Texas Subdivision Law and Platting
Description
Your plat can be governed by the city one day and the county the next, and Texas law won’t put that change on a map.
Miss the plat “shot clock,” and you might win automatic approval, or spend months arguing whether the clock ever ran.
An exaction with no statutory basis, a floodplain or water moratorium nobody flagged, any one of them can turn a clean plat into a contested one.
A straightforward plat can still turn on a filing or a deadline nobody put on the map.
That’s why we put together this training. To keep your plats, your approvals, and your license off ground that keeps shifting under you.
You’ll leave this training knowing how to:
- Tell platting from zoning under Texas law, and which one controls what you’re filing
- Confirm whether your project is still in a city’s ETJ before you design to the wrong standard
- Track the plat “shot clock” and know what a missed deadline actually does to your application
- Recognize when an exaction lacks the statutory basis to hold up
- Spot when a floodplain call or a water moratorium changes what you can plat
- Identify the rights and limits that come with a highway right-of-way before it reshapes your plat
Learn from six distinguished Texas land use attorneys, including an ACREL Fellow and board-certified real estate specialist, and an eminent domain litigator who’s fought right-of-way cases for landowners and governments alike.
One missed filing or deadline can undo a plat that looked clean.
This training is your chance to get the sequence right before a deadline catches you.
Register now!
Agenda
Webinar instructions will be emailed 24-48 business hours before the date of the webinar.
Please log into the webinar 10-15 minutes before start time.
Tuesday, January 12, 2027
8:30 am – 3:30 pm CST (includes breaks)
Agenda:
Presented by Reid Wilson, Justin Pruitt, Jordan Cooney, Jake Guarino, Omar Izfar, and Paul D. Barkhurst
History of Platting – Reid Wilson
- What is platting and how does it differ from zoning
- Platting-Regulation of the division of land
- Zoning- Regulation of the use of land
- Development of platting regulations
- Municipal
- County
- Current direction of the law
Development Agreements – Justin Pruitt
- Purpose of Developments Agreements in Texas – Land Use Regulation
- Relationship to Subdivision Regulation, Annexation, and ETJ Governance
- Distinction in Regulatory Authority
- Municipal (Ch. 212 TX Local Government Code)
- Statutory Basis – TX LCG Sec. 212.172
- Key Powers
- Typical Subjects/Development Agreements in Practice
- County (Ch. 232 TX Local Government Code)
- Statutory Basis – Ch. 232 – County Regulation of Subdivisions
- County Powers
- Typical Subjects/Development Agreements in Practice
- Municipal (Ch. 212 TX Local Government Code)
- Interaction between Chapters 212 and 232
- Overlapping Jurisdiction in the ETJ
- ETJ Opt-Out
- Practical Considerations
- Overlapping Jurisdiction in the ETJ
- Drafting Development Agreements
- Common issues
Platting Requirements – Jordan Cooney
- When is a Plat required?
- Exceptions to Plat Requirement
- City Plat Certification
- Legal Plat Approval Process
- Plat “Shot Clock”
- Street Dedication and Easements
Plat Enforcement & Exactions – Jake Guarino
- Enforcement Tools for Plat Violations
- City
- County
- Exactions: Legal Basis and Limits
- What are Exactions, and What is Rough Proportionality?
- Statutory Authority
- Constitutional and Statutory Restraints
- Coordinating between Cities and Counties
- Overlapping Jurisdiction in the ETJ
- Practical Issues
- Best Practices for Local Governments
- Plat Enforcement
- Exactions
- Common Issues and Legal Risks
- Lack of Statutory Basis
- Failure to Satisfy Rough Proportionality
- Plat Approval Without Adequate Infrastructure Guarantees
- Enforcing Outdated/Improperly Recorded Restrictions
Water Moratoriums and Floodplain Issues – Omar Izfar
- Local Government Regulatory Framework
- Municipal (Ch. 212)
- County (Ch. 232)
- Vested Rights (Ch. 245)
- Drainage and Flood Control Authority (Ch. 552)
- Federal and State Floodplain Regulations
- FEMA National Flood Insurance Program
- Local Floodplain Ordinances tied to FEMA Maps
- Texas Water Development Board Flood Planning Requirements
- Water Moratorium Authority – Insufficient Water Supply, Inadequate
- Water/Wastewater Infrastructure, Emergencies
- Platting Issues In Water Moratorium Areas
- When a Moratorium Affects Platting
- Required Findings for a Valid Moratorium
- Practical Impacts on Developers
- Floodplain Issues Related to Platting
- Floodplain Identification
- Platting Requirements in Flood-Prone Areas
- Coordination with Regional Flood Planning
- Interaction Between Water Moratoriums and Floodplain Issues
- How Flooding can Trigger Water Moratoriums
- How Water Moratoriums Affect Floodplain Development
- Best Practices
- Local Governments
- Developers
Understanding Highway Rights-of-Way – Paul Barkhurst
- Types of public and private roads in Texas
- Interstate highways, federal highways, state highways, county and local roads
- Private roads
- Identifying potential rights-of-way
- Negotiating and valuing rights-of-way
- Condemnation process
- Rights included in right-of-way
- Landowner rights
- Maintenance of right-of-way
- Alterations and encroachments
Webinar Instructions
All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.
Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.
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Windows 10 or higher, macOS 11 or higher, Linux, Google Chrome OS
Web Browser:
Google Chrome (most recent 3 versions)
Microsoft Edge (most recent 3 versions)
Internet connection: 1 Mbps or better
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Credits
Architects
6.25 HSW CE Hours
AIA - American Institute of Architects
Pending (6.25 HSW LUs)
Engineers
6.25 PDHs
Land Surveyors
6.25 CE Hours
Attorneys
6.25 CLE Hours
APA/AICP - American Planning Association/American Institute of Certified Planners
Pending* (CM | 6.25)
This webinar is open to the public and is designed to qualify for 6.25 HSW continuing education hours for architects and 6.25 PDHs for engineers and land surveyors in Texas. The Texas Board of Professional Engineers and Land Surveyors does not pre-approve any continuing education activities.
The American Institute of Architects Continuing Education System has approved HalfMoon Education as a sponsor of continuing education (Sponsor No. J885). This course has been submitted for AIA CES approval and is currently pending. Only full participation is reportable to the AIA CES.
*HalfMoon Education is an approved CM Provider with the American Planning Association. This course will be registered for CM | 6.25 for Certified Planners once 2027 course registration is available. This course listing at halfmoonseminars.org will be updated regarding registration status.
Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed).
On-Demand Credits
The credits listed above apply only to the live webinar. This course in an on-demand format may not qualify for the same credit in some states. Please refer to specific board rules to determine if an asynchronous, on-demand course is appropriate. The following credits will be included in the on-demand format subject to approval:
6.25 HSW LUs (AIA)
Speakers
Paul D. Barkhurst
Shareholder at Barkhurst & Hinojosa, P.C., in San Antonio, TXMr. Barkhurst has extensive litigation experience in business and real estate disputes. He has developed a special concentration in the area of eminent domain, representing landowners as well as governmental entities in numerous such lawsuits, involving millions of dollars. Paul has successfully represented numerous owners in ranch power line takings, pipeline cases, and highway construction cases. Paul also represents governmental entities in construction disputes, and has represented contractors and subcontractors in private disputes. He also has extensive experience handling complex business dissolution and injunction cases.
Jordan Cooney
Attorney with Wilson Cribbs & Goren, in Houston, TXMr. Cooney focuses his practice on land use and development. He clerked with Wilson Cribbs + Goren throughout his entire time in law school, where he was able to gain valuable knowledge and skills in the land use, zoning, and development areas so that he could hit the ground running once starting as a full-time attorney. Mr. Cooney brings a creative and detail-oriented approach to his work, shaped by his early interests in architecture and photography. He received a B.S. in Political Science from Texas A&M University and went on to receive a J.D. from South Texas College of Law Houston, where he graduated Summa Cum Laude and was his class’s valedictorian. During his time at South Texas, Mr. Cooney served as an Associate Editor of the South Texas Law Review, an Editor on the Construction Law Journal, and was actively involved in the Real Estate & Construction Law Society.
Jake Guarino
Attorney with Wilson Cribbs & Goren, in Houston, TXMr. Guarino’s work with the firm focuses on identifying, assessing and resolving a wide variety of land use and traditional commercial real estate matters across all asset types. Mr. Guarino earned his B.A. degree from Southern Methodist University and his J.D. degree from the University of Huston Law Center.
Omar Izfar
Attorney with Wilson Cribbs & Goren, in Houston, TXMr. Izfar represents private land owners and developers in navigating land use and zoning issues in connection with local regulation of commercial and industrial developments as well as master-planned communities. Previously, he was Assistant City Attorney for the City of Houston where his practice focused on land development regulations within the City of Houston and public-private partnerships. Mr. Izfar earned his B.A. degree from Emory University and his J.D. degree from the Rutgers-Camden School of Law.
Justin Pruitt
Attorney with Wilson Cribbs & Goren, in Houston, TXMr. Pruitt has exclusively represented cities in the Texas Panhandle and the Houston Metro Region on all matters of municipal law with an emphasis in land use and economic development. He has been the lead counsel for all land use issues in roles with cities and in private practice. Mr. Pruitt has been lead counsel for the creation and operation of tax increment reinvestment zones, public improvement districts, and economic development corporations. He has been directly involved with downtown revitalization initiatives in several cities and has provided guidance on the legal implications of such initiatives. Mr. Pruitt has an undergraduate degree from Texas Tech University, a master’s degree in Public Administration from the University of Texas at Arlington, and a law degree from Texas A&M University School of Law.
Reid Wilson
Chairman, Wilson Cribbs & Goren, in Houston, TXMr. Wilson is recognized as a preeminent Texas real estate and land use attorney. A Fellow of the American College of Real Estate Lawyers (ACREL), he is one of few practicing Texas real estate attorneys holding the Counselors of Real Estate (CRE) designation. Board-certified in commercial real estate law and property owners association law, he brings to his practice a long history of relationships and reputation with governmental and POA lawyers and officials throughout southeast Texas. As the chairman of Wilson Cribbs + Goren, he led the firm to become one of the go-to real estate boutiques in Texas. An adept critical thinker, problem-solver and creative strategist, as well as a skilled negotiator, Mr. Wilson advocates for the interests of a wide array of private and institutional clients, including residential, commercial and industrial developers, property owners, Fortune 500 companies, and other owners and operators. He also has unique knowledge of the laws on land use rights of religious organizations; specifically, the constitutional and statutory exceptions granted to them under state and federal law. Mr. Wilson’s practice involves a broad array of work related to both public and private land use regulations, such as deed restrictions (restrictive covenants), easements, development agreements, platting, economic development incentives, permitting and denial of permits, zoning, statutory vested rights, and traditional land use matters. As a trusted partner to his clients, he also counsels businesses proactively on land use and real estate matters to help avoid costly missteps before they occur. Mr. Wilson is past chair of the Real Estate, Probate and Trust Law (REPTL) Section of the State Bar of Texas, the second-oldest and largest section of the State Bar of Texas, with more than 9,200 members. He is a director of the Texas Real Estate and Probate Institute (T-REP), which reviews and lobbies changes to real estate and probate laws to keep them current and effective. A former District Council Chair of the Urban Land Institute’s Houston chapter, he has been a long-term contributor to the growth of that Council and is a long time full ULI member. Mr. Wilson has held the position of adjunct professor at the Jones Graduate School of Business at Rice University, teaching Real Estate and the Law and Best Practices in Real Estate Development. Recently, Texas Lawyer magazine selected him to receive its Lifetime Achievement Award, which recognizes lawyers who have made their mark on the state’s legal profession, and RED News named him a Real Estate Icon. As a leader of Wilson Cribbs + Goren, he leverages his extensive experience in land use and real estate law to mentor the firm’s attorneys.
AIA Info
HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (cesupport@aia.org or (800) AIA 3837, Option 3).
This learning program is registered with AIA/CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product.
AIA continuing education credit has been reviewed and approved by AIA/CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA/CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
Course Title: Texas Subdivision Law and Platting
Delivery Method: Live Online
Course Description: This 6.25-hour course examines Texas subdivision law and platting from the history and development of platting regulations through development agreements, platting requirements, plat enforcement, and exactions. This course also addresses water moratoriums, floodplain regulations, and highway rights-of-way, including the condemnation process, landowner rights, and the interaction between municipal and county authority in the extraterritorial jurisdiction.
Learning Objectives:
Learning Objective 1: Learners will be able to distinguish platting from zoning, and identify the regulatory authority of municipalities and counties under Texas Local Government Code Chapters 212 and 232.
Learning Objective 2: Learners will be able to evaluate development agreement provisions, draft key agreement terms, and identify common legal risks arising from overlapping municipal and county jurisdiction in the ETJ.
Learning Objective 3: Learners will be able to apply Texas platting requirements and assess the legal basis and constitutional limits of exactions and rough proportionality requirements.
Learning Objective 4: Learners will be able to identify floodplain regulations, water moratorium authority, and highway right-of-way requirements applicable to Texas subdivision projects, including FEMA flood program compliance, condemnation procedures, and landowner rights.
LUs: 6.25
LU Type: LU|HSWs
Prerequisites: None
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: Pending
Complaint Resolution Policy:
Complaints regarding this course can be emailed to lchapman@halfmoonseminars.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.