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How Zoning Works in Texas: Cities, the ETJ and Deed Restrictions

Three sets of rules decide what you can build on a Texas lot. The city writes the zoning code, if the lot is inside city limits. Just outside the city, the extraterritorial jurisdiction (ETJ) gives the city control over how land is divided into lots. The third set is the deed restrictions recorded against the lot, which other owners and homeowners associations (HOAs) can enforce in court. This page explains each layer, the state deadlines that bind cities, and the order in which to check them.

Who Controls What

Sources: Local Gov. Code 211.003, 212.003, chapter 231, Property Code chapter 202.

Cities Write the Zoning Code

Zoning power in Texas belongs to cities, which state law calls municipalities. Under Local Government Code 211.003, a city council may regulate five things: the height, number of stories and size of buildings; the percentage of a lot a building may cover; the size of yards, courts and other open spaces; population density; and the location and use of buildings and land for business, industry, homes or other purposes. Whether a lot may hold one home or four is a density and use rule, so it falls under this power.

That is why the same lot size gives different answers across the state. Austin changed its single-family zones in December 2023 to allow up to three homes. San Antonio has mixed residential districts that allow two, three or four. Dallas allows one home per single-family lot. Houston has no zoning code and writes its lot rules in Chapter 42 of its city code. The Austin, Houston, Dallas and San Antonio pages cover each city.

State law sets the process a city must follow when it changes zoning. A zoning commission holds a hearing, owners within 200 feet get mailed notice, and owners can file a protest that raises the vote the council needs. HB 24 (2025) rewrote those protest rules for changes that add housing. The HB 24 page explains the new thresholds.

Counties Zone Only in Listed Areas

Texas counties can zone only in the specific areas listed in Local Government Code chapter 231, titled "County Zoning Authority." Its subchapters cover Padre Island, the Amistad Recreation Area, military zones, the land around named lakes (Tawakoni, Ray Roberts, Alan Henry, Cooper, Ralph Hall, Post Lake, Lower Bois d'Arc Creek, Somerville, Falcon and others), the El Paso Mission Trail historical area, and development rules in Hood County.

For a lot in the county outside those areas and outside any city's ETJ, no zoning code limits how many homes it holds. Deed restrictions and lender rules still apply. Read the building codes page for the state code minimums, which Texas sets for cities.

The ETJ: Land Just Outside the City

A city's extraterritorial jurisdiction (ETJ) is the unincorporated land next to its limits. Its width depends on the city's population, under Local Government Code 42.021:

In the ETJ a city can apply its plat and subdivision rules. Under Local Government Code 212.003, unless another state law says otherwise, it may not regulate the use of buildings or land; the bulk, height or number of buildings; building size or floor area ratio (building floor area divided by lot area); or the number of homes per acre. Houston's Chapter 42, its subdivision code, sets the minimum single-family lot with sewer service at 5,000 square feet in the ETJ and 3,500 square feet inside the city.

Leaving the ETJ by petition

SB 2038 (2023, Chapter 106, in force since September 1, 2023) added a way for owners and residents to take land out of a city's ETJ. The petition needs signatures from more than 50 percent of the registered voters in the area, or from the owners of a majority in value of the land, as shown on the appraisal district tax rolls. All signatures must be gathered within 180 days of the first one. If the city does not act by the later of 45 days after it receives the petition or its next meeting after the 30th day, the area is released by operation of law, which means it leaves the ETJ automatically.

Some land cannot use this route. Under Local Government Code 42.101, the petition process does not apply within five miles of a military base with an active training program, in an area designated as an industrial district, in an area under a strategic partnership agreement, and in some other listed areas. Read the full list in chapter 42 before you collect signatures.

Plats: Dividing Land Into Lots

A plat is the recorded map that divides land into lots. Under Local Government Code 212.004, an owner who divides a tract inside a city or its ETJ into two or more parts to lay out building lots must prepare a plat. The rule covers a division "by deed, contract for deed" or any other method, so dividing land by deed to create a building lot still needs a plat. One exception applies: a division into parts larger than five acres, where each part has access and no public improvement is dedicated.

State law also sets deadlines. Under Local Government Code 212.009, the city must approve, approve with conditions, or disapprove a plat within 30 days after it is filed. If it does not act within that period, the plat is approved. Conditions and reasons for denial must be in writing, must cite the law they rely on, and may not be arbitrary. After the applicant responds, the city has 15 days to decide. The written-reasons and response rules were added by HB 3167 (2019, Chapter 951) and amended by HB 3699 (2023, Chapter 1125), according to the statute history notes.

Deadlines for Building Permits and Reviews

Building permits have their own clock. Under Local Government Code 214.904, within 45 days of receiving a permit application the city must grant or deny it, send written reasons why it cannot decide yet, or agree with the applicant on a deadline. After a reasons notice, the city has 30 more days. If it misses the deadline, it may not collect any permit fees for the application and must refund fees already paid.

HB 14 (2023) added Local Government Code chapter 247, which lets an owner use an outside reviewer when the city is late. If the city does not approve, conditionally approve, or disapprove a development document by the 15th day after its legal deadline, a licensed engineer or another listed reviewer may perform the review. If the city does not conduct a required inspection within 15 days after its deadline, an inspector certified by the International Code Council or a licensed engineer may inspect. SB 1202 (2025) added that a city may not charge a fee for a review or inspection done under this chapter.

A city that wants to pause new building must follow its own process. Under Local Government Code 212.133, a city may adopt a moratorium on residential or commercial property development only after it follows the notice and hearing steps in 212.134 and makes written findings.

Deed Restrictions and HOAs

A deed restriction, also called a restrictive covenant, is a private rule recorded against a lot. Texas law favors enforcing these rules. Property Code 202.003 says a restrictive covenant "shall be liberally construed to give effect to its purposes and intent." A property owners association's use of its discretion is presumed reasonable unless an owner shows it was arbitrary, capricious or discriminatory. Under Property Code 202.004, a court may award damages of up to $200 for each day of a violation.

The 2025 laws leave these rules in force. SB 15 (2025) states in Local Government Code 211.057 that it does not stop owners from enforcing HOA rules or deed restrictions, and SB 1567 (2025) says the same in its own Section 211.056. Houston's Livable Places FAQ says the City "has no authority to override or supersede active, private deed restrictions." Austin's HOME page tells applicants to check deed restrictions themselves.

Changing deed restrictions by petition

Property Code chapter 204 lets owners extend or change deed restrictions by petition, but only in a county of 3.3 million people or more, a Gulf county of 315,000 to 351,000 next to such a county, or a county of 275,000 or more next to one that contains part of a national forest. Harris County had 4,731,145 people in the 2020 Census, so it meets the first test. A petition approved by the owners of at least 75 percent of the real property in the subdivision, or a smaller share if the original document allows it, can extend or change the restrictions.

Cities that enforce deed restrictions

Two kinds of city may sue to enforce recorded deed restrictions, under Local Government Code chapter 212, Subchapter E: a city of 1.5 million people or more that passes an ordinance to do so, and a city without zoning that passes one. Under 212.153, the city may not sue if a property owners association with power to enforce the restriction files suit first. Houston uses this power through its Deed Restriction Enforcement Team in the City Attorney's office.

The Order to Check Things In

1. Confirm whether the lot is inside a city, in an ETJ, or in the county. Ask the city planning department if the map is unclear.
2. Get a copy of the recorded deed restrictions and the plat for the lot. Read them for a limit on homes per lot.
3. Read the city's zoning or development code for the number of homes, lot size and parking.
4. If the lot is a large unplatted tract, check SB 15. If it is zoned commercial in a covered city, check SB 840.
5. Note the state deadlines: 30 days for a plat, 45 days for a building permit, and the third-party review option.

Where to Go Next

Related on VanPlex: Houston in the global multiplex zoning comparison and the Texas multiplex guide overview.

Frequently Asked Questions

Official sources (checked October 2026)