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How to get a county road use agreement and a Chapter 312 tax abatement

Updated

General information, not a substitute for the advice of an attorney.

Who grants it: The county commissioners court (county judge's office), and any school district or city for its own abatement.

When it applies: A road use agreement where the county asks for one for haul routes on county roads; a Chapter 312 abatement if you want one (the county must designate a reinvestment zone and hold a public hearing). Neither is required by state law.

What the application asks for, and where to find it

The application asks forWhere you find itHow
Haul routes and county roads to be usedYour engineerFrom the construction traffic plan; the report's map shows county roads around the parcel.
Pre-construction road condition surveyYour engineerVideo or photo survey the agreement usually requires.
Parcel IDs and acreage in the projectAppraisal district (tax assessor)Appraisal district records; the report's Lease page lists the property ID and acreage for the spot.
Appraised value and current agricultural valuationAppraisal district (tax assessor)The appraisal district's notice; rollback exposure is on the report's Lease page (Tax Code 23.55).
Project investment, jobs, scheduleYou (the applicant)For the abatement application; the county's guidelines say what to include.
Owner consentThe landownerThe owner is a party to the abatement where the land is taxed to them.
What the "where you find it" column means
This site: the land report
Run the spot on the land report; the value is on the page named, with its agency source.
Appraisal district (tax assessor)
The county appraisal district record: property ID, legal description, acreage, owner of record, agricultural valuation. The report's Lease page links it; the Permits page lists the district's phone.
The landowner
Only the owner can supply it: signed authorization, deed reference, existing leases, access, their contact details.
Your engineer
From your civil or electrical engineer: site plan, disturbed acreage, drainage, the electrical one-line, nameplate and inverter data, structure heights.
Surveyor or title company
Boundary survey, legal description for recording, easements of record, title commitment.
The agency's website
The agency publishes it: forms, fee schedules, community numbers, district offices, portal accounts.
You (the applicant)
Your entity details: legal name, address, signatory, contacts, FEIN, insurance.

How to file it

  1. Ask the county judge's office (the report lists the phone) whether the county uses a road use agreement and whether it has Chapter 312 guidelines.
  2. For an abatement, read the Comptroller's Chapter 312 page: the county adopts guidelines, designates a reinvestment zone after a public hearing, then approves the agreement.
  3. File the county's application; attend the hearing; record the executed agreement.

The pages you will use

Open: Comptroller: Chapter 312 abatements →
Comptroller: Chapter 312 abatements (screenshot captured monthly from the agency page)
Open: Tax Code chapter 312 →
Tax Code chapter 312 (screenshot captured monthly from the agency page)

Official pages cited

How-to guidance from the agency pages linked above, not legal advice; forms, fees and offices change, so confirm with the office before filing. The land report fills in the site facts; the rest comes from the sources named in each row.

General information from the sources linked above, not legal, tax, or financial advice.

Sources and helpful links

More official contacts and resources: Helpful links.

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