Quick Answer
Texas HB 3167 introduced two major changes to the Texas land development application process. First, there is now a 30 calendar day deadline for all approvals, giving municipalities a defined window to act on submitted applications. Second, certain project types now require a project assessment and specific prerequisites to be completed before a formal application can be submitted. Knowing which category your project falls into before you engage your engineering team prevents the most common source of application delay: submitting before prerequisites are satisfied.
The Two Key Changes Under HB 3167
1. A 30 calendar day deadline for all approvals. Under HB 3167, municipalities must act on a complete subdivision application within 30 calendar days of submission. This gives Texas developers a defined timeline expectation for the approval process. The 30-day clock starts only when the application is complete, which makes ensuring your submittal package is correct and complete on day one more important than ever. An incomplete application resets the clock.
2. Project assessments and prerequisites are now required before formal submission. Certain project types require a project assessment and defined prerequisite approvals before a formal application can be accepted. Skipping this step does not accelerate the process. It delays it, because an application submitted without completed prerequisites will not be accepted as complete and the 30-day timeline will not begin.
What Is a Project Assessment and When Is It Required
A project assessment is a pre-application review required for projects that involve specific regulatory triggers. It is not optional for the project types listed below. A project assessment must be completed before a formal subdivision application is submitted when the project involves any of the following:
- Regional Stormwater Management Program participation
- Alternative equivalent compliance for water quality
- SOS limited adjustments
- Redevelopment exceptions
- Floodplain variances (administrative and Council approval)
- Floodplain delineation when doing a study or not using City delineation
- Condition Letter of Map Revision and Letters of Map Revision
- Variances from Land Development Code requirements
- Waivers and administrative variances from criteria (discretionary)
- Use of non-standard legal documents
- Real estate applications (easement ROW vacations, encroachment agreements, license agreements)
- Parkland Chapter 26
- Cottage, Urban, or Small lots in city limits that require an AMOC for Fire Department approval
- Non-standard construction in the ROW
If your project touches any of these categories, your engineering team needs to complete the project assessment before the formal application clock starts. MES evaluates which triggers apply to a project during the initial feasibility review so that the assessment and prerequisites are completed on the correct sequence without adding time to the overall development schedule.
Prerequisites: What They Are and Why They Matter
Prerequisites are specific approvals that must be obtained before a formal land development application can be submitted. Unlike the project assessment, which is a review, prerequisites are actual approvals from specific agencies or departments that your project must secure in advance.
The prerequisite requirements vary by project type and location. Common prerequisite triggers for Texas development projects include utility availability confirmations, ETJ agreements, environmental clearances, and agency-specific coordination requirements. Understanding which prerequisites apply to your specific project and jurisdiction before the application is prepared is what keeps the submission timeline intact.
For projects in Austin and surrounding Central Texas jurisdictions, the City of Austin’s Development Services Department website provides the current prerequisite list by project type. For projects in other Texas jurisdictions, the applicable municipality’s development review process governs. MES confirms prerequisite requirements as part of the initial project scoping work so that clients are not discovering missing prerequisites after they have already invested in application preparation.
How This Affects Your Development Timeline
The practical impact of HB 3167 on Texas development timelines depends on whether the project requires a project assessment and prerequisites or can proceed directly to formal application.
Projects that do not trigger any project assessment requirements can move directly to formal application submission, with the 30-day approval clock starting on the date of a complete submission. For straightforward residential or commercial developments without special circumstances, HB 3167 provides a clear, predictable timeline.
Projects that trigger project assessment requirements add the assessment and prerequisite completion time to the front of the process. The assessment itself takes time, and prerequisites may require coordination with multiple agencies before they are satisfied. Developers who discover these requirements after they expected to submit are the ones who absorb the schedule impact most painfully. Identifying triggers during due diligence and before application preparation begins is what protects the development schedule.
Frequently Asked Questions
Does the 30-day deadline apply to all Texas municipalities?
HB 3167 applies statewide to municipalities that process subdivision applications. The 30-day deadline governs the municipality’s obligation to act on a complete application. The key word is complete: an application that is missing required documents, prerequisite approvals, or project assessment completion does not trigger the 30-day clock. Ensuring your submittal is complete on day one is the only way to hold the municipality to the statutory deadline.
Who determines whether a project assessment is required?
The applicable triggers are defined in the local land development code and the HB 3167 framework. For Austin projects, Development Services staff confirm assessment requirements during pre-application meetings. For projects in other Texas jurisdictions, the development review staff at the applicable municipality make that determination. A licensed professional engineer with Texas land development experience can identify likely triggers based on the project program before a pre-application meeting is scheduled, saving time and preventing surprises.
Can MES help determine which prerequisites apply to my Texas development project?
Yes. MES evaluates prerequisite and project assessment requirements as part of the initial project scoping process for Texas development projects. Identifying these requirements before application preparation begins is the most cost-effective point in the process to address them.
Working on a Texas Development and Need Help Navigating the Application Process?
Modern Engineering Solutions works with Texas developers to identify project assessment triggers, satisfy prerequisites, and prepare complete land development applications that start the 30-day clock on the first submission.
We specialize in:
- Texas land development application preparation and project assessment evaluation
- Prerequisite identification and coordination for Austin and other Texas jurisdictions
- Subdivision design and civil engineering for Texas residential and commercial projects
- Utility feasibility analysis during land due diligence
- Wastewater permitting coordination: 210E, TLAP, and TPDES pathways
Modern Engineering Solutions, McKinney, Texas. Contact: (214) 833-6748 or mod-eng.com
