"If the developer comes in, tracts out 100 acres, he puts them in 5-acre tracts, he don't provide service to those tracts, he's not paying to run the water lines to those tracts so they never get run."
John Keen of Southwest Fannin SUD in Savoy said that to the Fannin County Commissioners Court on November 25, 2025, when the court asked how utilities fit into a proposed platting change. He also explained what a full plat does differently: "the utility companies sign off on it before it's approved and before they can sell a property."
Those two sentences explain most of what Fannin County did to its subdivision rules in 2026. Each change moves more small land divisions into a review process where a utility has to commit to service before the tract is sold. For a legacy owner thinking about splitting off a few acres, the biggest new cost is getting a water provider's commitment in writing. The survey and the filing fee are smaller items by comparison.
Four Votes, Nine Months
The changes came one at a time, so landowners who saw only one headline may have missed the full picture.
| Date | What changed | Recorded vote |
|---|---|---|
| Jan. 20, 2026 | Lot-size exception to platting raised from 5+ acres to tracts of more than 10 acres | Item 33 on the amendment log |
| Mar. 3, 2026 | One-time severance exemption removed | Unanimous |
| Mid-Sept. 2026 | New Affidavit of Exception to Plat, $100 application, effective Oct. 1 | 4–1 |
| Sept. 29, 2026 | Amendments covering plat requirements, easements, erosion control and water protection | 4–1 |
Pct. 3 Commissioner Kurt Fogelberg cast the opposing vote on both September items. Development Services Director Di Hopkins told the court that the September 29 package had a favorable review from Hayter Engineering and was recommended by the Fannin County Subdivision Committee.
The Two Shortcuts the County Closed
Before 2026, an owner had several exceptions to choose from, but two of them were the usual routes for selling a small piece of land to an unrelated buyer without a plat. Each one created a different problem for the county.
The first was the 5-acre exception. According to the Fannin County Commissioners Court's November 2025 record, a tract cut into pieces of more than five acres needed no plat, and Keen described exactly how that played out: the tracts were sold, and the question of who would pay to run water lines was "left up to the individuals." Judge Cunningham told the court that "it's not good development to have a bunch of lots that can't get water," and said such lots can "generate business for a Courtroom."
The second was the One Time Severance. For a $250 fee, an owner who was not acting as a developer could convey a tract of less than five acres without a plat. The conditions were that the owner had made no other sub-5-acre conveyance from the parent tract in the previous two years, would make none in the following two years, and that the severed piece had legal and actual access to an established public right-of-way. Because of that two-year window, the "one-time" label didn't hold. "So, it really is not a one-time severance," Commissioner Doug Kopf said in November 2025. Fogelberg's view was that "this seems to be the way to get out of platting."
When the severance came up for removal on March 3, Hopkins called it "an increasing problem" because residential development was adding vehicles to narrow roads. She said she could not find a matching exception in Chapter 232 of the Local Government Code, and that removing it would send those splits through the short-plat procedure. The Subdivision Committee had already voted 8–0 on February 9 to recommend abolishing it.
Why the County Picked 10 Acres Over a Road Setback
The 10-acre threshold did not pass on its first try. In November 2025, Commissioner A.J. Self proposed an alternative: any division along a county-maintained road after a set date would dedicate 30 feet of right-of-way from the middle of the road. That would let the county widen roads as traffic grew without moving the acreage line. Keen answered that this would fix "only half the problem," because a right-of-way dedication does nothing to get water lines built. The court passed on the item to gather more information.
On December 18, 2025, the committee took up the question again and still recommended 10 acres. Its stated reason was that "even with the dedication of the 30ft ROW, we still have an issue of utilities not being brought to subdivisions by developers."
The change also had opponents. At an earlier public hearing, Hopkins read an anonymous protest that said "Change for change's sake is not a good policy" and "The current system is working just fine," arguing that 5-acre lots fit the county's farm-and-ranch character. A local broker also asked the court to table the change for more research. Both objections are on the record. In the end, the county kept the threshold the utility side asked for.
What Still Works Without a Plat
Section 3.1 of the Fannin County Subdivision Regulations still lists several exceptions. The ones most relevant to private rural owners are below, and the section also covers government land and other narrower cases. Each one listed here carries the same condition: the owner does not lay out streets, alleys, parks or other areas for public use or for the use of the buyers.
- Lot size. Every daughter tract is more than 10 acres. A split that leaves 9.8 acres in any one tract does not qualify.
- Family grants. Every lot goes to a relative within the third degree by consanguinity or affinity. That includes children, grandchildren, siblings, parents, and the owner's spouse and the spouse's relatives within that degree. If any lot is transferred to someone outside that circle, the platting requirements apply.
- Agricultural use. Every daughter tract is used primarily for agriculture, or for farm, ranch, wildlife management or timber production under Article VIII, Sections 1-d or 1-d-1 of the Texas Constitution. If that use stops, platting applies.
- Phased subdivisions. The owner keeps one tract and transfers the other to a buyer who will plat any further division.
- Veterans Land Board sales. All lots are sold to veterans through the Veteran's Land Board program.
Some limits apply to all of these. An exception is void if new roads must be built to give a daughter tract frontage, or if access easements are created for neighboring tract owners. Minimum lot frontage and setback requirements still apply. The frontage minimum is 60 feet. Since October 1, claiming any of these exceptions has meant filing an application with a $100 fee. After Commissioners Court approves it, the owner files an affidavit and a survey with the County Clerk. The county takes applications through its online portal. The regulations also say the owner may have to state the basis for the exception "under penalties of perjury" and provide copies of the deeds that created the daughter tracts.
What a 2- to 9-Acre Split Requires Now
A tract of 10 acres or less that doesn't fit one of the Section 3.1 exceptions goes through a plat. For most private sellers, the family, agricultural, phased and veteran exceptions are the ones that come up. For land that already fronts a county road, the shortest route is the short plat, which is available only when the land abuts an existing county road or street with adequate right-of-way and no new roads or public easements are needed. The submittal includes:
- A perimeter survey by a Texas-licensed land surveyor, marked on the ground, plus a topographic contour plan.
- Letters from the water, sewer and electric providers certifying that they will serve the subdivision and giving a schedule for that service.
- A suitability study showing that every lot can meet county rules for on-site sewage facilities, meaning septic systems.
- Fees of $250 plus $50 per lot, engineer fees on top of that, and $800 for drainage plan review.
The utility letter is the item that matters most. The plat cannot move forward until a provider commits to serving the lots, and that commitment is what Keen said was missing from the 5-acre tracts sold without a plat. Well water can work, but it shapes the layout. On one severance the court approved in November 2025, Hopkins explained that a 2-acre tract served by a water well had to be at least 2 acres to accommodate both the well and the septic system.
Timing also matters this fall. Under Texas Property Code 12.002, a plat filed after September 1 must include a current-year tax receipt from every taxing unit, or a statement that current-year taxes have not yet been calculated.
Near the Lakes, One More Approval
The September 29 package came from a request by the North Texas Municipal Water District. The September 24 Subdivision Committee draft defines a "Lake Authority" to include the authorities over Lake Bonham, Lake Ralph Hall and Bois d'Arc Lake. It adds a plat requirement for an approval letter from any adjacent Lake Authority confirming that the subdivision meets its easement and drainage requirements. The draft also refers to a Lake Authority Land Use Plan covering unincorporated land within 5,000 feet of those lakes. The regulations PDF on the county's website is dated September 15, before this vote. Until the county posts the consolidated version, treat the lake language as the recommended draft and confirm the final wording with Development Services.
Questions Landowners Are Asking
Is a 5-acre split I recorded before January 20 now invalid? The amendment log shows the 10-acre rule took effect by vote on January 20, 2026, and the county's records do not describe the change as retroactive. Ask a title company or real estate attorney to review any specific tract.
Can I still give my kids a few acres each without a plat? Yes, under the family grant exception, as long as each lot goes to a relative within the third degree and no shared roads are laid out. Starting October 1, you claim that exception through the $100 affidavit process.
I'm buying a 6-acre tract created this year. What should I ask for? Ask for the recorded plat or the approved exception affidavit, plus the utility letters that support it. Under the 2026 rules, a tract that size created for sale to an unrelated buyer would normally have gone through a plat.
Splitting a family tract in Fannin County now starts with a call to the water provider, then the surveyor, then the county. Bois D'Arc Realty has spent more than 30 years coordinating surveyors, title companies and local providers on divisions like these. If you are weighing whether to sell a parcel under 10 acres or a tract over 10, our broker-led team can walk through the numbers with you before you commit to either. Start Your Country Property Search.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
