Hill Country cities allowed to regulate outlying development

Protects water quality

Steve Hawley, Mar 24, 10.

State Attorney General Greg Abbott has issued an opinion stating that small cities in the Hill Country near Austin have the power to regulate development in the areas just beyond their city limits, according to the Austin American-Statesman.

The article reports:

Abbott issued the opinion in response to a question by the City of Wimberley on whether it had the authority to enact construction rules in its extraterritorial jurisdiction — an area outside the city but subject to some city rules — to limit pollution from oil washing off driveways or from fertilizer washing off yards, among other things.

The rules could require setbacks from waterways, detention ponds to capture pollutants or silt fences to prevent construction materials or eroding soils from washing into streams.

The Hill Country has been growing rapidly in population, and small cities are struggling to deal with the new development, and particularly how such development will impact water quality. Local aquifers and streams not only supply drinking water, but also contribute to tourism in the region.

Wimberly is planning to regulate runoff in its extraterritorial jurisdiction, but it sought the attorney general’s opinion to limit the city’s legal liability. The American-Statesman notes:

The attorney general’s opinion will be persuasive, but not binding, for courts.

Practically speaking, it affects only Central Texas cities because such rules are typically passed in areas of rapid growth that are over aquifers.

(Photo credit: Jeff Jeter)