PROTECT YOUR PROPERTY
FROM THE NEXT CODENEXT
ATTENTION: The City of Austin is planning to rezone virtually every home and business in our community to allow for larger buildings, less green space, and greater density. Click here to learn more about the plan.
Protect Your Property by Filing a Rezoning Protest
In March 2020, Travis County District Judge Jan Soifer ruled that local residents have the right to protest the City of Austin’s rezoning plan. When you file a protest using our electronic form, local officials cannot rezone your property without approval by a supermajority of the Austin City Council (nine of 11 votes).
The same is true when neighbors band together to protest the rezoning of property they do not own. When the owners of at least 20 percent of the area within 200 feet of a property protest the rezoning of that property jointly, local officials cannot move forward without approval by a supermajority of the Austin City Council (nine of 11 votes).
Filing a rezoning protest is fast and easy! Just fill out our electronic form, and Community Not Commodity will send your protest to the City of Austin. Click here if you prefer to file a protest by mail.
Frequently Asked Questions
The right to protest zoning changes is a longstanding provision within the Texas Local Government Code, and similar laws can be found in most other states. They are intended to protect property owners from unwanted rezoning by city governments and to ensure that controversial zoning changes have the overwhelming support of local governing bodies before adoption. In March 2020, Travis County District Judge Jan Soifer upheld the right to file a protest when she ruled in favor of a group of Austin property owners who challenged City Hall’s rezoning plan in court.
According to state law, local officials cannot make zoning changes to any property that is the subject of a rezoning protest unless they have the support of a supermajority of the local governing body. That means the City of Austin is unable to rezone any property that is the subject of a protest unless nine of the Austin City Council’s 11 members vote for that rezoning. Only seven members of the Austin City Council currently support the rezoning plan.
No. Texas law grants property owners the right to protest any zoning change, and there is no exception for the broad rezoning of an entire city, as is proposed by the City of Austin. In March 2020, Travis County District Judge Jan Soifer ruled that local property owners have the right to protest the City of Austin’s rezoning plan.
No. Travis County District Judge Jan Soifer’s ruling applies only to property owners who file rezoning protests. According to her ruling and state law, local officials cannot make zoning changes to any property that is the subject of a rezoning protest unless they have the support of a supermajority of the Austin City Council (nine of 11 votes). If you own property in Austin but fail to file a rezoning protest, local officials are allowed to rezone it if they have the support of a simple majority of the Austin City Council (six of 11 votes).
In order for your rezoning protest to take effect, you must file it before the Austin City Council holds a final vote on its rezoning plan. In March 2020, the city council temporarily suspended all action on the plan due to the COVID-19 pandemic. Council members may resume work on the plan at any time, but they are bound by the court ruling issued by Travis County District Judge Jan Soifer. We recommend that all local property owners file rezoning protests as soon as possible.
Yes. According to Section 322.007 of the Texas Business and Commerce Act, “[i]f a law requires a record to be in writing, an electronic record satisfies the law” and “[i]f a law requires a signature, an electronic signature satisfies the law.” In March 2020, Travis County District Judge Jan Soifer upheld the right to file a protest online when she ruled in favor of a group of Austin property owners who challenged City Hall’s rezoning plan in court. Click here if you prefer to file a protest by mail.
Yes. Simply download and print a Standard Rezoning Protest Form (available in both PDF and Microsoft Word), fill it out, sign it, and then mail it to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Your property address and signature are required.
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.
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, simply download and print multiple copies of our Standard Rezoning Protest Form (available in both PDF and Microsoft Word), fill them out, and then mail them to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Your property addresses and signature are required.
Yes. You and/or your neighbors may protest the rezoning of any property being rezoned within 200 feet of each person’s property. Begin by downloading and printing a Multi-Party Rezoning Protest Form (available in both PDF and Microsoft Word). Fill in the requested information, and then have as many neighbors as possible do so as well. Property owners who work together in this fashion are more likely to protect entire neighborhoods from the City of Austin’s rezoning plan. After you are finished collecting signatures, mail the form to the City of Austin, Planning and Zoning, PO Box 1088, Austin, TX 78767 as soon as possible. Property addresses and signatures are required.