§ 212.016 — AMENDING PLAT.

Texas § 212.016

• Jurisdiction: Texas
• Code LG: Local Government Code

Text

Sec. 212.016. AMENDING PLAT. (a) The municipal authority responsible for approving plats may approve and issue an amending plat, which may be recorded and is controlling over the preceding plat without vacation of that plat, if the amending plat is signed by the applicants only and is solely for one or more of the following purposes:
(1) to correct an error in a course or distance shown on the preceding plat;
(2) to add a course or distance that was omitted on the preceding plat;
(3) to correct an error in a real property description shown on the preceding plat;
(4) to indicate monuments set after the death, disability, or retirement from practice of the engineer or surveyor responsible for setting monuments;
(5) to show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding plat;
(6) to 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;
(7) to correct an error in courses and distances of lot lines between two adjacent lots if:
(A) both lot owners join in the application for amending the plat;
(B) neither lot is abolished;
(C) the amendment does not attempt to remove recorded covenants or restrictions; and
(D) the amendment does not have a material adverse effect on the property rights of the other owners in the plat;
(8) to relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement;
(9) to relocate one or more lot lines between one or more adjacent lots if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or restrictions; and
(C) the amendment does not increase the number of lots;
(10) to 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:
(A) the changes do not affect applicable zoning and other regulations of the municipality;
(B) the changes do not attempt to amend or remove any covenants or restrictions; and
(C) the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or
(11) to replat one or more lots fronting on an existing street if:
(A) the owners of all those lots join in the application for amending the plat;
(B) the amendment does not attempt to remove recorded covenants or restrictions;
(C) the amendment does not increase the number of lots; and
(D) the amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities.
(b) Notice, a hearing, and the approval of other lot owners are not required for the approval and issuance of an amending plat.

Legislative History

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 46(b), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 92, Sec. 2, eff. Aug. 28, 1995.