residential dwelling unit and ten percent of the valuation for nonresidential development," and "Fees shall increase by 5 percent each year for the following four years." The fee "shall be collected at the time the City issues a building permit." Section 9-14 exempts qualifying low-income housing, development in the historic downtown area bounded by Fronton Street, Jackson Street, International Boulevard and Palm Boulevard, and "Properties that are exempt from platting." Chapter 314 of the code, titled Impact Fees, holds definitions and an advisory committee, and its land use, capital plan and fee articles are marked "Reserved." Water and wastewater connections run through the utility provider; ask it for its fees.

Where to Go Next

Related on VanPlex: the Brownsville overview, how Texas zoning works and financing 2 to 4 units.

Frequently Asked Questions

Official sources (checked October 2026)