THE HOME BUILDER
December 2024
Page Two
The HomeFront Government Affairs News and Info
David Lehde Director of Government Affairs
‘Tis the Season for Advocacy
authority.
and associate members from across the state to voice our industry’s stance on housing related issues. As the session begins, there can be a litany of bills filed that impact home building. The Texas Association of Builders always does a great job ad - vocating for the industry. Our members have the opportunity to support that work by participating in Rally Day. The day begins with our attend- ees meeting at the bus for a beautiful morning drive to our State Capitol. Af - ter lunch nearby and a brief overview, we break into teams, each under the guide of an experienced captain, and cover more than 30 brief meetings with our service area’s state representatives and senators, or their appropriate leg- islative staff. Members board the bus and depart for home by late afternoon. Partnerships are available. For more information, contact the Director of Government Affairs.
dent-Elect did mention concern about how regulations are responsible for nearly a quarter of the cost of a new single-family home, and more than 40% of the cost for multifamily. And he indicated a desire to address that. If the attitude is one of deregulation, there could be moves that streamline the development permitting process. The issue of tariffs has also been mentioned. For years, NAHB has been leading the fight against lumber tariffs, due to the effect on housing affordability. And it is a safe bet they will be on the watch for any policy related to tariffs, labor, taxes, and anything else that impacts the ability to build the American dream. The incoming Administration gets sworn in during the designated January inauguration. And President Biden has assured a smooth transition, as our founding fathers envisioned. But this is December. Take a deep breath, go enjoy life and fellowship with others, and maybe turn off the news every now and then. The Dallas Builders Association takes this opportunity to thank our members for supporting our industry’s advocacy efforts this year. Thank You “We remain in Statu quo, and all unite in offering you, & yours, the compliments of the season; and the return of many, many more, and hap- py ones.” – Former President George Washington, in letter to Thomas Law, December 25, 1797.
Boundaries
A county’s authority on building setbacks is basically limited to public roads, including major highways and roads, per the Texas Local Govern - ment Code. Section 233.032 of the state statute allows the county to prohibit location of a new building in that setback, but it limits the extent of how those setbacks are drawn, with a designation of a major highway or road being the difference between 25 or 50 feet. The chapter also includes a limitation period should construction of the improvement or widening of the road not begin within four years of the line being established. The Dallas Builders Association has been monitoring issues related to lot widths in the unincorporated county. State law allows for a com - missioners court to adopt minimum lot frontages, but on existing county roads only, per the aforementioned code. Likewise, state statute restricts how a county may require right-of- way on a street or road. Ordinarily, the county is limited to requiring a maxi - mum of 100 feet of right-of-way for a road that functions as a main artery in a subdivision. Counties, however, may adopt a major thoroughfare plan that establishes a right-of-way up to 120 feet for major thoroughfares, but that is subject to rough proportionality. Advocacy Protects Those Boundaries The 89th session of the Texas Legislature begins in mid-January. It will be important that our state’s legislators understand the need for an environment that considers the economic benefit of housing. Rally Day, our big grassroots advocacy event, will be Feb. 11. This is the day that Dallas BA members will travel en masse to Austin to join fellow builders
From time to time, we like to remind our members of statutes that protect them from regulatory over - reach. Members who have questions about whether a municipal or county regulation is in keeping with the fol - lowing are encouraged to contact the Dallas Builders Association. In 2019, the legislature deemed it important to prevent practices that restrict property rights, limit con - sumer choice, and impact the ability of Texans to access quality homes by approving HB 2439. The legislation enacted Chapter 3000 of Texas’ Gov - ernment Code. The statute does not allow regu- lations that prohibit or limit, directly or indirectly, the use or installation of building products otherwise approved for use in the last three cycles of the national code. This includes the con - struction, renovation, maintenance or other alteration of a residential or com - mercial building. This also includes the prohibition of design standards for residential structures that contain required percentages of categorized exterior materials for both single- and multifamily residential structures. The statute does include limited and specific exemptions based on certi - fied historical preservation or desig - nated districts of historical, cultural, and/or architectural significance that were enacted prior to April 1, 2019. As property owners in the unin- corporated parts of the county have begun to exercise their right to benefit from their property, it is still a matter of needing to place the appropriate amount of homes in the development to keep housing attainable for incom - ing residents. Lot widths and setbacks can be topics that can arise, and state law sets parameters regarding county
Take a Deep Breath
So, we had an election. What
now?
With the result of the general election, the natural reaction is to wonder what potential impact the in - coming Administration’s policies will have on home building. As for what we can anticipate that all depends on any plans President-Elect Trump rolls out, so for now, it is somewhat of an open conversation. Rest assured that NAHB is already working to make your voice heard. During his campaign, the Presi -
The Home Builder is published monthly by the Dallas Builders Association at 5816 W. Plano Pkwy., Plano, Texas 75093. Telephone 972-931-4840. BARCIE VILCHES, Editor
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