KELLY HART & HALLMAN LLP MATRIX OF LEGAL AUTHORITIES Home Rule Cities (Austin; Kyle) General Law Cities (Dripping Springs; Bee Caves; Rollingwood; Buda;

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Presentation transcript:

KELLY HART & HALLMAN LLP MATRIX OF LEGAL AUTHORITIES Home Rule Cities (Austin; Kyle) General Law Cities (Dripping Springs; Bee Caves; Rollingwood; Buda; Sunset Valley) Counties (Travis; Hays) Groundwater Conservation Districts (Hays-Trinity GWCD; Barton Springs- Edwards Aquifer GWCD)

KELLY HART & HALLMAN LLP SUPPLEMENTAL MATRIX OF LEGAL AUTHORITIES Art. XVI, Sec. 59 Conservation and Reclamation Districts (e.g., WCIDs; MUDs; LCRA). Chapter 49 Texas Water Code. Water Control & Improvement Districts (e.g., Hays County WCID No. 1; Hays County WCID No. 2). Chapter 51 Texas Water Code. Municipal Utility Districts (Hays County MUD No. 4; Hays County MUD No. 5). Chapter 54 Texas Water Code. Lower Colorado River Authority. Chapter 222 Texas Water Code.

KELLY HART & HALLMAN LLP HOME RULE CITIES Full power of local self-government and ordinance making to protect health, life and property. Power to protect streams and watersheds. May regulate non-point source pollution, enact impervious cover limits, and non-degradation effluent limits (e.g., SOS Ordinance).

KELLY HART & HALLMAN LLP HOME RULE CITIES Regulation of subdivision plats within city or ETJ (subject to allocation of plat review authority with county). Zoning within city limits. Drainage and stormwater controls.

KELLY HART & HALLMAN LLP HOME RULE CITIES Developer Agreements to apply or vary from in-city rules (up to 45 years). Solid waste management consistent with TCEQ regs. (may not abolish existing solid waste facility). Litter, nuisances and unsanitary conditions.

KELLY HART & HALLMAN LLP HOME RULE CITIES Regulation of land development to minimize flood damage. Financial assurance as condition of plat approval. Power to enter and inspect land. Enforcement authority.

KELLY HART & HALLMAN LLP GENERAL LAW CITIES Any ordinance necessary for the governance, interest, welfare or good order of the city. May promote and protect general health, safety and welfare in ETJ. Power to protect streams and watersheds. May regulate non-point source pollution thru pollution control & abatement programs (approved by TCEQ), both in city and ETJ.

KELLY HART & HALLMAN LLP GENERAL LAW CITIES Regulation of subdivision plats within city or ETJ (subject to allocation of plat review authority with county). Zoning within city limits. Drainage and stormwater controls.

KELLY HART & HALLMAN LLP GENERAL LAW CITIES Developer Agreements to apply or vary from in-city rules (up to 45 years). Solid waste management consistent with TCEQ regs. (may not abolish existing solid waste facility). Litter, nuisances and unsanitary conditions.

KELLY HART & HALLMAN LLP GENERAL LAW CITIES Regulation of land development to minimize flood damage. Financial assurance as condition of plat approval. Power to enter and inspect land. Enforcement authority.

KELLY HART & HALLMAN LLP COUNTIES (in unincorporated areas only) Regulation of plats and subdivision of land to promote health, safety, morals & general welfare and safe, orderly, healthful development of land (subject to allocation of plat review authority with cities). Regulation of lot frontages on county roads; building and setback limits; and major roadway widths. May not enact zoning ordinances.

KELLY HART & HALLMAN LLP COUNTIES (in unincorporated areas only) Regulation of drainage as part of subdivision plat approval authority. Developer participation contracts to construct public improvements related to development, but not buildings (w/ 30% limit on county financial participation).

KELLY HART & HALLMAN LLP COUNTIES (in unincorporated areas only) Regulation of solid waste activities consistent with TCEQ regs. Abatement of public nuisance and regulate storage if refuse and unsanitary conditions. Regulation of land development to minimize flood damages.

KELLY HART & HALLMAN LLP COUNTIES (in unincorporated areas only) Financial assurance as condition of plat approval. Power to enter and inspect land. Enforcement authority.

KELLY HART & HALLMAN LLP GROUNDWATER CONSERVATION DISTRICTS Rules for conserving and protecting groundwater to control waste of groundwater. Hays-Trinity GWCD: to conserve, preserve, recharge and prevent waste of GW in western Hays County.

KELLY HART & HALLMAN LLP GROUNDWATER CONSERVATION DISTRICTS Barton Springs-Edwards Aquifer GWCD: to conserve, protect and enhance GW resources of Barton Springs segment of Edwards Aquifer. No specific authority to enact rules to protect streams and watersheds.

KELLY HART & HALLMAN LLP GROUNDWATER CONSERVATION DISTRICTS No specific authority to regulate subdivision plats. May not enact zoning ordinances. May drain lakes, depressions, draws and creeks. May require permits for new GW wells and set spacing and production limits.

KELLY HART & HALLMAN LLP GROUNDWATER CONSERVATION DISTRICTS No specific authority to regulate solid wastes. No specific authority to abate litter or other unsanitary conditions. May require landowner to cap any open or uncovered well.

KELLY HART & HALLMAN LLP

KELLY HART & HALLMAN LLP