Navigating the Impacts of Senate Bill 2038 on Roofing and Development in the Fort Worth Area
As a seasoned roofing professional, I’ve been closely monitoring the recent changes to Texas land use laws and their implications for the Fort Worth region. The passage of Senate Bill 2038 in 2023 has significantly altered the landscape, empowering landowners to petition for release from the city’s extraterritorial jurisdiction (ETJ) with greater ease.
This new law allows property owners within Fort Worth’s ETJ to be immediately freed from the city’s oversight simply by obtaining a valid petition signed by 50% of registered voters in the contested area. Over the past year, we’ve seen portions of Tarrant, Johnson, Parker, and Denton counties released from Fort Worth’s jurisdiction, amounting to approximately 3,000 acres so far.
The Developer’s Perspective: Increased Agility and Speed-to-Market
While this new law has raised concerns among municipal and county officials, some developers see it as a positive change. Travis Clegg, the director of land for Grapevine-based Westwood Professional Services and a member of Fort Worth’s developer advisory committee, believes that “Senate Bill 2038 is an overall good thing” as it allows projects to move forward at a faster pace.
“Time is money,” Clegg explains. “Some of these cities are offering incentives, like bringing water services immediately, which can significantly accelerate the development timeline.” With fewer regulations to adhere to, developers are now able to purchase large tracts of land in rural areas, where the cost is lower, and expedite the building and housing projects.
Balancing Development with Infrastructure Planning
However, this rapid growth poses challenges for long-term infrastructure planning. Fort Worth Assistant City Manager Dana Burghdoff has testified before the Texas Senate Committee on Local Government about the effects of Senate Bill 2038, highlighting the city’s concerns.
“Fort Worth could face financial risks if it regulates water utilities within its ETJ,” Burghdoff warned. The city has agreements to provide water and sewage services to many local developments, including the expansive Walsh Ranch project, which extends into Parker County. With more landowners opting out of the city’s oversight, Burghdoff said, “Some folks will end up being on groundwater utilities, especially in Parker County.”
This fragmented approach to utility services could complicate the city’s efforts to plan and invest in the water infrastructure needed to accommodate Fort Worth’s continued growth. By 2100, the Parker County city of Aledo, currently home to more than 5,800 residents, is expected to become the population center of the region, according to Fort Worth Mayor Mattie Parker.
Navigating the Legal Landscape
The impacts of Senate Bill 2038 have not gone unchallenged. The city of Grand Prairie has initiated a lawsuit challenging the constitutionality of the law, and more than a dozen other cities, including Lockhart, Navasota, and Hutto, have joined the lawsuit.
“There is stalling of development” as uncertainty about the bill remains, said Howard M. Cohen, a partner with Houston-based Schwartz, Page & Harding, which specializes in public finance and local government law.
During her testimony, Burghdoff recommended that the law include an exemption for areas near military installations, such as the Naval Air Station Joint Reserve Base Fort Worth. Currently, the law allows for automatic property releases within 5 miles of bases, but it has a special exemption that increases the limit to 15 miles for bases in the San Antonio and Houston areas.
“My point is, we have flight training and operations in Fort Worth,” Burghdoff said, emphasizing the need for a similar exemption to protect the city’s military presence.
Adapting to the New Landscape: Annexation and Special Districts
In response to the changes brought about by Senate Bill 2038, Fort Worth has been actively modifying its ETJ boundaries and pursuing annexation in growing areas. Over the past five years, the city has annexed more than 5,300 acres to the north, south, and west, with the majority being owner-initiated annexations.
Additionally, the proliferation of special districts, such as municipal utility districts (MUDs), has become a notable trend in the Fort Worth area. These districts, often located in Denton and Wise counties within the city’s former ETJ, are providing water and other services to rapidly developing housing communities.
Dianne Edmondson, the Precinct 4 commissioner for Denton County, has expressed concerns about the public safety implications of this growth in special districts. “One of the things I’m very concerned about is fire protection,” Edmondson said, noting that the county has developed a fire protection plan to address firefighting and emergency services in unincorporated areas.
Embracing Roofing Opportunities in a Changing Landscape
As a roofing professional, I see both challenges and opportunities in this evolving landscape. The rapid development of new housing communities, often outside the city’s direct oversight, presents a growing need for roofing services and expertise.
Homeowners and developers in these newly established special districts will require reliable roofing contractors to ensure the integrity and energy efficiency of their properties. Roofers must stay up-to-date on the latest building codes, material options, and energy-saving strategies to meet the needs of these fast-growing areas.
At the same time, the potential fragmentation of utility services and public safety responsibilities creates a need for roofers to collaborate closely with local authorities and special district representatives. Understanding the unique requirements and communication channels in these evolving jurisdictions will be crucial for providing comprehensive roofing solutions.
Conclusion: Navigating the Evolving Landscape
The implementation of Senate Bill 2038 has undoubtedly disrupted the traditional land use dynamics in the Fort Worth region. As landowners exercise their newfound ability to petition for release from the city’s oversight, the development landscape is rapidly transforming.
While some developers view this as an opportunity to expedite projects, municipal and county officials are grappling with the challenges of maintaining cohesive infrastructure planning and public safety services. The proliferation of special districts adds another layer of complexity, requiring roofers and other professionals to adapt their approach to this evolving environment.
As a seasoned roofing expert, I encourage my colleagues to stay informed, engaged, and proactive in navigating this changing landscape. By understanding the latest legal and regulatory developments, collaborating with local authorities, and offering innovative roofing solutions, we can continue to serve the growing needs of the Fort Worth community effectively. The future may be uncertain, but with foresight and adaptability, we can seize the opportunities that arise and ensure the continued success of the roofing industry in this dynamic region.
