The Rebels, Stoics and Goat Ropers - SB840 2.5 Months Later
The 2025 Texas Legislature “levered up” as they say on high density residential. What have cities done about it?
September 1s when SB840 went wild. I recall the day, it was Labor Day, a Monday, a national holiday. Usually, when a bill is scheduled to go live, folks, it just goes busing through the gates. But it was sure quiet, this SB840. A little too quiet if you ask me.
It ain’t so quiet anymore.
Now if you are new to SB840 or know “just a little”, no problem pardner. Let me start from the start. SB840 is a State of Texas law that went into effect on Monday, September 1st. This bill is so significant because it rides roughshod over local zoning to allow for high density residential developers and big developments - in places it wasn’t ever allowed before by the city. And SB840 impacts about 20 cities in Texas….for now. All the biggies. Millions of people. We have a city list right here.
SB 840: The Game Changer & Why So Much Fuss?
This is the big one. Senate Bill 840 means apartments can now be built "by right" in any commercial zone. No public hearings. No rezoning. No city council vote.
That strip mall down the street? It can become a 200+ unit apartment complex tomorrow. That vacant office building? Same deal. That older 6-unit building on the corner? The new owner might tear it down and max out the density under SB 840.
Your city council can't stop it. Your neighbors can't protest it. It's now State Zoning, period. But wait, folks in some cities gathered together, did some jumping and screaming to their local elected types because they did not vote for this. You know what happened? Those elected types made new rules to “supplement” the State’s own SB840.
The Rebels:
Here is my opinion on cities that are feeling just fine being a bit rebellious when it comes to SB840:
Arlington
Grand Prairie
Irving
McKinney
Plano
Of all those on this list, Irving wins the prize for its idea to go BIG and require SB840 developments to have at least 8 stories, upping the ante from a mere 45 feet (8 stories is more like 80 feet).
Next, I give a shoutout to Grand Prairie for adding fitness to the requirements for SB840 projects. We’re talking trails and Olympic sized pools.
Cities must allow at least 36 units per acre (that's dense) so Plano took the punchbowl away and said “no more density” we just give dimensions for where the building can go.
Cities can only require one parking space per unit but then the idea to add “charging stations” got popped into the requirements, throwing a rachet into the plan.
No traffic studies required (goodbye, traffic planning) - that is one issue no city has found a workaround for as far as I can tell.
If the building meets code, it gets approved—automatically - but cities can say “add a screening wall and landscaping” and some of these have like McKinney.
We offer a city list with handouts by city on the right-hand side of our Resources page. Click on the city name to discover the wonders of short-hand - does the city view SB840 citywide or just in commercial? Where is their handout?
The Stoics:
These ones are not rebellious but not really really trying to kiss-up to the State either. Here are the two so far:
Austin
Frisco
Both used the SB840 exception for “heavy manufacturing” in a way that keeps more of their city SB840-free. Funny how the definition could be interpreted so broadly but that, folks, is like judging a bull ride! Neither went in the direction to allow “SB840 citywide” as you’ll read in the next section.
The Goat Ropers
And then you have your goat ropers. The cities that just can’t please ‘Big State’ enough and so they go so overboard in their efforts to implement SB840.
It’s like they think SB840 is a gift. They’re letting it run wild everywhere possible in their cities. Few will be safe from the ravages of building “unlimited density.” Look out, if you live in or near these top ropers:
Dallas
Fort Worth
San Antonio
Dealers Choice: Protections “baked into SB840”
Historic districts get some protection
Properties within 1,000 feet of heavy industrial or 3,000 feet from airports/military bases are exempt
HOAs and private deed restrictions may still apply
Stormwater rules, impervious coverage and building codes still exist (FEMA flood zones are federal—they don't care about state laws)
Looking to Move in or to Texas?
Folks looking to move to Texas for the first time or moving from one city to another within Texas, you gotta pay attention to SB840.
Is your heart set on a little home with a yard and neighbors with something similar? Pay extra attention then if you are wanting to feel some urban cowboy and end up in the SB840 list of cities. Of course, if your city of choice is under The Rebel list, you might have some fun there with rowdy people!
Call the city planning department and ask them questions - this is your opportunity to do your learning before you put you money down on a property only to find out, the shadow of SB840 lurks around the block. Don’t do it!
Wanting to Stay?
For folks already in a SB840 city and living in a house, yes a single family one, you may start to notice things changing. I’m especially sorry for those in Dallas. Yes, I am. I don’t like to be the one to tell ya but it sure seems you’ve drawn the short straw. You see, Dallas has gone so far as to say SB840 is ok in your "agricultural" zoning districts.
For y’all just doing your best and keeping your head above water, I’ve got an idea. A way to think about how to stay where you live but avoid the SB840 effect. Take a moment to first see what you have.
Is your home in a district with an official historic district label? Great for you.
Are you in an HOA that actually can defend itself? Great for you.
If you aren’t, could you consider putting a district together? You know, 50-years-old may be the new 30 to some when it comes to health and such. But in zoning 50 means “way up there” and you can often get a few neighbors together to say “we’re old” and we want historic status.”
Any chance you live near “heavy manufacturing” or the airport? You may be thankful cause those are locations where SB840 is not ok per State of Texas.
Bottom line:
Check if your city added special protections - we put the list together so it’s nice and easy. Admission: we got more to do in this area but it is a fine start and you can always, always, contact your city planner and ask them. I’ve been doing that myself!
Where. you are is gonna help you think this through. If you have historic protections, you might just be kissing the ground or marker on your nearby historic designated cultural something.
If you’re in a gentrifying area, you know the ones with lots of new and not so new? You may not have as much protection going for you. Sorry.
Talk to neighbors, the ones you like and the ones that you may not like so much but should find out what they know about SB840.
“Just Gimme the Bottom Line”
The state just stripped cities of their most powerful tools for controlling development. State Zoning now trumps local control. There are SB840 cities (Stoics), those protecting Single Family (Rebels) then there are extra-extra SB840 cities (Goat Ropers).
For those in Dallas, I know you've suffered. Between the ForwardDallas stuff and let’s not forget Pepper Square. After such a rough ride, folks may decide to hang up their chaps. Between you and me, I sense that some involved in SB840 (and I’m building my list of non profits and individual law makers) just might want to see you move.
Is SB840 the way to churn single family homes into dense apartments? I know SB840 doesn’t apply to the R-1 zoning district but with ForwardDallas and its efforts - I just read about public comments and most are heavy on density. Is a house and yard the new horse and buggy?
SB840 is not the bill for the small-time developers or a place for the “missing middle” to make a stand. Yep, that notion that was once paraded around as the answer to '‘find” the housing units “gone missing” just didn’t have the drive power.
It’s just plain Wild West stuff folks and people are doing what people do when feeling the pain. Could there ever be a referendum on SB840 and placed on the ballot? Now that would be a ton of fun!
