SB 339 Would Let Texas Counties Zone Your Land Near Water

Your county cannot zone your land today. SB 339 would let it, if the voters say yes. And once that door opens, a planning board draws the lines.

Plain English

On November 12, 2026, Sen. Campbell filed SB 339 in the Texas Senate. (FACT, SB 339 bill history)

The caption: "Relating to the authority of a county to regulate land use in certain areas in and around hydrologically sensitive areas." (FACT, SB 339 as filed)

Here is how it works.

Voters sign a petition. The bill sets the bar at 10 percent of the votes cast for governor in that county in the last governor's race. If the county clerk finds the petition valid, commissioners court must call an election on the next uniform election date that works. (FACT, SB 339, new Sec. 231.304 and 231.305)

If a majority votes yes, the county gets zoning and building power inside "protected areas" it designates. (FACT, Sec. 231.305 and 231.306)

What counts as a protected area

The bill lists aquifer recharge zones, floodplains, karst areas, riparian zones along creeks and rivers, "or other watershed." (FACT, Sec. 231.302)

A planning commission recommends the boundaries. The bill sets minimum buffers: the 100-year FEMA floodplain, at least 200 feet from a riparian zone, at least 300 feet from an aquifer recharge zone, at least 500 feet from a karst area. (FACT, Sec. 231.308)

What the county could regulate

Inside those lines, commissioners court could set rules on:

• Building height, stories and size
• How much of a lot you can cover
• Yard sizes and open space
• Population density
• Whether land is used for homes, business or industry
• Building construction standards

(FACT, Sec. 231.306(b))

The county could also demand a development plan when you plat land in a protected area. Breaking a county order could be a Class C misdemeanor, and the county attorney could sue to stop a violation. (FACT, Sec. 231.306(c) and 231.313)

There are limits. The county could not regulate utility facilities. It could not treat manufactured or industrialized housing built to state or federal code differently from a site-built house. (FACT, Sec. 231.306(d))

Landowners whose zoning would change, and neighbors within 500 feet, get mailed notice of a public hearing. The court can grant a hardship exception. (FACT, Sec. 231.309 and 231.311)

The bill would take effect September 1, 2027. (FACT, SB 339, Section 4)

Why it matters out here

The general rule in Texas is that counties do not have zoning power. Cities do. (DOCUMENTED INFERENCE, based on Local Government Code Chapter 231, which grants county zoning only in specific listed areas)

East Texas is river country. The Sabine. The Big Cypress. Creek bottoms all over Gregg, Harrison, Upshur and Marion counties. A 100-year floodplain plus a 200-foot creek buffer covers a lot of ground out here. (DOCUMENTED INFERENCE)

The bill is written for water. But read the list again. "Or other watershed." Every acre in Texas sits in a watershed.

The receipt

• SB 339 as filed
• SB 339 bill history

What Ryan says

I want clean water. Every family in East Texas on a well wants clean water. So do I. (RYAN STATEMENT)

I like that this bill puts it to a vote. Nobody gets zoned by surprise. The people decide first. That part is right. (RYAN STATEMENT)

Here is my problem. (RYAN STATEMENT)

After the vote, the voters are done. An appointed planning commission draws the map. The commissioners court writes the rules. A landowner gets a letter and a hearing. That is a lot of power over private land handed to people nobody elected to that board. (RYAN STATEMENT)

"Or other watershed" is too loose. If a bill is about aquifers and floodplains, say aquifers and floodplains. Do not leave a word that can stretch to cover the whole county. (RYAN STATEMENT)

And a Class C on your own land, for building a barn the wrong size, is not how East Texas does things. (RYAN STATEMENT)

If the goal is protecting water, I want to see it done with the tightest map possible, voters approving the map itself, and no criminal penalty for a property owner. Show me that version and we can talk. (RYAN STATEMENT)

What this does not prove

• It does not prove any East Texas county wants this. Nobody has to adopt it. It only applies where voters petition and approve it.
• It does not prove the bill will pass. It was filed today. No committee, no hearing, no vote.
• It does not prove anyone will be fined. The Class C only applies if a county order defines an offense.
• It does not prove how big any protected area would be. The planning commission recommends boundaries based on scientific input.

What it does prove

• A filed Senate bill would let Texas counties, after a local election, zone land in and around floodplains, creeks, aquifer recharge zones, karst and "other watershed."
• The rules could reach building size, density, land use and construction standards.
• An appointed planning commission recommends the lines.

The bottom line

Clean water matters. So does your deed.

If Austin wants counties to zone, the map should be tight, the voters should approve the lines, and nobody should face a misdemeanor for building on their own land.

Read the bill. It is short. Know what is in it before somebody hands you a petition.

Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name. Read it. Share it. Send receipts, evidence, witnesses. Put eyes on the record.