Tex. Local Gov't Code Section 231.040
Conflict with Other Laws; Exceptions


(a)

If a zoning regulation adopted under this subchapter requires a greater width or size of a yard, court, or other open space, requires a lower building height or fewer number of stories for a building, requires a greater percentage of a lot to be left unoccupied, or otherwise imposes higher standards than those required under another statute or local order or regulation, the regulation adopted under this subchapter controls. If the other statute or local order or regulation imposes higher standards, that statute, order, or regulation controls.

(b)

This subchapter does not authorize the commissioners court to require the removal or destruction of property that exists at the time the court implements this subchapter or to restrict the right of a landowner, acting in the owner’s behalf, to construct improvements for agricultural purposes or to otherwise use the land for agricultural purposes except the commissioners court may take those actions to restrict or prohibit any commercial agricultural enterprise such as a feed lot.

(c)

This subchapter, an order adopted under this subchapter, or a zoning regulation does not apply to the location, construction, maintenance, or use of central office buildings or equipment used by a person engaged in providing telephone service to the public.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Source: Section 231.040 — Conflict with Other Laws; Exceptions, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­231.­htm#231.­040 (accessed Jun. 5, 2024).

231.001
Adoption of Regulation or Boundary Includes Amendment or Other Change
231.011
Legislative Findings
231.012
Areas Subject to Regulation
231.013
Zoning Regulations Generally
231.014
Compliance with Comprehensive Plan
231.015
Districts
231.016
Procedures Governing Adoption of Regulations and District Boundaries
231.017
Zoning Commission
231.018
Board of Adjustment
231.019
Authority of Board
231.020
Appeal to Board
231.021
Judicial Review of Board Decision
231.022
Enforcement
231.023
Conflict with Other Laws
231.031
Legislative Findings
231.032
Areas Subject to Regulation
231.033
Zoning Regulations Generally
231.034
Compliance with Comprehensive Plan
231.035
Districts
231.036
Zoning Commission
231.037
Procedure Governing Adoption of Regulations and District Boundaries
231.038
Special Exception
231.039
Enforcement
231.040
Conflict with Other Laws
231.051
Definition
231.052
Establishment of Military Zone
231.053
Regulations
231.054
Penalty
231.071
Purpose
231.072
Definitions
231.073
Lake Covered by Subchapter
231.074
Zoning and Building Construction Ordinances
231.075
Local Option Election
231.076
Petition
231.077
Lake Planning Commission
231.078
Commission Duties
231.079
Commission Studies
231.080
Adoption of Ordinance After Receipt of Report
231.081
Special Exceptions
231.082
Conflict with Other Action
231.083
Enforcement
231.101
Legislative Findings
231.102
Definition
231.103
Lakes Covered by Subchapter
231.104
Zoning and Building Construction Ordinances
231.105
Local Option Election
231.106
Petition
231.107
Lake Planning Commission
231.108
Commission Duties
231.109
Commission Studies
231.110
Adoption of Ordinance After Receipt of Report
231.111
Special Exceptions
231.112
Conflict Between Ordinances
231.113
Enforcement
231.131
Legislative Findings
231.132
Areas Subject to Regulation
231.133
Zoning Regulations Generally
231.134
Compliance with Comprehensive Plan
231.135
Districts
231.136
Zoning Commission
231.137
Procedure Governing Adoption of Regulations and District Boundaries
231.138
Special Exception
231.139
Enforcement
231.140
Conflict with Other Laws
231.141
Regulation of Sam Wahl Recreation Area
231.171
Legislative Findings
231.172
Area Subject to Regulation
231.173
Zoning and Other Regulations Generally
231.174
Compliance with Comprehensive Plan
231.175
Districts
231.176
Commission
231.177
Procedures Governing Adoption of Regulations and District Boundaries
231.178
Board of Adjustment
231.179
Authority of Board
231.180
Appeal to Board
231.181
Judicial Review of Board Decision
231.182
Enforcement
231.183
Conflict with Other Laws
231.201
Definitions
231.202
Lake Somerville Planning Commission
231.203
Commission Studies
231.221
Legislative Findings
231.222
Areas Subject to Regulation
231.223
Development Regulations Generally
231.224
Compliance with County Plan
231.225
Districts
231.226
Procedure Governing Adoption of Regulations and District Boundaries
231.227
Development Commission
231.228
Special Exception
231.229
Enforcement
231.230
Cooperation with Municipalities
231.231
Conflict with Other Laws
231.251
Legislative Findings
231.252
Areas Subject to Regulation
231.253
Falcon Lake Planning Commission
231.254
Commission Study and Report
231.255
Zoning Regulations
231.256
Districts
231.257
Enforcement
231.281
Definitions
231.282
Certain Zoning Regulations Prohibited
231.283
Action for Nuisance or Other Tort

Accessed:
Jun. 5, 2024

§ 231.040’s source at texas​.gov