County closer to approving regulations
Austin County Commissioners Court inched closer to giving a final approval to subdivision regulations for Austin County during its April 12 regular meeting.
Commissioner Bobby Rinn commented that the subdivision regulations had been approved and sent to legal.
“I just have concerns with the revisions that we had and after they were approved (it was said), we would continue with the revisions. I found out that we were not, so I just kind of wanted to see where we were going to go with the subdivision (regulations) at this time,” Rinn said.
County Judge Tim Lapham said the individual that was planning on reviewing the subdivision regulations did not want to use a template and wanted to review the regulations.
“He did not really have a cost to it. I was kind of leery and he wanted a firm direction to keep going or to stop. I told him for the time being to stop and sit tight. I did not want to give him an open ended time and money without court action,” Lapham said.
Rinn said the lawyer reviewing the regulations said that using a template would be less time-consuming.
“Because of all the things that needed to change with all of the 2019 legislature changes,” Rinn said.
Commissioner Mark Lamp said his biggest concern is the Texas Commission on Environmental Quality.
“If we did anything, I would want TCEQ to come in and give their opinion on what we can or cannot do when it comes to subdivision rules. The opinion of the lawyer and the opinion of us is fine and dandy but we still got to be to the regulations of the state,” Lamp said.
Lamp responded to Rinn and said they could not sit and do nothing regarding subdivision regulations.
“This county is growing and we have to have something in the works right now,” Lamp said. “My point is that we have to have a working document that we can go ahead and at least have something better than we had before.”
Lamp noted that anyone requesting a variance from the subdivision regulations can always come to court and request one.
“I understand that you wanted it cut and dry but I think that the way properties are put together and people build subdivisions, there will always be something that we have to change. This is the best guidelines that we can put on the table right now, better than the one we had previously,” Lamp said.
Rinn responded by saying that the regulations are only good if they have the authority to do it.
“Everything that I have found out from legal is that we do not have that authority,” Rinn said.
Commissioner Chip Reed said that the last time they had discussed this, they said they would talk to legal.
“You have talked to them but you do know what you are going to get charged for is what the problem is right,” Reed said.
Rinn said at that time they had let the review from legal continue.
“When the judge had a conversation, it kind of changed because he did not have a template,” Rinn said. “What we are trying to do needs to go under the septic ordinance. That is a separate deal.”
Lapham said they need to review the septic ordinance and leave the subdivision regulations alone until they get the septic ordinance checked.
“That is how I feel and then we do our revision with legal with the 2019 (legislature changes),” Reed said.
Reed said the process with neighboring counties had sent a letter to TCEQ put together by their environmental department.
“TCEQ looks over it and votes on it. They are actually the ones that put that in place. Then it comes back to commissioners court and (we would) get to approve if (we) want to put it in place or not,” Rinn said.
Rinn said he would like to look back on the reports and complaints and talk to TCEQ regarding those.
Lapham said he would contact TCEQ and report back to court at the next meeting, April 26.