Tex. Codes » Local Government Code · TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES · SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY · CHAPTER 211. MUNICIPAL ZONING AUTHORITY
Texas Codes

Tex. Loc. Gov't Code § 211.010 (2026)

Appeal To Board

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 211.010. APPEAL TO BOARD. (a) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is not related to a specific application, address, or project:

(1) a person aggrieved by the decision; or

(2) any officer, department, board, or bureau of the municipality affected by the decision.

(a-1) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official that is related to a specific application, address, or project:

(1) a person who:

(A) filed the application that is the subject of the decision;

(B) is the owner or representative of the owner of the property that is the subject of the decision; or

(C) is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or

(2) any officer, department, board, or bureau of the municipality affected by the decision.

(b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed not later than the 20th day after the date the decision is made. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(d) The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed.

(e) A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 2, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 820 (H.B. 2497), Sec. 2, eff. September 1, 2019.

Notes of Decisions
Cited in 4 cases, 2008–2010 · leading case: in Re Bastrop Cnty., Texas (Tex. App. 2009).
Sort: Relevance Newest Treatment
in Re Bastrop Cnty., Texas (Tex. App. 2009). · cites it 3× “307 (West 2006) (provisions related to appeals available at various levels generally say that aggrieved person "may appeal" to next level in process); Tex. Loc. Gov't Code Ann. §§ 211.010 (a), .”
in Re Bastrop Cnty., Texas (Tex. App. 2009). · cites it 3× “307 (West 2006) (provisions related to appeals available at various levels generally say that aggrieved person "may appeal" to next level in process); Tex. Loc. Gov't Code Ann. §§ 211.010 (a), .”
Sarah Horton v. City of Smithville, Texas (Tex. App. 2008). “" Tex. Loc. Gov't Code Ann. § 211.010 (a) (emphasis added).”
Sea Mist Council of Owners v. the Bd. of Adjustments for the Town of South Padre Island Texas & the Town of South Padre Island, Texas, Palms Inv. Grp., Ltd. & Prm Mgmt. Co. (Tex. App. 2010). “See Tex. Loc. Gov't Code Ann. § 211.010 (b). However, we agree with the trial court's determination that a delay of more than six-months from the issuance of the building permit and more than four months from the issuance of the occupancy permit is unreasonable as a matter of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.