Governance in municipal extra territorial jurisdictions (ETJs) was once again targeted during this year’s legislative session. SB 2038, which will allow landowners in the ETJ to petition for release from oversight by the municipality, will become law on Sept. 1.
Under this new law, those who own property in the ETJ’s, where most of the development in our region is occurring, can forgo compliance with municipal regulations in favor of being regulated by the county governments.
Why does this matter? Because Texas has severely limited the tools that county governments have to regulate land use. And many of the counties in our region are reluctant to exercise the limited powers they do have.
For example, a development proposed by Austin-based developer Milestone would put a 271-unit high-density development over the Edwards Aquifer Recharge Zone, threatening not only local wells but also Barton Springs.
The development as currently planned would ignore the city of Austin’s Save Our Springs (SOS) ordinance, which sets strict limits on lot size, impervious cover, and wastewater disposal for development over the recharge zone.
The northern half of the proposed development falls within the city of Austin ETJ, where SOS restrictions would normally apply.
According to a recent article in the San Antonio Business Journal (titled, “Developers in ETJ plan to use the new bill to push back against regulation”), “The bill, which Martin called a ‘game-changer for how projects get developed,’ gives landowners more control over what they can and can’t do. It’s a handy tool for developers to have in their back pocket, especially within the emerging metroplex of San Antonio and Austin. As the inner core of those cities become increasingly landlocked, more developers are venturing out into the ETJ.”
Along the fast-growing I-35 corridor, growth in the unincorporated areas is indistinguishable from urban development – lacking only the benefits of zoning and other planning prescriptions accorded to cities.
SB 2038 represents a policy decision, initiated by developers and promoted by the state, that serves to drive up land prices within the state’s fast-growing regions by sanctioning high-density development, while disadvantaging more sustainable methods of developing property.
It further disadvantages local communities by stripping them of the power to ensure that development bordering their cities remains consistent with existing development and the wishes of local residents.
To counter the worst consequences of SB 2038, the Greater Edwards Aquifer Alliance and our member groups will be asking the most impacted counties to up their game by assuming and using all the tools that they have, including limiting impervious cover.
We will also be calling on our state representatives to request that counties be given more authority to manage some of the land use issues that significantly impact water.
Annalisa Peace is executive director of the Greater Edwards Aquifer Alliance
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