Texas Bill Impacting Multifamily Land Use, Zoning in Irving Goes into Effect Sept. 1

Senate Bill 840 was passed by the 89th Texas State Legislature on May 21, 2025. Governor Abbott signed SB 840 into law on June 20, 2025, and it takes effect on Sept. 1, 2025.

This law applies only to Texas cities with populations greater than 150,000, in counties with more than 300,000 residents. In total, SB 840 affects just 19 of the state's largest cities, including Irving. Once in effect, it will be codified in the Texas Local Government Code as Chapter 218.

Intent of the Law

Senate Bill 840 significantly reduces local zoning authority by allowing the construction of multifamily apartments and residential mixed-use developments on land that is zoned for office, commercial, retail or warehouse uses. There are only a few exceptions, which include land zoned for heavy industrial use and land located near an airport or other heavy industrial activity.

For new multifamily and residential mixed-use projects, Irving cannot:

1. Restrict residential density below 36 units per acre.
2. Limit building height below 45 feet.
3. Require a setback or buffer greater than 25 feet.
4. Require multilevel parking garages.
5. Require more than one parking space per residential unit.

Response

To comply with the new state law and encourage sustainable, high-quality growth, the city is updating regulations that apply to the construction of new multifamily and residential mixed-use projects. Key changes include:

1. Amendments to the Unified Development Code (UDC): Strengthening standards for multifamily and residential mixed-use projects.
2. New Building Code requirements: Promoting energy-efficient and sustainable building design and construction practices.
3. Adequate Public Facilities Ordinance: Adding to the Land Development Code clear procedures and requirements to ensure new developments have the utility and transportation infrastructure needed to meet minimum capacity standards.

City Council will consider adoption of the UDC amendments, LDC/Adequate Public Facilities Ordinance, Water and Storm Drainage codes at the Aug. 28 City Council meeting.

For more information on SB 840 and how the legislation affects the City of Irving, visit IrvingTX.gov/Multifamily-By-Right.