From the cover
Property owners flee Austin regulations
Like most of the people on this street, we moved here because
Put in perspective
In a nutshell
we want space and you want it to be your forever home. And certain [developments] like this certainly compromise that." DAYNA SMITS, AUSTIN ETJ RESIDENT Oak Springs properties have now been removed from Austin’s ETJ and are no longer subject to previous oversight. New project plans are now being reviewed under Travis County’s less restrictive set of rules, once again raising worries about a potential wave of new residents and traffic in what locals thought would remain a quiet, less built-out area. Property owner David Knapp, who successfully petitioned to remove the site from Austin’s ETJ last fall, didn’t return requests for comment.
The new law could affect future development plans around Austin’s edges in areas that once fell under the city’s broader set of rules. Through the 2010s, residents in Southwest Austin’s ETJ utilized the city’s public review in an effort to cap the size of the proposed Live Oak Springs subdivision behind their neighborhood. The project would have brought more than 80 homes to the end of lightly traveled country roads in a city-protected water quality zone. Local pushback over safety, traffic and flooding concerns led Live Oak Springs to be scaled down in 2019 to 30 homes and ended plans for a proposed access bridge over Slaughter Creek. The group thought they’d reached a compro- mise on the project years ago. However, the Live
Under SB 2038, cities including Austin can’t stop property owners from leaving an ETJ as long as application materials are found to be valid. The law also halts civic ETJ growth alongside any annexations—cities’ gradual expansion of territory, services and regulations—as of 2023 or after. Those in the ETJ can seek the release of any land from their city in one of two ways: • A resident or majority of landowners in the area can petition the city for release. • A smaller portion of residents in the area can petition for a local election. Only registered voters within the proposed boundary can participate and decide on the issue; a majority vote releases the land. SB 2038 was authored by state Sen. Paul Bettencourt, R-Houston, who said he intended to reign in Texas cities’ passive plans for expansion.
Relaxed rules
Sorting out the details
Some development and environmental rules no longer apply to properties leaving the ETJ for the county, like:
ETJs explained
Michael Linehan, president of Austin-based development consulting firm LSI, said he believes the new law and ETJ release process can make properties more developable—and therefore more valuable—by bypassing certain environmental regulations and Austin’s “notorious” permitting process. “By just submitting that letter with your deed to remove yourself from the ETJ, you get [additional developable area], which makes your property significantly more valuable or develop- able,” Linehan said. Although properties might have the potential for increased valuations, Linehan said most residents won’t see major differences in their area
Extraterritorial jurisdictions stretch miles from city limits and are linked to cities’ expansion plans through annexation. In ETJs: City safety, quality of life and development rules apply—one reason why property owners would seek to leave the unincorporated area City taxes aren’t collected Residents can't vote in most city elections Roads and public spaces are generally served by a county or special district
Limits on impervious cover— surfaces that don’t absorb rainfall such as driveways and rooftops—that can restrict buildable area Critical water quality zones, or watershed protection measures blocking development too close to waterways like Barton Creek
SOURCE: CITY OF AUSTIN/COMMUNITY IMPACT
if they or their neighbors release a property; he said there are no clear downsides, or significant benefits, in many cases.
SOURCE: CITY OF AUSTIN, STATE OF TEXAS/COMMUNITY IMPACT
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