Texas Practice TestLand Use & Zoning

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.

Practice Questions

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:

A.Texas Real Estate Commission rules
B.Police power as delegated by the state to municipalities
C.Federal zoning enabling legislation
D.Texas Property Code Chapter 5

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:

A.Has the most restrictive zoning code in the nation
B.Has no traditional Euclidean zoning ordinance
C.Requires all development to be approved by TREC
D.Uses only agricultural zoning for undeveloped land

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:

A.An illegal use that must immediately cease
B.A legal use that existed before a zoning change and is allowed to continue
C.A use that requires a variance before it can continue
D.A use that conforms to the new zoning but not the old

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:

A.Special use permit
B.Zoning reclassification
C.Variance
D.Subdivision plat amendment

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:

A.No compensation if the taking is for public benefit
B.Just compensation, typically fair market value
C.Replacement cost of any improvements only
D.Whatever the government offers as final

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:

A.Inverse condemnation
B.Adverse possession
C.Eminent domain waiver
D.Police power exemption

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:

A.TREC only
B.The city government as a zoning matter
C.Other property owners in the subdivision as private covenant enforcement
D.The county appraisal district

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:

A.Set property tax rates
B.Establish lot boundaries, easements, and public dedications
C.Create HOA restrictions
D.Register mineral rights

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:

A.Has the force of law and overrides deed restrictions
B.Is a policy guide for future land use but is not itself legally enforceable zoning
C.Is administered by TREC
D.Can only be amended every 10 years

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:

A.A property owner to violate setback requirements
B.A land use that is not permitted by right in a zoning district but may be allowed with conditions
C.A developer to exceed maximum lot coverage
D.A landowner to subdivide property without a plat

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:

A.A zoning variance
B.Compensation as in a regulatory taking
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