Entitlement guide

Platting and legal lots.

A parcel with a tax ID is not always a lot you can build on. In much of Central Texas, the first real question is whether the land was legally divided.

The short answer

In Texas, dividing land into lots generally requires a plat approved by the city, for land inside city limits or the ETJ, or by the county for unincorporated land. Cities work under Chapter 212 of the Local Government Code. Counties work under Chapter 232.

Many tracts in fast-growing counties were split by deed alone. The appraisal district gives each piece an ID, but that does not make it a legal lot. Without one, a city can refuse permits and, inside a city or its ETJ, a utility may be barred from connecting service.

Fixing it usually means a plat or a replat. That brings the site under current platting rules, which can include right-of-way dedications, road reservations and utility easements.

What VALITER checks
  • Recorded plats and the chain of deeds that created the tract
  • Whether a platting exception could apply
  • Which platting authority reviews the site
  • Thoroughfare plans and road reservations along the frontage
  • Plat notes, building lines and easements already recorded

Why it can stop a deal

Where projects get caught.

The lot was never legally created

A deed-only split can leave a tract that cannot get a permit or a utility connection until it is platted.

The replat brings new requirements

A new plat is reviewed under current rules. Thoroughfare plans can require land for a future road along your frontage, which moves the building and the driveway.

Plat notes travel with the land

Recorded plats carry building lines, easements and notes such as no further subdivision. A replat generally cannot remove a private covenant.

How it works

How it usually works in Central Texas.

Rules differ by city, county and utility, and they change. Treat this as orientation and confirm with the approving authority.

When a plat is required

A plat is generally required when land is divided into two or more parts to lay out lots, streets or other parts intended for public use. State law has exceptions, for example some divisions into larger tracts with access and no new public improvements, and agricultural use in certain cases. The exceptions are narrow and the details differ between cities and counties, so we check which test applies.

Legal lot status

We trace how the tract was created. A recorded plat is the clearest evidence. A deed-only split may be legal if it was created before platting rules applied or if an exception covered it. Many cities issue a legal lot determination or plat certificate on request. Where we cannot confirm status from records, the finding is Unknown, with the steps to resolve it.

Replats and amending plats

Combining or reconfiguring lots usually means a replat or an amending plat. Replats can require notice to nearby owners in some cases. A replat is reviewed against current standards, and it is often where a road reservation, sidewalk or drainage requirement first appears.

Who approves

Inside city limits and the ETJ, the city planning commission or staff approves plats, depending on the type. On unincorporated land, the county commissioners court generally approves plats. Some areas have a combined city and county office. State law sets review deadlines once an application is complete, and many applicants use pre-application meetings to avoid resubmittals.

Who decides

The people and offices involved.

WhoWhat they decide
City planning commission or staffPlats and replats inside city limits and the ETJ
County commissioners courtPlats on unincorporated land
County or city engineerRoad, drainage and easement requirements on the plat
Your surveyorThe boundary, the plat drawing and the legal description
Questions to ask early
  • Was this tract created by a recorded plat or by deed?
  • Does the city or county consider it a legal lot today?
  • Will combining or splitting it require a replat?
  • Does a thoroughfare plan show a future road along the frontage?
  • What notes and building lines are already on the recorded plat?

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