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Protest rights RE: Land Development Code Draft Zoning


The City of Austin is bringing CodeNEXT back from the dead. On October 4, 2019, local officials revealed their plan to rezone tens of thousands of homes throughout our community without providing adequate notice to their owners. Check the interactive map to see how your property is impacted.

YOU HAVE THE POWER TO FIGHT BACK! Texas law gives you the right to protest zoning changes affecting your property and properties near your residence. When you or your neighbors file a rezoning protest in connection with a piece of property, the City of Austin cannot rezone that property without approval by three-fourths of the city council.

Filing a rezoning protest is easy! Just fill out the form below and click the “submit” button. Community Not Commodity will send your rezoning protest to the City of Austin. Our legal team believes local officials will then be unable to rezone your property without a vote of three-fourths of the city council.

To protect your property from this year’s rezoning, make sure to file your rezoning protest as soon as possible, but no later than December 5, 2019.


Frequently Asked Questions


What is a rezoning protest?

The right to protest zoning changes is a longstanding provision within the Texas Local Government Code that is intended to protect the state’s property owners from unwanted rezoning by city governments. The right to file a rezoning protest balances society’s desire for development with the expectations individuals have regarding the use of their properties and those of their neighbors. They have been part of Texas law since 1927, and similar laws can be found in most other states. When a Texas property owner properly protests a proposed zoning change, that change must be approved by three quarters of the local governing body before it passes into law, rather than by a simple majority.


I have been told that I do not have the right to protest a rezoning like this one, where a local government is trying to change the zoning of an entire community at once. Is that true?

Not in our opinion. Texas law grants property owners the right to protest any zoning change, and there is no exception for the comprehensive rezoning of an entire city, as has been proposed by the City of Austin. Several court cases have also held that the right to protest zoning changes applies even when an entire city is rezoned at once. One thing is certain, though: If you fail to file a rezoning protest, you will lose your right to protest the City of Austin’s rezoning plan.


Why do I need to file my rezoning protest quickly?

In order for your rezoning protest to take effect, you must file it before the Austin City Council votes on its rezoning map. That vote is currently scheduled for December 12, 2019. We recommend you file your rezoning protest as soon as possible, but no later than one week prior to that council vote (December 5, 2019).


May I protest the rezoning by mail, rather than use this website?

Yes. Download and print this form, fill it out, sign it, and mail it to the City of Austin’s Planning and Zoning Department, 505 Barton Springs Road, Austin, TX 78704. Mail your rezoning protest as soon as possible, but no later than December 5, 2019. Your property address and signature are required.


My property is owned by more than one person. Do all of its owners need to file rezoning protests?

Not necessarily. If an individual who owns 20 percent or more of a property files a rezoning protest, that rezoning protest should be considered valid for the entire property.


May I protest the rezoning of more than one property that I own?

Yes. You may use this website to file rezoning protests for multiple properties. After you have filed your first rezoning protest, simply refresh the screen and repeat the process for additional properties. If you prefer to file by mail, you may download and print this form, fill it out, and mail it to the City of Austin’s Planning and Zoning Department, 505 Barton Springs Road, Austin, TX 78704. Mail your rezoning protests as soon as possible, but no later than December 5, 2019. Your property addresses and signature are required.


May I file a rezoning protest for a property I live near, but do not own?

Yes. You and/or your neighbors may protest the rezoning of a property within 200 feet of your own property. To do so, download and print this form, fill it out with the cooperation of at least 20 percent of the surrounding property owners by area, and mail it to the City of Austin’s Planning and Zoning Department, 505 Barton Springs Road, Austin, TX 78704. Mail your rezoning protest as soon as possible, but no later than December 5, 2019. Property addresses and signatures are required.

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