Following are excerpts from the Brewster County Subdivision Regulations. It is very important than any property owner contemplating subdivision of their property be conversant with these and all other application regulations. Please contact the Brewster County Judge's office at (432) 837-2412 for further information before attempting to subdivide.

Article 3

Classification of Subdivisions and Exemptions from

Subdivision Requirements

3.1: Classification of Subdivisions

3.1.1 The requirements for the review and approval of subdivision plats shall vary depending on the size of the proposed subdivision as follows:

a. Type I Subdivisions are those generally intended for dense suburban residential development with lots of five acres or less. A subdivision which contains lost of five acres and less, together with lots of above five acres, shall be considered a Type I subdivision. Type I subdivisions are subject to the Economically Distressed Areas Program Model Subdivision Rules as promulgated by the Texas Water Development Board. The Economically Distressed Areas Model Rules are found in Appendix A of these subdivision regulations and are incorporated in these regulations by reference.

b. Type II Subdivisions are those intended for large lots, less dense residential development. Type II Subdivision include subdivisions within which all lots are greater than five acres.

3.1.2 Large Parcel Development and Voluntary Platting. Any subdivision of lands into two or more parts, all parts of which are ten (10) acres in size or larger, is exempt from platting requirements and the Brewster County Subdivision Regulations. A subdivider may, on a voluntary basis, plat a Large Parcel Subdivision by following procedures set out for and meeting the requirements of a Type II Subdivision.

3.1.3 Non-residential Development. Subdivisions intended exclusively for non-residential, commercial development shall be classified in like manner with Type I Subdivisions except that the Commissioners Court may elect to impose the less stringent requirements of Type II classification, if the Commissioners Court determines that these less stringent standards are in the public interest.

3.1.4 Agricultural Uses. Subdivision of land intended for farming or ranching activity and not for residential development shall not be subject to platting requirements. Subdivisions containing parcels smaller than forty (40) acres in size will be deemed non-agricultural, unless the owner submits evidence that, in the judgment of the Commissioners Court, clearly indicates that the use of the subdivided parcels will be limited to agricultural use.

Water Systems and Wastewater Disposal

Section: 7.1: Type I Subdivisions: For water systems and waste water disposal Type I subdivisions, Brewster County has adopted the Economically Distressed Areas Program Model Subdivision Rules promulgated by the Texas Water Development Board. These regulations are found in Appendix A of these subdivision regulations and are incorporated herein by reference.

Section: 7.2: Water Systems and Waste Water Disposal for Type II Subdivisions

7.2.1 Subdividers of Type II subdivisions who propose to supply drinking water by connecting to an existing central system must provide Commissioner Court a written agreement with that public water purveyor. The agreement must accommodate the total flow anticipated from the ultimate development and occupancy of the proposed subdivision for a minimum of thirty (30) years.

7.2.2 Subdividers of Type II subdivisions who propose that water by supplied by individual wells on each tract shall provide Commissioners Court and include on or with the final plat. A statement concerning location, water quality and quality produced from any water wells existing at the time of final plat approval in the proposed subdivision or if there are no existing wells in the proposed subdivision, a statement that there are no existing wells in the subdivision and that availability of water is unknown shall be included in the plat.

7.3: Wastewater Disposal in Type II Subdivisions

7.3.1 Subdividers in Type II subdivisions who propose to dispose of wastewater by connecting to an existing permitted facility shall produce a written agreement with that municipality, public water supply corporation or private provider. Engineering plans for the proposed wastewater collection lines must be approved by TNRCC.

7.3.2 Subdividers who propose to utilize on-site disposal shall comply with the On Site Sewage Facility regulations of Brewster County, Texas, and all regulations of TNRCC regarding On-Site Sewage Facilities. Notice that sewage disposal is proposed to be by on-site sewage disposal shall be given to prospective purchasers in writing prior to the execution of any binding agreement or conveyance of any real estate from the subdivision, and shall be made a part of any deed restrictions.

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