Section 397A.051 - Applicability(a) A regulation or compatible development standard adopted under this subchapter does not apply to:(1) a tract of land used for a single-family residence that is located outside the boundaries of a platted subdivision;(2) a tract of land in agricultural use;(3) an activity or a structure or appurtenance on a tract of land in agricultural use; or(4) an area designated as part of the commission's territory under Section 397A.052 that is subject to the jurisdiction of a regulatory agency as defined by Section 245.001, and that, on the effective date of the Act adding this chapter, is: (A) within the boundaries of a project as defined by Section 245.001 and any revision to the project that has accrued rights under Chapter 245;(B) the subject of a permit as defined by Section 245.001 issued by or a permit application filed with a regulatory agency as defined by Section 245.001; or(C) subject to a plan for development or plat application filed with a regulatory agency as defined by Section 245.001.(b) In this section: (1) "Agricultural use" means use or activity involving agriculture.(2) "Agriculture" means:(A) cultivating the soil to produce crops for human food, animal feed, seed for planting, or the production of fibers;(B) practicing floriculture, viticulture, silviculture, or horticulture;(C) raising, feeding, or keeping animals for breeding purposes or for the production of food, fiber, leather, pelts, or other tangible products having commercial value;(D) planting cover crops, including cover crops cultivated for transplantation, or leaving land idle for the purpose of participating in a government program or normal crop or livestock rotation procedure; or(E) engaging in wildlife management.(c) A term used in this subchapter that is defined or used in Chapter 245 has the meaning assigned by Chapter 245.Tex. Loc. Gov't. Code § 397A.051
Added by Acts 2009, 81st Leg., R.S., Ch. 1320, Sec. 3, eff. 6/19/2009.