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Texas Local Government Code - Section 245.005. Dormant Projects

Legal Research Home > Texas Laws > Local Government Code > Texas Local Government Code - Section 245.005. Dormant Projects

§ 245.005. DORMANT PROJECTS.  (a) After the first 
anniversary of the effective date of this chapter, a regulatory 
agency may enact an ordinance, rule, or regulation that places an 
expiration date on a permit if as of the first anniversary of the 
effective date of this chapter:  (i) the permit does not have an 
expiration date;  and (ii) no progress has been made towards 
completion of the project.  Any ordinance, rule, or regulation 
enacted pursuant to this subsection shall place an expiration date 
of no earlier than the fifth anniversary of the effective date of 
this chapter.
	(b)  A regulatory agency may enact an ordinance, rule, or 
regulation that places an expiration date of not less than two years 
on an individual permit if no progress has been made towards 
completion of the project.  Notwithstanding any other provision of 
this chapter, any ordinance, rule, or regulation enacted pursuant 
to this section shall place an expiration date on a project of no 
earlier than the fifth anniversary of the date the first permit 
application was filed for the project if no progress has been made 
towards completion of the project.  Nothing in this subsection 
shall be deemed to affect the timing of a permit issued solely under 
the authority of Chapter 366, Health and Safety Code, by the Texas 
Commission on Environmental Quality or its authorized agent.
	(c)  Progress towards completion of the project shall 
include any one of the following:
		(1)  an application for a final plat or plan is 
submitted to a regulatory agency;
		(2)  a good-faith attempt is made to file with a 
regulatory agency an application for a permit necessary to begin or 
continue towards completion of the project;
		(3)  costs have been incurred for developing the 
project including, without limitation, costs associated with 
roadway, utility, and other infrastructure facilities designed to 
serve, in whole or in part, the project (but exclusive of land 
acquisition) in the aggregate amount of five percent of the most 
recent appraised market value of the real property on which the 
project is located;
		(4)  fiscal security is posted with a regulatory agency 
to ensure performance of an obligation required by the regulatory 
agency;  or
		(5)  utility connection fees or impact fees for the 
project have been paid to a regulatory agency.

Added by Acts 1999, 76th Leg., ch. 73, § 2, eff. May 11, 1999.  
Amended by Acts 2005, 79th Leg., ch. 31, § 1, eff. Sept. 1, 2005.

Last modified: August 11, 2007