Extra-Territorial Jurisdiction (ETJ)
The Extra-Territorial Jurisdiction (ETJ) is a designated buffer area located just outside of the city limits. Each municipality is afforded an ETJ by the Texas Local Government Code as a method of defining potential growth and future service boundaries. An ETJ boundary cannot overlap with another municipality's ETJ, and property owners cannot elect which boundary they want to be part of, unless mutually agreed upon by the municipalities. Generally, it can be thought of as a ring around Aubrey which enables the city to regulate subdivision of land, however, it does not allow for zoning regulation.
Frequently Asked Questions
What is the Extent of an ETJ?
The extent of an ETJ is dependent on the population size of the municipality. A municipality's population only incorporates those within the City Limits and does not include the residents within the ETJ. An ETJ can extend as little as one half mile (less than 5,000 inhabitants) or as much as 5 miles (100,000 inhabitants or more). The City of Aubrey currently maintains a 1-mile ETJ.
What Is Regulated in the City of Aubrey ETJ?
Land division is regulated through the Subdivision Process.
What Is Not Regulated in the City of Aubrey ETJ?
City Ordinances including zoning.
May Qualified Voters Residing in the ETJ Vote in a City Election?
Generally, to be eligible to vote in a city election a person must, among other things, reside in the city limits on the day of the election.
How do City Regulations Differ for Properties Located in the City Limits Versus the ETJ?
Many regulations that apply to properties within the city limits do not apply to properties located within the ETJ. The Texas Local Government Code gives limited authority for cities to regulate development in their ETJ. However, Aubrey has authority to enforce the following regulations in the ETJ:
1) Subdivision Regulations: The Texas Local Government Code authorizes a city to regulate subdivisions and plats in the city’s ETJ, unless subject to any applicable limitations in the Code.
2) Sign Regulations: Cities have the authority to provide for the reconstruction, relocation, or removal of signs in both the city limits and in the city’s ETJ.
3) Development Agreements: Broad authority is given to cities to enter into contracts with landowners in the ETJ to address a wide variety of development-related issues, including land planning, construction standards, and environmental standards, among others.