What is a legal lot determination or a land status report?

A land status determination is used to assess the legal status of a specified tract of land, in accordance with state law. This is more commonly referred to as "the legal lot process." A grandfather date is obtained which determines whether or not a parcel of land is eligible for extension of utility services or issuance of a building permit without being required to go through the City's subdivision platting process. State law, Chapter 212, Texas Local Government Code, prohibits utility service to tracts of land that have not been properly subdivided. There is a $165 fee to make this determination. Contact the Development Assistance Center at 974-6370 for more information. It is essential to have a copy of the current deed and to know the date the tract was filed for record or conveyed in its present form for the first time.

What department and division should I first inquire with for obtaining a building permit?

Department of Watershed Protection and Development Review, Division: Development Assistant Center (DAC), 974-6370.

What is full purpose annexation?

Full purpose annexation provides full City services and assess taxes. It extends City ordinances and regulations. Its residents vote in all City elections, and extends the ETJ.

What is limited purpose annexation? Limited purpose annexation extends the City's ordinances and regulations. It assesses no taxes and does not require the City to provide services. Residents in this area may vote in City Council and Charter elections. Areas annexed for limited purposes must convert to full purpose after three years.

What are permitting requirements relative to City of Austin jurisdiction?

Inside the City Limits (full purpose annexation) Zoning, Subdivision, Site plan, Building, Trade and Concrete permits required.

If your property is totally within the City of Austin and you are erecting, constructing, enlarging, altering, repairing, improving, removing, converting, moving, demolishing any building or structure, you are required to obtain a City of Austin Building Permit and a site plan approval or site plan exemption. Depending on the extent of your work, you may be required to obtain one or more of the following permits

• Building
• Electrical
• Mechanical (heating/air conditioning)
• Plumbing
• Concrete
• Development

Inside the City Limits (limited purpose annexation) The same rules above apply to requirements for building permits and site plan and/or development permit approvals and exemptions for the City. City of Austin plumbing, electrical, concrete and mechanical permits are required. In addition to the City permits, Travis County requires development permits, building permits and driveway permits.
Extra-territorial Jurisdiction (not limited purpose annexation The extra-territorial jurisdiction (ETJ) is that area extending five miles outside the City of Austin corporate limits. All development in the ETJ is required to obtain site plan (development permit) approvals or site plan exemptions from the City. In addition, plumbing and/or electrical permits may be required if the project is served by City utilities (ETJ fees will be assessed in addition to the permit fees). Development and driveway permits are required by Travis County and Hays County.

All areas inside the city limits and /or ETJ other commonly required approvals

• Austin/Travis County Health Department permits, if the project needs a septic system or if it is a sanitary land fill or salvage yard. LCRA has jurisdiction for permits for septic tanks adjacent to Lake Travis.
• US Fish and Wildlife Service permits for endangered species habitats
• Texas Water Commission permit for projects over the Edwards Aquifer
• Texas Parks and Wildlife Department, Corps of Engineers approval for drainage modifications
• Call the Planning and Environmental and Conservation Services Department for other requirements at 974-2380. Projects involving single family boat docks, earthwork, site clearing, utilities, and street and drainage improvements require a site plan (development permit) or site plan exemption. Boat docks also require building and electrical (if lighted) permits along Lake Austin.

Who do I call to find out if a certain property is in the ETJ or in the Austin City Limit?

You can go to the Development Process Web site and click on the link to “Enhanced Map (GIS) Viewer" which is at this link. This will get you to a mapping system that has a variety of information. Please read the help(?) files to understand how it works. If you have difficulty, contact our Tech Support at 512-974-1872 or 512-974-4357.

Do I need a permit for an accessory or portable building?

Any residential accessory building larger than 200 square feet will require a building plan review and permit. Regardless of size, any electrical, plumbing or mechanical work will require a permit and all building locations must honor zoning and subdivision set backs.

In SF-3 zoned property, 25-2-555 states that “The rear yard setback is five feet for an accessory building that is not more than one story or 15 feet in height."

You can find the basic zoning setbacks at this link.

Contact the Zoning Review Division, 512-974-2380 for more information. They are located on the 5th floor One Texas Center, 505 Barton Springs Road. The Permit Center, 512-974-2747 is located on the 3rd floor of the same building.

Do I need a permit for a fence?

Any fence 6 feet in height or less does not require a permit. You must put it on your property. Taller than that, contact the Zoning Review Division, 974-2380 for more information. Please see the copy of the code section 25-2-899 relating to fences.

Can I have a business at home?

It all depends. Please see copy of code to determine your status.

How can I research building plan and permit information?

This link is to our interactive plan and permit database. You can query by address or date range. Link to Pierivr

This link is to a spreadsheet that has all of the permits issued and can be sorted by type etc.

I am looking at a piece of property and I understand that it may be in the floodplain. Is it in the floodplain and if so, what can I build there?

The Land Development Code has restrictions about constructing buildings or parking areas that encroach into the 25 year and 100 year floodplains. Please see the Land Development Code 25-7-92,93,94,95 and 96 for additional information. Because the floodplain maps are approximate, the first step is to determine the floodplain elevations on the property you are looking at. This is done by filling out a Floodplain Development Information Form and sending it to the Watershed Protection and Development Review Department Floodplain Office. Once the form is received, it will be completed and forwarded back to you with the floodplain elevations for both the 25 and 100 year floodplains. Once this information is received, the elevations can be compared against the topographic elevations on the property to more accurately determine where the floodplain is located. This can be done initially by obtaining aerial topography from the Geographical Information System (GIS). Sometimes, additional on-the-ground survey will be required to more precisely determine where the floodplain is located. Once the floodplain location has been determined, the development potential of the property can then be determined. Please contact the Development Assistance Center 512-974-6370, for any questions regarding of the development potential of the property.

Do I need a business license?

The City of Austin does not require a business license unless it involves taxi’s or other specialized activities. These can be found in title VIII of the city code, Volume I.

To find City Code.

When you get there, if you choose the frame version when you get there, the Table of Contents (TOC) is in the left frame. The TOC will expand wherever you click the (+) signs in front of it. When you get to a section you are interested in click on it and the text will show in the right frame.

You can search from the “Quick Search” box at the top or more complex searches from the “Search Form” tab or “Advanced Search” box. You can also download chapters of the code from the “Tools” box.

If you are considering a business in the home be aware that there are regulations governing that. Please see home occupations