§ 30-1-92. DISCRETIONARY AUTHORITY.

(A)

In this section, "discretionary authority" means the authority to make a discretionary determination relating to a subdivision variance or waiver. The term excludes final approval of a preliminary plan or final plat.

(B)

This section allocates discretionary authority between the city and county.

(C)

Except as provided in Subsection (D), discretionary authority is exercised by the platting board or the platting official.

(1)

The platting board is:

(a)

for the city, the land use commission; and

(b)

for the county, the commissioners court.

(2)

The platting official is:

(a)

for the city, the director; and

(b)

for the county, the county executive.

(D)

The commissioners court may exercise authority allocated to the county's platting official.

(E)

Except as provided in Subsections (G) and (H), the city has all discretionary authority in a near-term annexation area.

(F)

Except as provided in Subsections (G) and (H), outside a near-term annexation area:

(1)

the county has discretionary authority over issues relating to transportation, floodplain management, or stormwater conveyance;

(2)

the city has discretionary authority over issues relating to:

(a)

water, wastewater, electric, and telecommunication utilities;

(b)

the environment, including stormwater quality controls; or

(c)

Austin - Bergstrom International Airport; and

(3)

for all other issues, the single office shall determine whether the city or the county has discretionary authority.

(G)

If a parcel of land is excepted or exempted from the city requirement to plat by Chapter 30-2, Article 1 (Subdivision Compliance) but is subject to the county requirement to plat, the county platting official and county platting board exercise all discretionary authority.

(H)

If a parcel of land is excepted or exempted from the county requirement to plat by Chapter 30-2, Article 1 (Subdivision Compliance) but is subject to the city requirement to plat, the city platting official and city platting board exercise all discretionary authority.

Source: City/County subdivision agreement; Ord. 031211-11; Ord. 031211-42; Ord. 20120524-130.