Montgomery County commissioners will vote Thursday, Oct. 8, on a resolution seeking state authority to pass local ordinances in unincorporated areas, including The Woodlands.
The resolution targets land where roughly 78% of the county sits without the regulatory tools available to cities, as Community Impact first reported. The Woodlands, as an unincorporated community, falls squarely in that category.
Under Texas law, counties can exercise only the powers the Legislature gives them. Cities can zone land, regulate development and enforce local codes. Counties cannot.
The resolution argues that gap leaves Montgomery County unable to manage rapid growth straining roads, drainage, utilities and public safety services. It asks for "limited authority tailored to the county's needs" rather than broad regulatory power.
Five areas are listed where ordinances could apply: public health and safety, infrastructure and utility capacity, natural resources, neighboring property and the county's quality of life. Any new authority would include requirements for public input and transparency, according to the resolution.
The resolution also states it would preserve municipal authority within incorporated cities and encourage coordination between the county and those cities.
If approved, the resolution will be sent to the Montgomery County delegation in the Texas Legislature and other lawmakers ahead of the 2027 legislative session.
Montgomery County is not alone in seeking more local control. Hays, Bastrop and Travis counties have also sought or are seeking expanded authority to regulate development in unincorporated areas, according to the Austin Free Press.
Data centers and other large projects increasingly locate in rural, unincorporated land where no zoning restrictions exist, the Texas Tribune reported in June. Gov. Greg Abbott released data center regulatory recommendations for the 2027 session but did not include any proposal to expand county authority over development, according to the Tribune.
The Commissioners Court includes County Judge Mark Keough and Commissioners Robert C. Walker of Precinct 1, Charlie Riley of Precinct 2, Ritch Wheeler of Precinct 3 and Matt Gray of Precinct 4. None have made public statements about the resolution as of Oct. 6.
The meeting begins at 9:30 a.m. and will be livestreamed on the Commissioners Court website.

