Buying land in the Lone Star State brings exciting opportunities, whether you’re planning a farm, building a home, or investing in Texas ranch land for the vast acreage. While the process can be detailed, it’s a rewarding step toward bringing your vision to life.
Each county in Texas enforces its own set of zoning laws, building regulations, and tax rules. Texas also follows unique property laws, especially concerning water rights and mineral ownership. Understanding these local requirements is key to avoiding costly setbacks.
In this guide, we’ll walk you through essential topics like zoning, permitting, and environmental protections. We’ll also cover tax exemptions that can help save you money. With the right knowledge, you can feel confident about how to buy land in Texas.
Understanding Zoning Laws in Texas
First and foremost, zoning laws provide a framework for land use. They determine how properties can be developed and utilized. In Texas, municipalities typically have zoning authority. This means that cities and towns establish their own zoning ordinances, leading to variations across the state.
With this autonomy, municipalities can designate specific areas for particular usage, such as:
- Residential – Areas designated for housing
- Commercial – Zones for businesses and retail establishments
- Industrial – Regions allocated for manufacturing and industrial activities
- Agricultural – Lands reserved for farming and related purposes
Here are a few steps you can take to ensure that your goals align with these local designations:
- Access Local Resources – Visit the official website of the city or county where you’re considering buying to find zoning ordinances and maps.
- Consult with Officials – Reach out to local planning or zoning departments for guidance on specific regulations and any recent amendments.
- Seek Professional Advice – Consider engaging a real estate professional or zoning expert to assist in interpreting complex zoning laws to make sure your plans comply.
Permitting and Building Regulations
Once you are clear on zoning, you need to consider permitting and building regulations. Texas adheres to the International Building Code (IBC) and the International Residential Code (IRC) as the foundation of its construction standards. Here are the most common permits you’ll typically need:
- Building Permit – This is the cornerstone of any construction project, ensuring your plans align with local building codes and safety standards.
- Electrical Permit – Required for any electrical work, this permit ensures installations meet safety protocols and code requirements.
- Plumbing Permit – You’ll need this permit for any plumbing work, including installation, alteration, or repair of plumbing systems.
- Mechanical Permit – This permit covers the installation or modification of heating, ventilation, and air conditioning (HVAC) systems.
Texas’s home-rule structure means that cities and counties can adapt these codes to better suit local needs. For example, in Austin, the city’s updated code now requires energy efficiency measures that increase construction costs but enhance sustainability and long-term savings.
Meanwhile, in Houston, developers have to prioritize flood control measures, including elevation and drainage plans, to comply with local regulations in flood-prone areas.
Water Rights and Access Regulations
While flooding permeates some areas, other regions in Texas notoriously lack water, making it a critical resource. When it comes to water rights, the Lone Star State distinguishes between surface water and groundwater. They each have different legal frameworks, verification procedures, and availability across the state.
Surface Water
In Texas, surface water—such as rivers and lakes—is owned by the state. To use it for activities beyond domestic and livestock purposes, you’d need a permit from the Texas Commission on Environmental Quality (TCEQ).
Wetter regions of the state, such as the east, and along major rivers, have greater access to surface water sources.
Groundwater
Meanwhile, drier regions of the state such as the panhandle or further west depend on groundwater sources, as surface water is much scarcer in these parts.
Texas follows the “rule of capture,” meaning landowners can pump groundwater beneath their property without liability to neighbors. But be aware that local Groundwater Conservation Districts (GDCs) may impose regulations to manage sustainable usage.
Environmental Regulations and Protected Areas
As with water resources, Texas also varies dramatically in its natural landscape. Certain areas, such as wetlands and wildlife habitats, are protected to preserve their ecological value. It’s important to understand these regulations as they could affect land use or development.
Wetlands
Wetlands host an abundance of biodiversity, but they also play an essential role in water filtration and flood control. These areas are protected under Section 404 of the Clean Water Act, overseen by the U.S. Army Corps of Engineers (USACE). Activities such as commercial development, public infrastructure, dams, or conversion of wetlands for farming require permits from the USACE.
Wildlife Habitats
If your property hosts endangered species or critical habitats, the Endangered Species Act might impose some restrictions. This could limit construction or require habitat conservation plans.
Property owners may need to work with the U.S. Fish and Wildlife Service to make sure they are compliant. Violations can result in fines, so be sure you understand habitat designations before purchasing your parcel.
Property Taxes and Agricultural Exemptions
In Texas, property taxes vary based on how the land is used. Taxes on property designated for residential, commercial, or industrial purposes are assessed based on market value. If you intend to use your plots for farming, however, it could be eligible for an “agricultural exemption.” Under this appraisal method, taxes are based on the land’s productivity value rather than its market value.
To qualify for an agricultural exemption, you must:
- Primarily use your land for activities like farming, ranching, or wildlife management.
- Align your agricultural practices with the intensity levels typical for the area.
- Have maintained agricultural operations for at least five of the past seven years.
Securing an agricultural exemption not only lowers property taxes, but encourages the continuation of local agricultural practices. To apply, submit a filled-out application form to your county appraisal district. Be sure to include necessary documentation proving the land’s agricultural use and history.
Easements and Right of Way Considerations
In addition to considering how you’ll use your land, in Texas you must also consider how others could use it as well. This is where easements come into play. An easement allows others to use a portion of your property for specific purposes.
They generally fall under either affirmative easements, which allow certain actions, or negative easements, which prevent them. Some common easements in Texas include:
- Right-of-Way Agreement – An affirmative easement granting passage across property.
- Utility Easements – Enables utility companies to place and maintain infrastructure.
- Conservation Easements – Limits development to preserve natural resources.
When buying land in Texas, it’s important to know if an easement comes with the sale, as you must consequently abide by its rules. These legal arrangements can affect property value and usability. For instance, utility easements could tie up your land with infrastructure complications, while conservation easements may limit development options.
Mineral Rights: What You Need to Know
Like surface water and its underground counterpart, land ownership in Texas is divided into two separate estates: surface rights and mineral rights. Surface rights owners can use the land’s surface for activities like building or farming. Meanwhile, mineral rights grant ownership of underground resources such as oil, gas, and minerals.
While sometimes included together, these rights often have separate owners. This separation is important, since mineral estate holds dominance over the surface estate. This means someone else could have the authority to extract minerals from beneath your property. Not only that, but mineral rights owners are also entitled to use the surface as they please to extract their resources.
To prevent this uncomfortable situation, carefully examine the deed to see if mineral rights are included in your property purchase. In many cases, previous owners may have severed these rights, or the sellers could be retaining them for themselves.
Tips for Hiring a Real Estate Professional
Trying to keep track of all these laws, regulations, and rights can seem as intimidating as the size of Texas itself! Rather than tackling everything on your own, hiring a local land expert or consultant can ensure you feel confident about your purchase. Follow these steps to find the right land pro for you:
- Ask for Recommendations – Family and friends are your first resource in finding a trusted expert. Ask for referrals to agents they’ve had positive experiences with.
- Check Credentials – Once you’ve gotten a few names, do some research. Check their credentials and testimonials to gauge the agent’s reputation and client satisfaction.
- Interview Multiple Prospects – You wouldn’t buy the first property you see, so why pick the first expert who looks good? Engage with multiple agents to understand their communication style, market knowledge, and negotiation skills.
- Seek Transparency – When you’ve finally found one you like, ensure you can be open and honest with them. This includes clear communication about commissions and fees, as well as information about the market, properties, and the buying or selling process.
Decode Texas Land Regulations With Land.com
Buying land in Texas offers exciting opportunities, but understanding the regulatory landscape is key to a smooth purchasing process. From zoning laws and permitting requirements to water rights and mineral ownership, each step requires careful consideration.
By following these guidelines and partnering with a knowledgeable land professional, you can confidently navigate the process of how to purchase land in Texas.
For more resources, explore our comprehensive listings for ranches for sale, farms for sale, and featured land for sale in Texas. Let Land.com guide you every step of the way, whether you’re buying your first plot or expanding your property portfolio.
Sources:
Texas Constitution and Statues. Chapter 211. Municipal Zoning Authority. https://statutes.capitol.texas.gov/sotwdocs/lg/htm/lg.211.htm
Allensworth Law. HB 738: Texas Adopts 2012 Versions of IRC and IBC; Addresses Residential Fire Sprinklers. https://www.allensworthlaw.com/legal-updates/hb-738/
International Code Council. Texas Building Codes. https://codes.iccsafe.org/codes/texas
City of Austin. International Energy Conservation Code (IECC) [2021]. https://publicinput.com/V1231
Houston Permitting Center. Floodplain Management Office. https://www.houstonpermittingcenter.org/office-city-engineer/floodplain-management-office
TCEQ. Am I Regulated? Water Rights in Texas. https://www.tceq.texas.gov/permitting/water_rights/wr-permitting/wr_amiregulated.html
Journal of Water Resources Planning and Management.Sustainable Statewide Water Resources Management in Texas. https://wrap.engr.tamu.edu/wp-content/uploads/sites/84/2020/12/WaterManagementTexas.pdf
Texas A&M Agrilife. Basics of Texas Water Law. https://agrilife.org/texasaglaw/files/2018/01/Basics-of-Texas-Water-Law.pdf
TAGD. GCD Index. https://texasgroundwater.org/resources/gcd-index/
TPWD. Wetland Regulation. https://tpwd.texas.gov/landwater/water/habitats/wetland/regulation/
TPWD. Wildlife Habitat Assessment Program. https://tpwd.texas.gov/huntwild/wild/wildlife_diversity/habitat_assessment/laws.phtml
Appraisal District Guide. Agricultural Appraisal. https://www.appraisaldistrictguide.com/texas/exemption/agricultural.html
Texas Comptroller. Agricultural, Timberland and Wildlife Management Use Special Appraisal. https://comptroller.texas.gov/taxes/property-tax/ag-timber/index.php
Appraisal District Guide. Agricultural and Timber Exemption Registration Number form. https://www.appraisaldistrictguide.com/texas/forms/Ag%20Timber%20Registration%20ap-228.pdf
Whitman Land Group. All You Need to Know About Easements and Rights of Way in Texas. https://whitmanlandgroup.com/all-you-need-to-know-about-easements-and-rights-of-way-in-texas/
MineralWise. Texas Mineral Rights. https://www.mineralwise.com/mineral-rights-by-state/texas-mineral-rights.
Railroad Commission of Texas. Exploration & Surface Ownership. https://www.rrc.texas.gov/about-us/faqs/oil-gas-faq/oil-gas-exploration-and-surface-ownership/
