Bufferyards are required based on zoning, development type, or right-of-way type that is adjacent to a parcel proposed for development. Bufferyards may be required along and between:

District boundaries with varying levels of intensity;

Housing types within planned neighborhoods;

Different types or intensities of uses within a mixed-use development; and

Certain rights-of-way such as railroads, state highways, or farm-to-market roads.

(b)

Application of standards.

The standards of this division shall apply to all parcels proposed for development and substantial reconstruction of existing buildings or structures upon application for a building permit.

(c)

Exceptions.

The following are exempted from this division:

(1)

Reconstruction or replacement of a lawfully existing use or structure following a casualty loss;

(2)

Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements;

(3)

Enlargements of existing uses or structures which increase floor area or impervious coverage area by less than 25 percent. Where such enlargements are 26 percent or greater, these provisions shall apply only to that portion where the new development occurs.

(4)

Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping would be impractical or unreasonable, in which case the administrator may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only to the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided within this section.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-24 Plant materials and locations.

(a)

Approved plants.

Only approved plant materials count towards the landscape requirements of this division. A list of approved plant materials is set out in appendix C, plant lists.

(b)

Allowed plants.

Plants that are not listed on the approved plant list or the prohibited plant list are allowed, but they are not counted towards compliance with this division. Applicants who wish to count such plants are advised to seek an amendment to the approved plant list to include them. Plants may be added to the list if it is demonstrated by credible evidence that the species:

(1)

Is not on the Texas State Noxious Weed List, as provided by the United States Department of Agriculture (USDA);

(2)

Is either native to the region or not invasive; and

(3)

Provides habitat for native wildlife or migratory birds.

(c)

Prohibited plants.

Plants that are on the Texas State Noxious Weed List, as provided by the USDA.

(d)

Prohibited non-living landscape material.

Rubber mulch is prohibited as a landscaping material.

(e)

Minimum size of plants at installation.

Plant material that is installed to comply with the requirements of this division shall be of the sizes set out in table 28-3-24, minimum size of plants at installation.

Table 28-3-24 Minimum Size of Plants at Installation
Type of Plant Material	Minimum Size at Installation
Canopy Tree	2.5-inch caliper
Small Tree	2.5-inch caliper
Evergreen Tree	6 foot in height
Shrub	18-inch height or spread

(f)

Distance from utilities.

(1)

No canopy trees shall be planted within 25 lateral feet of any overhead utility lines.

(2)

No trees shall be planted over or within five lateral feet of any underground utility line, or as required by the owner of the utility.

(g)

Sight distance triangles.

Plant materials shall not be installed where they may compromise a sight distance triangle.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-25 Landscape requirements.

(a)

Generally.

(1)

Applicability.

Site landscaping is required around multiple-family buildings, civic, institutional, commercial office and retail, industrial, and mixed-use buildings.

(2)

Planting requirements.

The required number of canopy and small trees and shrubs or ornamental grasses as set out in the respective zoning district.

(3)

Substitution.

Small trees may be substituted for canopy trees where there is sufficient room for the healthy growth and stability of the tree at a rate of three canopy trees per one canopy tree.

(4)

The mulch surrounding trees and shrubs that are within the right-of-way shall not exceed three inches in thickness or height so as not to prohibit healthy plant growth.

(b)

Foundation landscaping.

(1)

Building foundation plantings shall be required for all multiple-family, civic, institutional, commercial, and mixed-use sites as set out in table 28-3-25, foundation planting requirements.

(2)

Building foundation planting must include a combination of low height plant materials (shrubs, ornamental grasses, perennials) and shall be installed and maintained next to and along all building foundation lines where not impeded by building entrances, loading areas, and sidewalks. Foundation plantings may be installed at grade, in raised planters, or decorative plant containers.

(3)

Foundation plant materials shall not count towards the fulfillment of any other landscaping requirement.

Table 28-3-25 Foundation Planting Requirements
District	Minimum Radius Around Building
District	Front and Street Side	Side	Rear
SC, GC, DD, SO	10 ft.	8 ft. ¹	6 ft. ¹
IN	8 ft.	6 ft. ¹	NA

TABLE NOTE:
Where planting areas are required, they may be crossed with sidewalks to provide access to the building or buildings.
¹ Foundation plantings are required when adjacent to a parking lot or drive-through on the same or adjacent lot.

(c)

Off-street parking, driveways and loading areas.

(1)

Parking lot design.

All rows of parking shall be terminated with a curbed landscaped island that is a minimum nine feet wide and no less than 16 feet in length (32 feet in length for head-to-head parking stalls).

No off-street parking or loading area shall be more than 75 feet from an canopy tree located within a landscaped open space area.

Sidewalks that abut the front edge of any parking stall shall be no less than seven feet wide to accommodate a two feet vehicle overhang.

(2)

Landscaping required.

All parking lot islands shall be landscaped with a combination of turf grass, ornamental grass plantings, plant beds, shrubs, and trees. Rock, chip brick, pavers, pavement and similar hard surfacing shall not be permitted within a parking lot island. Sidewalks may be constructed within a parking lot island as necessary to accommodate pedestrian circulation. No less than one canopy tree shall be planted within each required landscaped island. See figure 28-3-25, off-street parking, driveways, and loading areas.

(3)

Parking lot screening.

Whenever an off-street parking area fronts along a public street an average of one canopy tree and two small trees shall be planted every 50 feet within the parking lot setback area. Additionally, a minimum three-foot tall vehicle headlight screen shall be installed between the parking lot and the adjoining street along the entire linear frontage. This screen can be constructed with any combination of ornamental grasses, shrubs, earth berming, and low masonry walls.

Figure 28-3-25 Off-Street Parking, Driveways and Loading Areas

(d)

Street trees required.

Trees are required along all public streets as set out for each of the districts in division II-2, zoning districts following the design standards provided in this section.

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1481, 3-18-2025)

§ 28-3-26 Land clearing and tree credits.

(a)

Applicability.

Unless exempted by this section, no lot, parcel, or property within the SU (multiple-family only), SC, GC, DD, SO, and IN districts may perform any land clearance, site grading, removal or stockpiling of soil, or tree removal unless part of a building permit, land disturbance permit, site plan, or subdivision plat approved in accordance with article IV, subdivision regulations.

(b)

Exemptions.

The following activities shall be exempt from this section:

(1)

Gardening and farming;

(2)

Landscape installation and maintenance;

(3)

Land clearing or grading that disturbs an area less than 2,000 square feet;

(4)

Exploratory digging or boring by a soils engineer, geologist, archeologist, or similar professional for the purposes of investigating site conditions;

(5)

Excavations for wells or utilities; and

(6)

Land clearing, grading, removal or stockpiling of soil, sand, gravel, or rock as part of a permitted operation, such as a sand and gravel materials plant.

(c)

Standards.

(1)

Grading and drainage.

All sites will be graded to maintain stable slopes and so as not to negatively impact adjoining properties. Grading and storm water management facilities will be designed, installed, and maintained so that surface and storm water appropriately drains to an approved facility or drainage way and in accordance with all rules governing drainage and storm water management.

(2)

Sediment and erosion control.

All sites will employ appropriate sediment and erosion control measures and comply with all rules governing sediment and erosion control.

(d)

Credits for significant trees.

Development sites that preserve mature trees may be given credit towards the fulfillment of their landscape requirements as contained in this division. Credit may only be granted for significant trees located on the same lot or parcel and only those as detailed on a landscape plan, signed by a licensed landscape architect and/or certified arborist, that certifies the species, caliper, and health of the identified significant trees. The landscape plan must further identify the methods by which the significant trees will be protected during construction and that adequate clearance will be maintained around the drip line of the tree to prevent soil compaction and provide the tree with adequate access to water, nutrients, and air.

(e)

Rate of credit.

Table 28-3-26, tree preservation credit, identifies the rate at which credit will be given for the preservation of trees of significance.

(f)

Tree preservation for residential and commercial development.

Any native tree, as found in Appendix C of the Fulshear Code of Ordinances with a 24-inch diameter at breast height (DBH) shall be preserved until 5% of the property is covered by canopy unless the location of such tree creates a hardship, or a conflict with other regulations within the Fulshear Code. When a hardship or occurs, the tree can be removed and shall be replaced with two trees of the same species and a DBH of 4-inches. Such replacement trees shall be required in addition to other required trees.

Table 28-3-26 Tree Preservation Credit
Significant Tree Caliper Size	Landscape Credit Per Canopy Tree
6 to 12 inches	3
12 to 24 inches	4
24 to 36 inches	5
Greater than 36 inches	6

(Ord. No. 2020-1331, 9-15-2020; Ord. No. 2025-1485, 5-6-2025)

§ 28-3-27 Bufferyards.

(a)

Generally.

The required bufferyards are based on the amount of screening they provide. Bufferyards are classified from less screening ("type A") to more screening ("type C").

(b)

Classifications.

(1)

Types.

There are three types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet, or portion thereof. The minimum planting requirements for each type and composition of bufferyard are set out in table 28-3-27, bufferyard classifications.

(2)

Composition.

Bufferyards may be classified as:

Structural, which include the use of a wall or a fence to achieve the required level of screening; and

Natural, which include the use of an earthen berm and a higher density of plant materials.

Table 28-3-27 Bufferyard Classifications
Type	Width	Required Plantings per 100 Linear Feet (Structural/Natural)				Height of Berm, Wall or Fence¹
Type	Width	Canopy Trees	Evergreen Trees	Noncanopy Trees	Shrubs	Height of Berm, Wall or Fence¹
Type A	5 ft.	1/2	1/2	1/3	20/25	—
Type B	10 ft.	2/3	2/2	2/1	20/20	—
Type C	20 ft	3/6	3/3	3/4	30/30	6 ft.

TABLE NOTE:
¹ A berm, wall, or fence is not required for natural bufferyards.

(c)

District standards.

The required bufferyards for the SC, GC, DD, SO, and IN districts are set out in division II-2, zoning districts.

(d)

Other buffering requirements.

If a bufferyard is required by another section of this CDO, then the greater requirement shall supersede the lesser requirement.

(e)

Adjacent development.

(1)

No bufferyard.

Where the adjoining property is an existing single-family detached or attached property or development that does not have the required bufferyard, the multiple-family, civic, institutional, commercial, industrial, and mixed-use development shall provide a bufferyard of the next higher classification than required (e.g., type A bufferyard, the parcel must install a type B bufferyard).

(2)

Compatibility.

New residential development is required to provide an increase in the level of screening of a bufferyard (e.g., type A to type B) when adjacent to an existing single-family detached or attached residential use or district if:

The lot width(s) of the new development is(are) less than 80 percent of the lot widths of the nearest existing lot(s);

The building height(s) of the new development is(are) more than eight feet taller than the building height(s) of the nearest existing lot(s); or

The housing type(s) located on the lots abutting existing development is(are) denser than the existing development (e.g., single-family attached or multiple-family abutting single-family detached).

(f)

Existing buffer treatments.

(1)

Generally.

Existing trees, fences, and walls may be counted toward the bufferyard requirements, provided the trees are in good health and the fences or walls are structurally sound, in good repair, and of an upright condition.

(2)

Credit.

Credit shall be given for existing trees that are located within bufferyards according to the standards of section 28-3-26, land clearing and tree credits.

Credit shall be given for a structural bufferyard if an existing fence or wall is on or near the property line, provided:

The fence or wall meets the requirements of this section;

ii.

The height and level of screening meets the intent of this section; and

iii.

The applicant records an agreement with assurances to repair or replace the fence or wall if it is damaged, destroyed, or removed.

(g)

Parking and vehicular use bufferyards.

(1)

Generally.

The required bufferyards set out in division II-2, zoning districts, are to mitigate headlight glare on adjacent property and to reduce the aesthetic impact of parked cars.

Vehicular use areas, such as parking lots, drive-through and drive-in lanes, stacking areas, and common drives shall also be buffered as set out in division II-2, zoning districts.

(2)

Where required.

Bufferyards are required:

Between parking lots and adjacent properties unless:

The area is occupied by a building; or

ii.

Another required bufferyard provides ample screening.

Between parking lots and streets, except in areas where:

The elevation of the parking lot is three feet or more below the crown of the street; or

ii.

The area is occupied by a building; or

iii.

Another required bufferyard provides ample screening.

(3)

Composition.

Parking lot bufferyards shall be composed of one or a combination of the following:

A three-foot tall masonry wall measured from the surface of the parking lot closest to the wall;

An earthen berm with a maximum 3:1 slope mounded to a minimum height of three feet, provided shrubs are planted along 50 percent of the linear dimension required to be screened;

Shrubs planted in a continuous buffer to a minimum height of three feet or five feet if ornamental grasses are used in lieu of shrubs. The landscape area shall be set back three feet from the edge of pavement or the face of the curb or parking bumper facing the parking space. See figure 28-3-27, parking lot bufferyard.

Figure 28-3-27 Parking Lot Bufferyard

(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-28 Screening and fencing.

(a)

Obstructions.

(1)

No fence, screen, wall, or other visual barrier shall be located or placed to obstruct the vision of a motor vehicle driver approaching within 30 feet of any street intersection.

(2)

Where an alley intersects a street, no visual barrier taller than 30 inches may be placed within a sight visibility triangle.

(b)

Wall finish.

All required screening walls shall be equally finished on both sides of the wall.

(c)

Rural and residential district maximums.

In the following residential districts (SR, SU, or MH) or along the boundary between a residential and nonresidential district, the following standards apply:

(1)

Rear and side yards.

No fence or wall shall exceed a height of eight feet above grade.

(2)

Front yard.

The maximum height of a fence or wall shall not exceed three feet. A minimum opacity of 50 percent is required.

Fences in the manufactured home parks shall not exceed a height of four feet.

(3)

Corner lot.

Where a corner lot is platted with two front yards, and a house is constructed facing one of the front yards, the second front yard shall also be deemed to be a front yard.

(d)

Nonresidential and multiple-family uses.

(1)

Contiguous to residential.

Where a multiple-family or nonresidential use is contiguous to an ER, SR, MH, or SU district, a solid wall, fence or opaque landscape screen of not less than six nor more than eight feet in height shall be erected on or near the property line separating these districts.

(2)

Adjacent to public street.

When a side or rear yard of a multiple-family, civic, institutional, commercial, industrial, or mixed-use is adjacent to a public street, a solid wall, fence or opaque landscape screen of not less than six nor more than eight feet in height shall be erected.

(Ord. No. 2020-1331, 9-15-2020)

§ 28-3-29 Maintenance.

(a)

Responsibility.

The owner of the lot or parcel or the manager or agent of a homeowners' or property owners' association shall be responsible for the maintenance of all landscape areas.

(b)

Maintenance standards.

(1)

All landscaped areas shall be kept free from refuse and debris.

(2)

Maintenance and care of landscaping shall be according to the most current ANSI A300 Standards for Tree Care Operations.

(c)

Landscape plan.

A landscape plan shall identify the plant installation methods and landscape maintenance program for all landscaped areas.

(d)

Approval and timing of approval.

(1)

In reviewing plans, adjustments in the location of plants may be required where such alterations will better serve the purposes for which they are intended.

(2)

Landscape plans containing street trees, open spaces, site features, bufferyards, and required landscaping shall be submitted for approval at the preliminary plat application stage.

(Ord. No. 2020-1331, 9-15-2020)