Ken Paxton

Requirements in Section 212.0105 Counties

Under Local Govt. Code § 212.0105, in some counties a plat of a residential subdivision must have certain additional information and an engineer's certification (related to water and sewer facilities) to qualify for approval by a city. Further, under § 212.0106 the city can require a financial guarantee to cover the costs of such facilities.

The special provisions apply when a plat is already required under Subchapter A (of Chapter 212, Local Govt. Code) and the plat creates two or more lots of five acres or less intended for residential purposes.

The applicable counties are those along the border, and those in which some political subdivision has received financial assistance under the Economically Distressed Areas Program (EDAP). Because these special platting requirements are enforced by cities, they apply only within the corporate limits and the extraterritorial jurisdiction of cities.

Except for a change in lot size in 1991, these provisions were part of the original EDAP legislation in 1989. In many respects, they have been overlapped since then by more detailed requirements under other laws.

List of counties where cities apply Local Govt code §§ 212.0105 and 212.0106

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