§ 82.201 GENERAL SUBDIVISION PROCEDURES
(1) The Commissioners Court will not approve a Final Plat for subdivision of land
unless it complies with all applicable requirements of these Standards.
(2) For Subdivisions within the ETJ of a municipality with which the County has
entered into an agreement under 242.001(c) and (d), Local Government Code, County
review, if any, shall be as provided in the agreement. If any provision of this chapter
cannot be reconciled with such an agreement in a manner consistent with Chapter
245, Local Government Code, the agreement shall control. The County has entered
into the following such agreements:
(A) City of Austin. April 1, 2002
(B) City of West Lake Hills. June 18, 2002.
(C) City of Lakeway. September 17, 2002.
(D) City of Pflugerville. September 30, 2002.
For Subdivisions within the ETJ of a municipality with which the County has not
entered into an agreement under 242.001 (c) and (d), Local Government Code, the
County staff will coordinate its review with the municipality in order to avoid
unnecessary duplication and conflict between county and municipal requirements
(3) In approving a Final Plat, the Court may order that the Executive Manager hold
the plat in abeyance and not file it until the Owner has submitted construction security
or other documents, provided proof that the Final Plat has been approved by any other
governmental entity with platting or other jurisdiction, or met other prerequisites set
by the Court. Upon approval by the Court and the Executive Manager’s
determination that any prerequisites for filing have all been met, the Final Plat will be
filed of record in the Plat Records of Travis County, along with any applicable
covenants and/or restrictions, at the Owner’s expense. If the Executive Manager
determines that any prerequisites for filing have not been met or another
governmental entity requires changes to the plat as it was previously approved by the
Court, the Court may reconsider the application and approve modifications or
withdraw its previous approval. The Court shall act on a request for reconsideration
within 30 days.
(4) An "Original Tract" means a tract of land which existed in its present
configuration prior to September 1, 1983.
(1) An application for approval of a Final Plat shall be filed with TNR by the record
Owner or the duly authorized agent of the Owner. The Final Plat Application Form is
in the Appendix as Exhibit 82.201(C) and contains a written list of documentation
and other information. For the application to be considered complete, this
documentation and information must be submitted in sufficient details so that the
technical review process for compliance with the requirements of these Standards can
(2) The application for approval of a Final Plat will be reviewed by TNR for
completeness under the applicable requirements and procedures of these Standards.
(A) If the application is complete, the Executive Manager shall notify the Owner
and TNR’s technical review process will begin.
(B) If the application is incomplete, the Executive Manager shall notify the
Owner within ten (10) business days of receipt of the application of the
documents or other information that is lacking. The Owner shall perform such
work and provide such documentation as required to complete the application and
resubmit it to the County. This process shall be repeated until the application is
(C) Once the application has been completed, TNR shall review the completed
application for compliance with these Standards.
(3) The Executive Manager will approve or disapprove an application and notify the
Owner of the result within forty-five (45) days after receiving a complete application.
If the application is disapproved, the Executive Manager will provide a written list of
the reasons for disapproval.
(A) If the Executive Manager approves the application, a request for final action
will be placed on the Commissioners Court agenda.
(B) If the application is denied, the Owner may appeal to the Commissioners
Court by requesting in writing within two (2) business days of being notified
of the result that the application be placed on the Commissioners Court
agenda for final action. If the Owner does not appeal, the Executive
Manager’s disapproval constitutes final action.
(C) If the Owner appeals and the Commissioners Court does not take final action
within sixty (60) days after receiving a complete application, the application
is approved by operation of law and the Owner shall be refunded the greater
of the unexpended portion or fifty percent (50%) of any plat application fee
or deposit that has been paid.
(4) An application shall include all of an Original Tract, except as otherwise provided
in this Section. All property shall be platted with due regard to the orderly extension
of roads, utilities, drainage, and other public facilities.
If less than an entire Original Tract is being subdivided and platted, the County will
require the owner to enter into a Phasing Agreement to provide for the orderly
administration of the subdivision process in the subsequent platting of the the balance of
the tract. A copy of a sample Phasing Agreement is included in the Appendix.
(5) The Executive Manager shall waive the requirement that an application include all
of an Original Tract if:
(A) all of an Original Tract is not owned by the applicant and the portion of the
Original Tract included in the Final Plat or a previously approved Preliminary
Plan will satisfy the access requirements of Section 82.202(d); and
(B) the balance of the Original Tract abuts or has access by a recorded easement
to a public street or road, or the Final Plat or a previously approved
Preliminary Plan provides for such access to the balance of the Original Tract.
(6) The Phasing Agreement must be approved by the Commissioners Court upon the
approval of the first Preliminary Plan or upon the approval of Alternative Fiscal, but
no later than the date of the approval of the first Final Plat.
(7) An application for Final Plat approval may include all or a portion of the land
included in an approved Preliminary Plan, subject to the requirement of a Phasing
(8) The Commissioners Court may approve a Phasing Agreement which meets the
(A) The Phasing Agreement is in substantially the form set forth in the Appendix;
(B) The Phasing Agreement adequately addresses the particular facts in proposed
phased development so that the development process is accommodated and the
public interest is protected;
(C) The dedication of roads and drainage, and the posting of construction security
is roughly proportional to the impact of the development of the property; and
(D) The form and substance of the Phasing Agreement is approved by the County
(9) A Master Development Plan may be voluntarily submitted as a non-binding
planning tool, but is not required and will not be approved by the Executive manager
or the Commissioners Court. If submitted, it will consist of a reasonably detailed map
or schematic drawing containing the following:
(A) The boundaries of the entire development;
(B) The names of adjacent platted subdivisions or the names of the record owners
of adjoining unplatted property;
(C) The location, width and names of all existing or platted streets or public
rights-of-way and all existing easements within and adjacent to the development;
(D) The layout and width of proposed arterials, thoroughfares and collector streets
and the general configuration of proposed streets and alleys:
(E) The general arrangement and designations of land uses, and any sites for
special use (e.g., for parks, open space, detention, or other public facilities);
(F) The approximate location of the 25-year flood plain and the 100-year flood
plan, the location and width of existing drainage channels, creeks and water
courses within the development; and
(G) The proposed location of proposed drainage courses and any necessary offsite
(c) Expiration and Extension.
(1) Preliminary Plan.
(A) A Preliminary Plan application submitted at the election of the Owner under
Section 82.203 shall conclusively be deemed to be withdrawn if, at the end of two
years from the date of submittal of a complete preliminary plan Submission for
review to the County, the applicant has not satisfied the applicable criteria for
approval under these regulations. The Executive Manager may grant one 180-day
extension to the review period for just cause. The request must be tendered in
writing prior to the expiration of the initial review period.
(B) Outside the City of Austin’s ETJ, approval of a Preliminary Plan submitted at
the election of the Owner under Section 82.203 expires unless a complete
application for Final Plat approval for all or a portion of the Preliminary Plan is
filed no later than two years after the date of Preliminary Plan approval by the
County or any municipal authority responsible for such actions, whichever is the
later date, and the Final Plat is approved.
(C) In the City of Austin’s ETJ:
(i) a preliminary plan expires:
(1) four years from the date of approval in the Drinking Water
Protection Zone; and
(2) ten years from the date of approval in the Desired Development
(ii) The expiration date of a preliminary plan may be extended
administratively by the approving authority, as defined in clause iv below,
for a period of two years if neither the preliminary plan nor the regulations
governing the original approval of the preliminary plan have significantly
changed. No more than two such extensions shall be granted.
(iii)One or more extensions of the expiration date of a preliminary plan may
be granted by the approving authority, as defined in clause iv below, based
on commitments that the applicant has made in an agreement with Travis
County, the City of Austin, or both, to complete infrastructure in
increments or phases corresponding to each increment or phase of
development of the land covered by the preliminary plan.
(iv) The approving authority:
(1) in City of Austin near term annexation areas is the authorized official
of the City of Austin for administratively granted extensions and the
land use commission, as defined by the City of Austin Land
Development Code, for all other extensions;
(2) Outside City of Austin near term annexation areas and in the Desired
Development Zone, is the Executive Manager for administratively
granted extensions and the Commissioners Court for all other
(3) Outside City of Austin near term annexation areas and in the Drinking
Water Protection Zone is both the Executive Manager and the
authorized official of the City of Austin for administratively granted
extensions, and both the Commissioners Court and the land use
commission, as defined by the City of Austin Land Development
Code, for all other extensions.
(2) Incomplete Applications for Final Plats. An incomplete application for a Final
Plat shall be conclusively deemed to be withdrawn if the Owner does not provide the
documents or other information within sixty (60) days after the County has notified
the Owner of the missing document or information. Upon written request, the
Commissioners Court of the Executive Manager may grant one extension of sixty
(3) Extensions of Time for Final Action on Final Plat:
(A) The Commissioners Court or the Executive Manger may unilaterally extend
the sixty (60) day period for final action under Section 82.201(a) up to an
additional sixty (60) days if the County is required to perform a Takings
Impact Assessment (“TIA”) under Chapter 2007 of the Texas Government
Code in connection with the application. The Commissioners Court or the
Executive Manager must make the determination that the TIA is required and
that the period will be extended within twenty (20) days after receiving a
(B) The sixty (60) day period for final action under Section 82.201(a) may be
extended for reasonable period if agreed to in writing by the Owner and approved
by the Commissioners Court or the Executive Manager. A form for the extension
of the sixty (60) day period is set forth in the Appendix as Exhibit 82.201(D).
The Commissioners Court of the Executive Manger may not compel an Owner to
waive any time limit.
(C) If sixty (60) day period for final action is extended, the plat is approved as a
matter of law if final action is not taken on the application by the agreed date of
(d) Cancellation of Subdivision Plats
(1) General. This Section (d) applies only to real property located outside
municipalities and their ETJ as defined in the Texas Local Government Code.
Properties within a municipality’s ETJ shall follow the individual municipality’s
established rules for vacation of subdivision plats. Vacations of plats within the ETJ
of a municipality must be approved by both the municipality and the County.
(2) Cancellation of Subdivision. A person owning real property that has been legally
platted into lots or blocks may apply to the Commissioners Court through TNR to
cancel all or part of the subdivision, including cancellation of dedicated easements or
rights-of way within the subdivision or portion thereof to be canceled. If the
Commissioners Court determines that the cancellation of all or part of the subdivision
does not interfere with the established rights of any purchaser who owns any part of
the subdivision or it is shown that the purchaser agrees to the cancellation, the
Commissioners Court shall authorize the owner of the subdivision to file an
instrument canceling the subdivision in whole or in part. If the cancellation is
approved, the property will be re-established as acreage tracts as it existed prior to
subdivision. A sample cancellation instrument is included in the Appendix. Notice of
the proposed subdivision cancellation shall be published in the local newspaper at
least 21 days prior to the public hearing held at a regular Commissioners Court
In the event the cancellation is being done to facilitate a replat, the replat will be
processed simultaneously with the cancellation action. The following documentation is
required to be submitted to TNR for review prior to placing the request on the
Commissioners Court agenda:
(A) Two copies of the plat to be canceled. If only a partial cancellation is being
requested, the lots, blocks, and/or right-of-way to be canceled must be delineated.
(B) Current tax certificates covering the area to be canceled.
(C) Copies of the current owner’s deed(s) for the area to be canceled.
(D) A request for cancellation.
(i) If the request is for a cancellation of the entire subdivision, a copy of the
cancellation document showing the notarized signature of all the owners of
the lots or blocks in the subdivision .
(ii) If the request is for only a portion of the original plat, the document must
reflect the notarized signature of at least 75% of the owners of the original lots
in the subdivision, phase, or identifiable part. However, if the owners of at
least 10% of the original lots file written objection to the cancellation with the
Court, the granting of an order of cancellation is at the discretion of the Court.
(E) In the case of utility easement or right-of-way cancellation, letters from utility
providers either stating that the release of the easements and/or rights of way will
not create a limitation on area service or outlining the areas to be retained for
(F) Certification of public notice at least 21 days prior to the court hearing.
(e) Revision of Plat
(1) This Section (e) applies to real property located outside of the corporate limits of a
municipality. Properties within a municipality’s ETJ shall also follow the individual
municipality’s established rules for replatting without vacating or amending
(2) A person who has subdivided land that is subject to the subdivision controls of the
County may apply in writing to the Commissioners Court for permission to revise the
subdivision plat filed for record with the County Clerk.
(3) After the application is filed with the Commissioners Court, the Court shall
publish a notice of the application in a newspaper of general circulation in the
County. The notice must include a statement of the time and place at which the Court
will meet to consider the application and to hear protests to the revision of the plat.
The notice must be published at least three times during the period that begins on the
30th day and ends on the 7th day before the date of the meeting. If all or part of the
subdivided tract has been sold to nondeveloper owners, the Court shall also give
notice to each of those owners by certified or registered mail, return receipt requested,
at the owner's address.
(4) The following documentation must be submitted to TNR for review prior to
placing the request on the Commissioners Court's agenda:
(A) Two copies of the plat proposed to be revised, with a delineation of any
(B) Current ownership information for the subdivision.
(C) The agreement, if any, of any owners to be affected by the revision.
(5) The Commissioners Court shall adopt an order to permit the revision of the
subdivision plat, if it is shown to the Court that:
(A) The revision will not interfere with the established rights of any owner of a
part of the subdivided land; or
(B) Each owner whose rights may be interfered with has agreed to the revision.
(6) If the Commissioners Court permits a person to revise a subdivision plat, the
person may make the revision by filing for record with the County Clerk a revised
plat or part of a plat that indicates the changes made to the original plat.
(f) Use of Other Standards.
Except as expressly provided either in paragraph (4) below or elsewhere in this Code,
the Executive Manager of TNR may allow the use of other standards which differ
from these Standards, but which protect the public interest and comply with sound
engineering principles and practices (“Other Standards”), except as they relate to
Construction Security, Permits, and non-engineering issues. If the Executive Manager
refuses to grant a request to use Other Standards, the Owner may appeal such a
decision to the Commissioners Court.
(1) Administrative Process. An applicant desiring to use Other Standards, which are
under the purview of the Executive Manager, shall submit a written request
identifying the specific section and/or subsection of the Standard(s) from which the
use of Other Standards is requested and justification for the request.
(A) The applicant shall be notified in writing within fifteen (15) working days of
the receipt of the request, if the use of Other Standards is granted.
(B) If the use of Other Standards is denied, the applicant may appeal the decision
in writing to the Commissioners Court within fifteen (15) days of notification of
the denial. The request for Commissioners Court hearing must be delivered to the
Executive Manager. The Executive Manager will then submit an agenda request
to the Commissioners Court for the Court’s consideration in accordance with the
Commissioners Court's Rules of Procedure. The County Attorney's office will be
notified of the request.
(2) Nonadministrative Process. Except as expressly provided either in paragraph (4)
below or elsewhere in this Code, a request for the use of Other Standards which differ
from the Construction Security, Permit, and non-engineering requirements of these
Standards, will require approval by the Commissioners Court. Applications for the
use of such Other Standards should be made to the Executive Manager, who will
submit the necessary agenda request.
(3) An application for a request to use Other Standards should be submitted at the
same time an application is filed. Such a request may be submitted after filing an
application for a Preliminary Plan or Final Plat. An application for a request to use
Other Standards shall be processed according to the procedures established by these
(4) In the City of Austin’s EJT:
(A) the City of Austin shall have sole authority to grant variances and waivers
from this chapter:
(i) regarding design of water, wastewater, and electric utility infrastucture,
unless the City of Austin is not the utility provider, in which case the entity
that is the utility provider shall have sole authority to grant variances and
(ii) regarding environmental and stormwater quality controls and airport
(iii) in City of Austin near term annexation areas, regarding transportation
facilities and floodplain management and stormwater conveyance.
An appeal of a determination by the Executive Manager under these Standards
will be to the Commissioners Court on the basis of a written application to the
Executive Manager specifying the basis of the appeal.