Expiration of Applications, Permits & Projects

These policy guidelines are intended to aid in the interpretation of city Code § 1-17 (Ordinance #3755, 8-15-2005), and the administration and implementation of the Community Development Department Policy for Building Permit Application Submittal Requirements. The ordinance and Department policy statement meshes SB 848, HB 265, and HB 574 of the 79 th Regular Session of the Texas Legislature and Chapter 245 of the Local Government Code.

Terms Defined
Review period refers to the time in which the city must grant or deny a building permit in order to collect a fee (HB 265). Expiration period refers to the time during which the applicant must provide sufficient information and meet other prerequisites for permit approval under city code section 1-17 or else have the permit application expire.

Application Deemed Filed When Fee Paid
Payment of the application or plan review fee is the final step in the application process. Until the fee is paid, the permit application shall not be construed as filed. A fee shall not be accepted until the application is complete in all other respects.

Incomplete Applications to be Refused
An employee shall not accept an incomplete application. An “incomplete application” means any document, drawing or form, or package consisting of the same, which lacks any of the requisite information deemed necessary to constitute an application as defined by the city.

Mail or Courier Items Have Special Rules
Items received via the mail or courier purporting to be an application or plan for development, and which do not include a complete application form or application / review fee, shall be brought promptly to the attention of the director.

Payment of Fee Constitutes Building Permit Approval
Payment of the building permit fee is the final step in the permit approval process. Until the fee is paid, the permit shall not be construed as “approved.” “Payment of the Permit Fee” shall always be noted on the list of deficiencies provided within the first 10 business days following the application filing date.

Expiration Period not to be Tolled
An employee is not authorized to toll the running of the 45-day expiration period for any reason. An applicant’s promise to submit documents or pay the permit fee does not save the permit application from expiration.

Costs Incurred When Paid or Charged
Project costs are deemed incurred at the earlier of when paid, or the applicant asks for the fee to be charged to his account, if applicable.

Duration of Review and Expiration Periods Equal
The 45-day review period for building permits runs concurrent with the 45-day permit application expiration period. Extending the review period according to the terms of this policy extends the expiration period by like duration.

Extension for Time to Pay Limited
Rather than unnecessarily deny a permit, the Building Official or Plans Examiners may extend the 45-day review period to accommodate the applicant with time to pay the permit fee. The extension shall be in writing and not to exceed 10 calendar days. If not paid as required, the permit shall be denied and the permit application shall expire.

Extensions Require Approval of Director
Extensions of the 45-day review period, for reasons other than to accommodate the applicant with time to pay the permit fee, shall be approved by the director.