Texas Land Use & Zoning
Practice Questions & Answers (2026)
Land use and zoning questions on the Texas exam test both general zoning principles and Texas-specific land use controls. The Texas Real Estate Commission (TREC) covers zoning classifications, variances, special use permits, nonconforming uses, and eminent domain. Texas's specific land use laws, including Texas environmental regulations and local zoning ordinances, are tested in the state portion. Candidates frequently confuse variances (permission to deviate from existing zoning) with rezoning (changing the zone itself) — a distinction the TX exam tests repeatedly.
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Texas Land Use & Zoning — Practice Questions & Answers
116 questions on Land Use & Zoning from the Texas real estate question bank. First 10 are free — sign up to unlock all 116.
Q1. In Texas, the power of local governments to regulate land use through zoning is derived from the state's:
Explanation
Zoning authority derives from the state's police power — the inherent governmental power to regulate for the public health, safety, and welfare. Texas has delegated this power to municipalities through enabling legislation.
Q2. Houston, Texas is unique among major U.S. cities because it:
Explanation
Houston is the largest U.S. city without a traditional zoning ordinance. Land use is regulated through deed restrictions, building codes, and other regulations rather than conventional zoning districts.
Q3. A nonconforming use in a Texas zoned community refers to:
Explanation
A nonconforming use (grandfathered use) is a land use that was legal when established but no longer conforms to current zoning regulations. These uses are typically allowed to continue but cannot be expanded.
Q4. A Texas property owner requests permission to build a structure that does not conform to setback requirements. The owner would need to apply for a:
Explanation
A variance is an exception to a zoning ordinance requirement (such as setbacks, lot coverage, or height limits) granted when strict enforcement would cause undue hardship and the relief won't harm the public interest.
Q5. Eminent domain allows the government to take private property for public use. In Texas, the property owner is entitled to:
Explanation
The Fifth Amendment (made applicable to states via the Fourteenth Amendment) and the Texas Constitution require just compensation — typically fair market value — when the government exercises eminent domain (condemnation).
Q6. Texas property that is taken for a public purpose and the owner is not fairly compensated may be subject to a claim of:
Explanation
Inverse condemnation occurs when the government takes or damages private property without formally exercising eminent domain and without paying just compensation. The property owner can sue the government for compensation.
Q7. A deed restriction in a Texas residential subdivision that prohibits commercial use is enforceable by:
Explanation
Deed restrictions (restrictive covenants) run with the land and are enforceable by and against property owners in the subdivision through private legal action. They are private agreements, not public zoning law.
Q8. The Texas Subdivision Act requires developers to file a plat with the county for subdivisions in unincorporated areas. The primary purpose of the plat is to:
Explanation
A subdivision plat is a recorded map that establishes the boundaries of individual lots, streets, easements, drainage areas, and public dedications such as parks within the subdivision.
Q9. A Texas city's comprehensive plan (master plan) differs from a zoning ordinance in that the comprehensive plan:
Explanation
A comprehensive plan (or master plan) is a long-range policy document guiding future development. While zoning ordinances implement the plan and are legally enforceable, the comprehensive plan itself is generally a policy guide rather than a law with direct enforcement.
Q10. In Texas, a special use permit (or conditional use permit) allows:
Explanation
A special use permit (conditional use permit) authorizes a specific use that is not allowed by right in a zoning district but may be permitted if certain conditions are met (such as buffering, traffic mitigation, or hours of operation).
Q11. The Takings Clause of the U.S. Constitution requires that when government regulation goes too far and deprives a landowner of all economically beneficial use, the landowner may be entitled to:
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