To-Dos and Taboos: A refresher on Covenants and Standards for The Woodlands Township

THE WOODLANDS, TX – One of the hot-button topics in The Woodlands, that particularly rears its head during election seasons, is its status as an unincorporated township. The Woodlands is a master-planned community, not a fully incorporated city. While most home ownership is private, much of the land throughout The Woodlands in both Montgomery and Harris Counties is corporately owned, making some areas private property that would otherwise in a city be considered public property.

While not a city, a governing body in the form of The Woodlands Township and its board of directors manages various aspects of the community's services and standards.

As a special purpose district, the Township provides municipal-type services to the area, including parks and recreation, public safety, and transportation. This is funded through property taxes and assessments, rather than traditional Homeowner Association (HOA) fees in most cases. Deed restrictions and covenants are in place to help maintain the community’s appearance and property values.

A key word here is ‘covenants.’ As a non-city, the Township can neither pass or enact laws or ordinances; the laws are upon and enforced by state, county, and precinct entities such as Wesley Doolittle’s Montgomery County Sheriff’s Office, Rowdy Hayden’s Precinct 3 Constable’s Office, and Montgomery County’s Commissioners Court.

The Township’s Covenants are a set of specific rules that help maintain the community’s appearance and standards. These covenants were originally established by The Woodlands Community Association (WCA), The Woodlands Association (TWA) and The Woodlands Commercial Owners Association (WCOA). In 2010, responsibility for managing these covenants was transferred to The Woodlands Township as part of a governance transition, and they continue to apply to properties throughout the area today.

In your homeowning adventures you’ve probably come across the phrase ‘deed restrictions’ – these are essentially the same thing as our ‘covenants.’ Both terms refer to the rules and standards set for property maintenance and improvements, helping preserve a community's look and value.

According to the Township’s website, the covenants and standards in The Woodlands are designed to achieve several key goals, including encouraging environmental excellence, preserving the design integrity and architectural quality of homes, preventing neighborhood deterioration that can result from unregulated construction and property use, and upholding property values.

All properties within the boundaries of The Woodlands are subject to the covenants and standards, resulting in more often than not the need to apply for a permit for any construction, placement, alteration, or repair of any temporary or permanent structure or improvement on a lot with an existing single-family dwelling. It should be noted that the Township also has Neighborhood Criteria, which establish more specific regulations that vary from one Village to another.

The Township has two separate relevant committees: Residential Design Review Committees and the Development Standards Committee. Each developed village in The Woodlands has a Residential Design Review Committee (RDRC) made up of at least three people elected by the village residents and property owners to serve one-year terms. Committee members serve in a volunteer capacity and represent the resident viewpoint essential to the evaluation and approval process. Each village Residential Design Review Committee meets at least once a month to review property owners’ applications for modifications or additions to their properties. The Development Standards Committee (DSC) has the responsibility to adopt and enforce standards governing property use and maintenance. The committee promulgates rules and regulations that govern The Woodlands. The DSC, which is made up of four residents appointed by the Township Board and three Woodlands Development Company appointees, is the only committee with the power to grant variances. The DSC also reviews requests for improvements on all existing commercial properties.

Key provisions in the Township’s Covenants include covering the topics of:

• Fireworks and Firearms – The sale and use of fireworks and the use or discharge of firearms (including hunting) of any kind whatsoever is strictly prohibited on any property within The Woodlands.
• Garage, Yard & Estate Sales – All three of these types of sales are expressly prohibited. Some provisions have been made in the recent Standards amendments to allow for Virtual Sales and other online platforms to be allowed, provided they adhere to the requirements, allowing for smoother and more family-friendly instances in the case of an estate sale.
• Tree Removal – In an effort to preserve the forested environment and ecological balance of The Woodlands, the Standards regulate allowances for tree removals and require replanting. Rehearing requests or an appeal for tree replants will not be considered unless the owner provides a written document from a certified arborist or other qualified individual with a degree in forestry, identifying that the lot cannot support the replant requirements and the remaining trees on the lot are in good condition and a desirable species.
• Lot Use Restrictions – Without prior approval by the Residential Design Review Committee or its designee, no structure may be used for any purpose other than that for which it was originally approved. The Development Standards Committee reviews considerations for variances.
• Pets – No more than three cats and/or dogs (not counting pre-weaned litters) may be kept outside. Animals must not be allowed to run at large but must be confined to the owner's lot or controlled by a restraint device.
• Trash/Debris – All trash, refuse or recycling containers may be placed near the street edge no earlier than one day prior to waste collection. Emptied containers must be removed from the street, front yard or driveway by the end of the collection day. Containers must be stored on the owner’s property at all times. All trash and refuse containers must be stored out of public view at ground level from the street or alley or adjacent and surrounding properties at all times except during waste collection. No lumber, metals, bulk materials, refuse or trash may be kept, stored or allowed to accumulate on any lot or adjacent areas such as greenbelts or open space areas, drainage easements, vacant lots, etc. Dumping of any materials is expressly prohibited onto any adjacent areas described above.
• Vehicle Parking/Storage – Trailers, trailer homes, recreational vehicles, mobile homes, boats, or other similar vehicles or equipment may not be parked 48 consecutive hours or more on any street or on any lot where visible at ground level from a street or adjacent property. Farm-type tractors, semi-truck tractors and trailers or other similar vehicles are not permitted to be stored on any street or on any lot where visible. Parking on lawns, ditches, open space areas or other dirt, gravel or grassy areas is expressly prohibited.

In light of both summer heat and seasonal storms hitting the area, the question of generators yields some interesting answers. According to Township Covenants, The Woodlands does allow the use of outdoor generators, both portable and permanent, under specific conditions:

• Portable generators are allowed for temporary use only, specifically during power outages or natural disasters. When not in use, portable generators must be stored out of public view.
• Installation of a permanent generator requires a permit from the Township. Installation of permanent generators, like other exterior modifications, requires prior written approval from the Residential Design Review Committee (RDRC) or their staff. Installed generators must be screened from view and kept under six feet in height. Placement should minimize impact on neighbors and may extend up to three feet into rear and side yard easements. Noise levels must be kept within acceptable limits.
• Note that, according to Texas Property Code Section 202.019, HOAs and like entities including The Woodlands Township can regulate standby generators regarding safety and aesthetic standards, but they cannot prohibit their installation entirely.

While the Covenants cover major issues like those listed above, the Township’s Standards cover ‘lighter’ matters, such as colors & materials, exterior lighting, fences, house additions/garages, play structures, pools & spas, satellite dishes, political election signage, and short-term rentals.

To learn more about The Woodlands Township’s Covenants and Standards, including the permitting process, accessing the permit portal, compliance and reporting violations, and frequently asked questions, visit www.thewoodlandstownship-tx.gov/Departments/Covenant-Administration.