(a) 
Prior to the subdivision, re-subdivision, or development of any land within the city, or its extraterritorial jurisdiction, all plans, plats, and construction plans for infrastructure improvements must first be approved in accordance with this chapter except for:
(1) 
Alterations to an existing building or site where no additions; increase in floor area; drainage improvements; street improvements; utility extension; additional parking; or changes to street access are proposed.
(2) 
Divisions of land created by order of a court of competent jurisdiction.
(3) 
A change in ownership of a property through inheritance or the probate of an estate.
(4) 
Cemeteries complying with all state and local laws and regulations.
(5) 
Lot or lots proposed to be used for single-family purposes, that were in existence in its current configuration prior to 1983 and were part of the Brookshire Townsite.
(6) 
Those plats exempted in Texas Local Government Code Chapter 212.
(b) 
Except as exempted above, no land may be subdivided or platted through the use of any legal description.
(c) 
Except for agricultural leases, no person shall transfer, lease, sell or receive any part of a parcel before a plat of such parcel and the remaining parcel have been approved by the City Council in accordance with the provisions of these regulations in this Code and filed for record with the appropriate County Clerk.
(d) 
No building permit for a structure or certificate of occupancy shall be issued for any parcel or tract of land until such property has received plat approval in conformity with the provisions of this Code, and filed for record with the appropriate County Clerk, and public improvements have been accepted by the city (if applicable).
(e) 
The platting or subdivision of any lot or any parcel of land, by the use of Global Positioning System (GPS) using the Texas State Plane Coordinate System (SPCS) as a substitute for metes and bounds for the purpose of sale, transfer, lease or development is prohibited. The SPCS may be used as supporting documentation only and the datum source must be referenced.
(f) 
The Commission and the City Council will act on a plat within the timeframe specified in the applicable state law. A plat is considered approved unless it is disapproved within that period.
Review Authority and Expiration of Plats
Type of Plat
Applicability
Approving Body/Official
Expiration
Minor Plat
Creation of four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
Mayor (designee)
Must be filed with the County Clerk within 12 months following the date of approval
Amending Plat
A plat that complies with Texas Local Government Code § 212.016 and generally submitted to correct errors and omissions or make minor changes
Mayor (designee)
Must be filed with the County Clerk within 12 months following the date of approval
Development Plat
Required for previously unsubdivided or unplatted land that is not being divided into separate parcels, as described in Texas Local Government Code § 212.045
Mayor (designee)
Must be filed with the County Clerk within 12 months following the date of approval
Preliminary Plat
Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city.
City Council
Must submit a Final Plat within 12 months following the date of approval
Final Plat
• Required for land being divided into separate parcels, plats with five or more lots, and any plats that require public improvements that will be dedicated to the city.
• Required to ensure that a final recorded plat conforms to the Preliminary Plat as approved by the City Council and to the Construction Plans as approved by the Mayor or designee.
City Council
Must be filed with the County Clerk within 12 months following the date of approval
Replat
To replat a subdivision or part of a subdivision without vacation of the original plat.
City Council
Must be filed with the County Clerk within 12 months following the date of approval
Plat Approval Extension
To extend expiration date of a plat approval.
City Council
If no development has occurred within 12 months following the date of approval, the expiration date may be extended by an additional 12 months
(Ordinance 26-747-16 adopted 4/2/2026)
(a) 
Applicability.
Minor Plats, Amending Plats, or Development Plats may be approved by the Mayor (or designee) following an evaluation for compliance with this Code.
(1) 
Minor plat.
A Minor Plat is any plat involving four (4) or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.
(2) 
Amending plat.
A plat that complies with Texas Local Government Code § 212.016, and is generally submitted to correct errors and omissions, or make minor changes if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
a. 
Correct an error in a course or distance shown on the preceding plat;
b. 
Add a course or distance that was omitted on the preceding plat;
c. 
Correct an error in a real property description shown on the preceding plat;
d. 
Indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
e. 
Show the location or character of a monument which has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
f. 
Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving plats, including lot numbers, acreage, street names, and identification of adjacent recorded plats;
g. 
Correct an error in courses and distances of lot lines between two (2) adjacent lots if:
1. 
Both lot owners join in the application for amending the plat;
2. 
Neither lot is abolished;
3. 
The amendment does not attempt to remove recorded covenants or restrictions; and
4. 
The amendment does not have a materially adverse effect on the property rights of the other owners in the subdivision;
h. 
Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
i. 
Relocate one or more lot lines between one or more adjacent lots if:
1. 
The owners of all those lots join in the application for amending the plat;
2. 
The amendment does not attempt to remove recorded covenants or restrictions; and
3. 
The amendment does not increase the number of lots;
4. 
The amendment does not render any resulting lot substandard for a required well, on-site sewage facility, or below minimum lot size requirements in existing deed restrictions on in the Future Land Use Map; or
j. 
Make necessary changes to the preceding plat to create six or fewer lots in the subdivision or a part of the subdivision covered by the preceding plat if:
1. 
The changes do not affect applicable zoning and other regulations of the municipality, including water and on-site sewage facility regulations;
2. 
The changes do not attempt to amend or remove any covenants or restrictions; and
3. 
The area covered by the changes is located in an area that the City Council has approved, after a public hearing, as a residential improvement area; or
k. 
Replat one or more lots fronting on an existing street if:
1. 
The owners of all those lots join in the application for amending the plat;
2. 
The amendment does not attempt to remove recorded covenants or restrictions;
3. 
The amendment does not increase the number of lots; and
4. 
The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities, or require a variance for water well lot sizing and setbacks or on-site sewage facility regulations.
(3) 
Development plat.
Development plats are required for previously unsubdivided or unplatted land that is not being divided into separate parcels, as described in Texas Local Government Code § 212.045. Any person who proposes the development of a tract of land within the city limits or the ETJ must have a development plat of the tract prepared in accordance with this section. No development will begin, nor any building permit, utility connection permit, or similar permit be issued until a development plat has been reviewed and approved. When an applicant is required to file a plat by other requirements of this section, a development plat is not required.
(b) 
Endorsement.
It will be unlawful to offer and cause to be filed any plan, plat, or replat of land within the city limits or ETJ of record with the appropriate County Clerk unless the plan, plat or replat bears the signature and approval of the Mayor (or designee).
(c) 
Approval criteria (administrative plat).
All subdivisions and plats of land will be reviewed using the criteria in this Code. Infrastructure construction plans must be filed and be consistent with applicable city standards and standards for applicable entities.
(d) 
Responsibility for final action.
The Mayor (or designee) is responsible for final action on Administrative Plat Reviews. If the Mayor (or designee) determines the Administrative Plat does not meet the approval criteria, the applicant may request that the application be forwarded to the City Council, which will take final action.
(e) 
Action following plat approval.
After approval of an Administrative Plat, the Developer will notify the City Engineer within ten (10) days which of the following construction procedure(s) the Developer proposes to follow, if public improvements are required:
(1) 
The Developer may file a Construction Plan, and upon approval of the Construction Plan by the City Engineer, proceed with construction of streets, alleys, sidewalks, and utilities that the Developer is required to install. The City will inspect the work as it progresses, and upon completion and final acceptance by the City, and upon written request of the Developer, the approved plat may be filed of record with the appropriate County Clerk; or
(2) 
The Developer may elect to post fiscal surety and assurance of construction as provided in the code, which case the surety of assurance will be filed with the City, together with a request that the plat be filed for record. In this case, the plat will be filed with the appropriate County Clerk. The City will inspect the construction work as it progresses and will make the final inspection to assure compliance with City requirements; and upon completion of construction, the Developer will deliver to the City a two year guarantee of workmanship and materials as provided in the code.
(3) 
The City Engineer shall issue letter accepting documents, providing the requisite authority for the Subdivider to proceed with the construction of streets and utilities.
(f) 
Recordation.
After the Mayor (or designee) has approved the plat, the City Engineer has approved the Construction Plans and the Subdivider has either posted fiscal surety and assurance of construction or completed required provision of infrastructure and public improvements, the plat will be recorded in the Office of the appropriate County Clerk within twelve months. The Developer will pay the record filing fee as provided for in the City of Brookshire Fee Schedule Ordinance.
(Ordinance 26-747-16 adopted 4/2/2026)
(a) 
No building, repair, plumbing, or electrical permit shall be issued by the city for any structure on a lot in a subdivision for which an appropriate plat has not been approved and filed for record, nor for any structure on a lot within a subdivision in which the standards contained herein or referred to herein have not been complied with in full.
(b) 
Developments that existed prior to 1983. Permits for alterations to an existing buildings or site developed prior to 1983, where no additions; increase in floor area; drainage improvements; street improvements; utility extensions; additional parking; paving, or changes to street access are proposed, shall be approved without requiring a plat to be approved or recorded.
(c) 
Developments that were constructed after 1983 without approved and recorded plats. Permits for alterations to an existing buildings or site developed after to 1983 on properties that were not platted in conformance with the adopted codes, where no additions; increase in floor area; drainage improvements; street improvements; utility extensions; additional parking; paving, or changes to street access are proposed, shall be approved without requiring a plat to be approved or recorded, upon approval of a plat exemption from the City Council.
(d) 
Routine maintenance for properties that have not been platted. Permits to replace or repair existing structures, mechanical, electrical, and plumbing systems and fixtures shall be approved without requiring a plat to be approved or recorded.
(e) 
The city shall not repair, maintain, install, or provide any streets or public utility services in any subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(f) 
The city shall not sell or supply water, electricity, or sewerage service within a subdivision for which a final plat has not been approved and filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full.
(g) 
In behalf of the city, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter or the standards referred to herein with respect to any violation thereof which occurs within the city, within the extraterritorial jurisdiction of the city as such jurisdiction is determined under the Municipal Annexation Act,[1] or within any area subject to all or a part of the provisions of this chapter.
[1]
Editor's note—See Texas Local Government Code Chapter 43.
(Ordinance 26-747-16 adopted 4/2/2026)