Texas Local Government Code

§ 211.017 — CONTINUATION OF LAND USE IN NEWLY INCORPORATED AREAS

LG § 211.017Title 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · Part A. MUNICIPAL REGULATORY AUTHORITY · Ch. 211. MUNICIPAL ZONING AUTHORITY · Art. A. GENERAL ZONING REGULATIONS

Statute text

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(a)A municipality incorporated after September 1, 2003, may not prohibit a person from:

(1)continuing to use land in the area in the manner in which the land was being used on the date of incorporation if the land use was legal at that time; or

(2)beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the incorporation if:

(A)one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and

(B)a completed application for the initial authorization was filed with the governmental entity before the date of incorporation.

(b)For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant.

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Legislative history

Added by Acts 2003, 78th Leg., ch. 279, Sec. 1, eff. Sept. 1, 2003. Renumbered from Local Government Code, Section 211.016 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(66), eff. September 1, 2005.