Editor's Note: Originally Posted on Sierra Club Alamo Website.
A bill filed by Senator Donna Campbell would allow developers to clear-cut trees and ignore San Antonio's Aquifer Protection Ordinance. Senate Bill 2078 says that cities cannot regulate an "activity or structure that is regulated by this State".
Campbell's bill would apply to San Antonio's extra-territorial jurisdiction (ETJ), which is the 410,000 acre area surrounding the city limits (see drawing below). Should the bill pass, our tree and aquifer protection ordinances would be nullified in that area.
There is a Lot at Stake
Campbell's bill would let developers clear-cut trees, even giant heritage oaks, anywhere in the ETJ. Since the vast majority of property inside San Antonio's (CoSA's) city limits is already developed, the ETJ is where nearly all development of raw, natural land occurs. In other words, if this bill passes, CoSA's tree ordinance will be all but worthless.
In addition, developers could ignore the 15% impervious cover limit prescribed by the Aquifer Protection Ordinance, as well as protections for creeks, caves and recharge features. There are approximately 46,000 acres of recharge zone in the ETJ. While some of that land is already developed, there are still thousands of acres of natural land available for future housing subdivisions and commercial buildings.
Unforeseen Consequences are Likely
Because Texas has many regulations on "activities and structures", the entirety of potential impacts is unknown at this time. What we do know is that Texas began regulating tree removal in 2017, when a bill was passed to limit municipal tree ordinances. In addition, development over the aquifer recharge zone is regulated by TCEQ.
Furthermore, this bill essentially gives the politicians in Austin control over cities' ETJs. In the future, any new state regulation they pass could automatically nullify an existing city regulation.
Note that there is a companion bill that was filed in the House by Representative John Kuempel of Seguin.
Peddling a Myth
Campbell's bill is founded on the premise that, because residents in the ETJ cannot vote in city elections, they shouldn't be regulated. Before you fall for this argument, consider the following:
- San Antonio’s tree and aquifer protection ordinances apply only to developers/builders. Other landowners in the ETJ are, in general, free to ignore them.
- Bexar, Comal and Medina County residents are represented by their elected County Commissioners. These same commissioners signed an agreement allowing CoSA to regulate development in its ETJ. So the "regulation without representation" mantra is a myth.
- The developers from California, Michigan and Dallas, who are clear-cutting and paving over San Antonio’s ETJ, don’t live there or in the city. So they aren't entitled to vote in City elections anyway.
- Landowners in the ETJ don’t pay city taxes.
- Developers are well-represented by lobbyists at City Hall, and by their advocates who serve on the Planning and Zoning Commissions.
- The committee that writes San Antonio’s land development codes, the Technical Advisory Committee, is dominated by developers and advocates for the development industries.
- ETJ landowners, and developers, wherever they live, are always free to speak before City Council and any city commissions.
SB 2078 is only Senator Campbell's latest attempt to give developers free rein to destroy trees. In 2017, she filed one bill that would have nullified tree ordinances in ETJs and another which would have allowed clear-cutting by developers.