Clearing land and erosion control in Austin: what you need before you start

Last verified August 6, 2026 against the Austin Land Development Code · Kimbrough Gray · KiliGray Homes

Clearing vegetation is prohibited unless the director determines it accords with a released plan, is permitted by the clearing sections, or is not development. Temporary erosion controls are required until permanent revegetation is established.

Applies to: All development in Austin. Surveying and geologic testing have a narrow clearing allowance before site plan or final plat approval.

Clearing is prohibited until someone says otherwise

§25-8-321(A) is written as a ban with exits, not a permission with limits: "Clearing of vegetation is prohibited unless the director determines" that it:

is in accordance with a released site plan or subdivision construction plan;
is permitted under §25-8-321 or §25-8-322 (the survey and roadway allowances); or
is not development, as Chapter 25-1 defines that term.

The practical consequence is sequencing. Clearing a site to see what you are dealing with, before a plan is released, is not a neutral act — it is the thing the section starts by prohibiting. On a site with an exemption from site plan, the third limb is doing the work, and that is worth confirming rather than assuming.

The one thing you may clear early. §25-8-321(C) permits clearing an area up to 15 feet wide, or removing a tree of not more than eight inches in diameter, to carry out surveying or geologic testing in preparation for site plan or final plat approval. §25-5-2(B)(5) matches it — that work is also exempt from site plan, unless a tree over eight inches comes out.

The agricultural clearing rule closes a loophole

§25-8-321(B) exists to stop land being cleared under an agricultural pretext ahead of development. Clearing for agricultural operations is prohibited if an application to develop the land for a non-agricultural use has been granted or is pending.

The director may waive that on determining the clearing has a bonafide agricultural purpose and is unrelated to the proposed development, or to the sale of the land for non-agricultural uses.

Worth knowing on the edge of town, where a tract may genuinely be farmed while a development application sits with the City.

How wide you may clear for a road

§25-8-322 permits clearing for road construction after site plan or final plat approval, and caps the width at the lesser of:

twice the roadway surface width; or
the width of the dedicated right-of-way.

For road construction problem areas under 300 feet long, that rises to two and a half times the roadway width. And the director may grant an administrative variance where unusual topographic conditions require it — which is the provision that makes a hillside road buildable.

Erosion controls run the whole length of the job

§25-8-181 is two sentences and both matter. Temporary erosion and sedimentation controls:

are required for all development — no size threshold, no exemption — until permanent revegetation has been established; and
must be removed once it has.

So the controls are tied to revegetation, not to the end of construction. A finished house on a bare lot is still in the window where controls are required.

And §25-8-183 gives a City inspector authority to modify an erosion control or construction sequencing plan in the field — without notice to the permit holder, where the change is a minor upgrade to controls or reflects construction progress. Your approved plan is a floor, not a ceiling.

Your certificate of occupancy waits on the landscaping. §25-8-182 is the provision worth carrying into a program. Development is not complete until permanent revegetation is established and the director has the engineer's concurrence letter and certifies the vegetation for acceptance. Until that happens the City may not issue a certificate of occupancy or compliance, nor accept maintenance of streets, drainage or utilities — unless you and the City have agreed to finish the revegetation within a named period.

What this page does not cover

Three neighboring regimes, deliberately kept separate:

Tree protection. Clearing is an activity; protected and heritage trees are a separate scheme with their own permits, and the critical root zone criteria sit in the Environmental Criteria Manual. The trees page covers both.
Barton Springs Zone. §25-8-184 adds further erosion and sedimentation control requirements there, on top of everything above. Not summarised here — see the Barton Springs page for what else applies in that zone.
Slopes. Where a cut or fill is involved, the gradient and depth limits apply as well, and their revegetation rules are stricter above 33 percent.

Where this catches people

Two places, reliably. The first is early clearing — a buyer wants the lot tidied to see it properly, and that is precisely what §25-8-321(A) prohibits before a plan is released. The 15-foot survey allowance is narrow and specific, and it does not cover clearing a lot to look at it.

The second is the certificate of occupancy. Landscaping is the last thing anyone thinks about and §25-8-182 puts it on the critical path — permanent revegetation established, engineer's letter in, director's certification. On a job finishing in high summer, that is a real scheduling problem, and the named-period agreement is the release valve worth raising before it becomes urgent.

The field modification power is worth telling clients about too. An inspector can upgrade your erosion controls without notice, and arguing that the approved plan said otherwise is not a position the code supports.

Common questions

Can I clear my lot before getting a permit in Austin?

Generally no. §25-8-321(A) prohibits clearing vegetation unless the director determines it accords with a released site plan or subdivision construction plan, is permitted by the clearing sections, or is not development.

How much can I clear for a survey in Austin?

Up to 15 feet wide, and you may remove a tree of not more than eight inches in diameter, for surveying or geologic testing in preparation for site plan or final plat approval.

When can I remove erosion controls in Austin?

After permanent revegetation has been established — and at that point §25-8-181 requires them to be removed. They are required for all development until then.

Does landscaping delay a certificate of occupancy in Austin?

It can. Under §25-8-182 development is not complete until permanent revegetation is established and certified, and the City may not issue a certificate of occupancy until then, unless an agreement is in place to complete revegetation within a named period.

Can an Austin inspector change my erosion control plan?

Yes, in the field and without notice, where the change is a minor upgrade to controls or reflects construction progress, under §25-8-183.

How wide can I clear for a road in Austin?

The lesser of twice the roadway surface width or the dedicated right-of-way width — rising to two and a half times the roadway width for problem areas under 300 feet long, with an administrative variance available for unusual topography.

Send us an address and we will tell you what we find

We do this research ourselves on every project we take on — zoning, floodplain, watershed, trees, whether it is a legal lot. Send us an address and we will run it and tell you what we find. It works the same whether you own a vacant lot, a house you are thinking of adding a unit to, or a house you are thinking of replacing. No charge and no strings, and if it is a bad lot we will say so.

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We are homebuilders, not the City of Austin. This page explains how we read the code in practice — it is not legal advice and it is not an official determination. Always confirm with Austin Development Services before you rely on it for a project. The authoritative text is the Austin Land Development Code; permitting questions go to Austin Development Services Department.