Zoning in Cameron County, Texas

A statute written for two specific counties

Local Government Code Chapter 231 lists only a short set of named exceptions to the rule that Texas counties can't zone. Subchapter B is one of them, and it names Cameron and Willacy Counties specifically. Section 231.011 lays out the Legislature's findings: that the part of Padre Island in these two counties is used for recreation by residents from every part of the state, that its orderly development matters statewide, and that islands used as resort areas tend to become congested in ways that interfere with their use for recreation. That's the stated rationale for giving these two counties -- and essentially no others in this configuration -- a real zoning tool.

Section 231.012 defines exactly where that authority reaches: unincorporated Padre Island land in Cameron or Willacy County that sits either outside a municipality but within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 people a year. In Cameron County, the county's own Isla Blanca Park -- at the southern tip of the island, adjoining South Padre Island -- is the kind of publicly owned park this section is built around, giving the two-mile radius a concrete anchor point rather than an abstract boundary.

What the county can actually regulate -- and where it can't

Section 231.013 spells out the specific powers granted within that two-mile band: the height, number of stories, and size of buildings and other structures; the percentage of a lot that may be occupied; the size of yards, courts, and other open spaces; population density; the location and use of buildings and land for business, industrial, residential, or other purposes; and the placement of water and sewage facilities, parks, and other public infrastructure. That's a genuine, comprehensive zoning toolkit -- closer to a city's zoning code than the narrow height-and-setback authority some other Chapter 231 exceptions grant.

Critically, this authority applies only to unincorporated county land. The built-up core of the island is the incorporated City of South Padre Island, which has run its own separate municipal zoning ordinance since November 9, 1979 (Ordinance No. 77), with its own zoning map and planning and zoning commission. A parcel inside South Padre Island's city limits is governed by that city's zoning code, not by Cameron County's Subchapter B authority -- the county's power picks up only outside the city line, in the unincorporated stretches of the island near county park land.

Authority granted, versus an ordinance actually adopted

As with any Chapter 231 exception, it matters to separate the question of statutory authority (which the Legislature has granted to Cameron County since this subchapter's enactment) from whether the Commissioners Court has actually adopted a specific zoning ordinance under it, with a current map and dimensional standards. This research confirmed the statutory authority and its scope directly from the Local Government Code, but did not independently locate and review a current, adopted Cameron County zoning ordinance exercising Subchapter B authority. Before treating a specific unincorporated Padre Island parcel as zoned (or not), confirm directly with Cameron County Planning & Development whether an ordinance is currently in force, and if so, what district and dimensional limits apply.

What this means for a Padre Island buyer in Cameron County

1. First confirm whether the parcel sits inside the incorporated City of South Padre Island (governed by that city's own zoning code and planning department) or in unincorporated Cameron County outside it -- the two are governed by entirely different rulebooks.
2. For unincorporated land, measure the parcel's distance from Isla Blanca Park or another qualifying publicly owned park, or from a beach with over 500 annual users -- Subchapter B's authority applies only within two miles of one of those anchor points.
3. Ask Cameron County Planning & Development directly whether a zoning ordinance is currently adopted under Subchapter B, and if so, request the current district map and its height, lot-coverage, and setback standards for the specific parcel.
4. Don't assume county authority here works like a full city zoning code with residential/commercial/industrial districts -- the statute's granted powers are broad but still framed around building bulk, density, and land use, not necessarily a complete modern zoning map.