Texas Law Could Limit Local Control Over Zoning

In a twist to the typical state preemption versus local control debate over zoning, Texas state legislators are looking to take decisionmaking power away from Dallas officials, who are proposing some significant revisions to the city’s land use plan that include encouraging ‘missing middle housing’ and ‘gentle density’ increases to boost the city’s housing supply.

As Bethany Erickson explains in D Magazine, “ForwardDallas, the city’s not-yet-adopted plan, would only inform the city’s land use and zoning in the future. A great deal of concern around single-family neighborhoods centers on where and how to allow for more density—specifically middle or ‘gentle’ density like triplexes, duplexes, and the like.”

A bill passed in the state legislature, House Bill 2127, limits cities’ ability to enact zoning rules stricter than the state. “Several cities have sued, and a judge ruled it unconstitutional, but state law allows it to continue as it makes its way through the appellate courts.” If the bill is upheld, it would prevent Dallas from making some of the changes proposed in the plan.