A few years ago the city of CS had a minimum requirement of 1 acre to build a residence if city sewer was not available. A buddy told me last week that it was changed to 2 acres at some point. When did that happen?

Never mind. Found it.

I was told that there is a state law that says that a city must either provide you with sewer connections or allow you to install your own septic system, even if the lot is smaller than local ordinance allows. Is this true?

I have never heard of that state law.

Roger. I should also clarify that this was in the context of properties that are within the city limits of a city.

Keep in mind, lots that were formed prior to the current requirement are grandfathered. I have some 1/3 acre lots in College Station that still qualify for septic because they were divided 40 years ago.

So what if you have a lot under the minimum 2 acres and city sewer is not available?

htxag09 said:

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So what if you have a lot under the minimum 2 acres and city sewer is not available?

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That's pretty much what my friend is running into. He doesn't believe the city is going to grant a building permit due to size of lot.

oklaunion said:

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htxag09 said:

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So what if you have a lot under the minimum 2 acres and city sewer is not available?

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That's pretty much what my friend is running into. He doesn't believe the city is going to grant a building permit due to size of lot.

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When was the lot formed? In theory, if the correct process was followed at the time it was divided, then it should meet the requirement that was in place at that time, and should qualify to be grandfathered.

If they still give you a hard time, get a lawyer.

Red Pear Realty said:

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I was told that there is a state law that says that a city must either provide you with sewer connections or allow you to install your own septic system, even if the lot is smaller than local ordinance allows. Is this true?

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There is. It isn't as straight forward as that though. I haven't ever personally been apart of one of these, but I believe if they can't or won't provide sewer connection they are required to support your request to TCEQ for a lot size variance.

I probably butchered that explanation, but you are correct, Red Pear.

Thanks for the info! Good to know for future reference.

When was the lot formed? In theory, if the correct process was followed at the time it was divided, then it should meet the requirement that was in place at that time, and should qualify to be grandfathered.

CS78, I don't know when it was divided but after speaking with him yesterday, the place is in one of the
newer Wellborn Estate designations or something like that which was established after Wellborn was invaded and annexed. He purchased it after that. It is not in an HOA.
The messed up part is that he was told there was a sewer line running along the back of the property by the real estate guy. Wrong. He didn't do his due diligence and check it before cash was swapped. Afterwards, he complained to the real estate company and they said there was a sewer trunk line within a couple of hundred yards and he could tie onto it. Except there are 3 properties between him and it and there are no easements to get to it.
I ran into a similar situation a few years back when attempting to purchase a 9 acre lot in town. Two separate agents told me there was sewer on site. There was an old septic field.