International Building Codes Govern Georgetown

Did you know that Georgetown has adopted international building codes as the applicable codes for Georgetown? One might think that Georgetown would adopt building codes to fit the unique needs of the city. No, it seems the city thinks "one size fits all" when it comes to building codes. This statement is from the Georgetown Residential code.

"The provisions of the "International Residential Code," 2012 Edition, including Appendixes A, B, C, D, E, G, H, J, K, M, N and P, with the specific local amendments set forth in this Chapter are hereby adopted. In this Chapter, the 2012 International Residential Code shall be referred to as the "Residential Code" and the Residential Code shall establish regulations affecting or relating to structures, processes, premises and safeguards."

Did you know that Georgetown has a 30+ page document governing what a land owner can and cannot do with respect to trees? When a city limits your use of your property through codes and ordinances, that is effectively a "taking" and is prohibited under Article I, Section 17 of the Texas Constitution, which provides that “no person’s property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made.”

Governor Abbott observed in 2015: “Some cities claim that the trees on private property belong to the community, not to the private property owner. Large cities that represent about 75 percent of the population in this state are doing this to us,” Abbott said. Referring to the foundation’s name, he said, “Unchecked over-regulation by cities will turn the Texas miracle into the California nightmare faster than you can spell TPPF.”

A recent opinion piece in the Austin Statesman provides more clarity on the issue. 

"Property rights are an essential ingredient to our free society. Their preservation is reason why the Texas Legislature should act. Landowners must be protected from local government overreach and Texans’ guarded against violations of our God-given rights to life, liberty and private property.

Several pieces of legislation have been filed in the House and Senate to reform the practice. Some of the best bills make it explicit that landowners own all the trees and timber on their land while also prohibiting a governmental entity from creating these kinds of regulations in the first place. All of the bills offer property owners some much-needed reprieve."

City officials and their lobbyists, the Texas Municipal League, are undoubtedly against reducing their power or authority over property owners, but remember, the U.S. Constitution assigns authority to the States and the People, not city governments.