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New Braunfels regulates sound under Sec. 82-9 of its Code of Ordinances. Within 100 feet of residential zoning, sound may reach 85 decibels from 10 a.m. to 10 p.m. and is limited to 75 decibels at all other times. The ordinance was last substantially revised in 2015.
New Braunfels does not publish a stand-alone clock-based construction-hours window in its noise rules. Construction noise is governed by the general decibel standards in Sec. 82-9, which allow up to 85 decibels from 10 a.m. to 10 p.m. within 100 feet of residential zoning and 75 decibels at all other times.
New Braunfels treats persistently barking or noisy animals as a public nuisance under Chapter 6, Animals. An animal that unreasonably annoys people or substantially interferes with residents' enjoyment of life or property may be declared a nuisance and the owner cited. Complaints go to Animal Welfare & Rescue / Code Compliance.
Aircraft noise in flight is regulated exclusively by the FAA under federal law (49 U.S.C. 40103, 14 CFR Part 36, 91, 150). Texas cities and counties cannot impose noise limits on aircraft operations, though they may regulate ground-based airport activities through Texas Transportation Code Chapter 22.
The possession, use, sale, or discharge of fireworks is illegal inside the New Braunfels city limits. Violations are a Class C misdemeanor punishable by a fine of up to $500, and fireworks may be confiscated. Fireworks remain legal in unincorporated Comal County (outside the city).
Open burning is not allowed inside the New Braunfels city limits. The Fire Marshal may issue a burn permit only when all requirements of the adopted International Fire Code (2021 IFC Section 307) and Texas Commission on Environmental Quality (TCEQ) rules are met. Backyard recreational fires are treated separately and are allowed under conditions.
Backyard recreational fires are allowed in New Braunfels under the Fire Department's published conditions: the fire cannot exceed 36 inches in diameter or 24 inches in height, must stay at least 25 feet from a structure (15 feet for chimineas), must be constantly attended with a way to extinguish it, and may burn only dry natural material.
Under Sec. 6-51 of the New Braunfels Code, all dogs, cats, and other animals must be kept under restraint and may not run at large or stray. The city also requires registration of dogs and cats over 4 months old that have a current rabies vaccination. Unrestrained animals can be impounded.
New Braunfels allows backyard hens through a permit program: up to five hens (no roosters) in R-1 through R-4 zoning on lots of at least 5,000 square feet. A separate general rule allows fowl on large tracts (40,000+ sq ft, up to 50 fowl per 40,000 sq ft), kept at least 100 feet from any neighboring residence.
Texas Health & Safety Code 822.047 prohibits any Texas city or county from regulating dogs based on breed. Local breed bans against pit bulls, Rottweilers, or other breeds are unenforceable in every Texas municipality.
Texas Health & Safety Code Chapter 822 Subchapter E governs ownership of dangerous wild animals — lions, tigers, bears, primates, and more. Owners must register with their county or city animal-registration agency and meet liability and caging standards.
Under Sec. 144-5.3-2, fences and walls in New Braunfels may be up to 8 feet tall in residential, multifamily, non-residential, and park areas. In a required front yard, a fence may be no taller than 36 inches, or 4.5 feet if it is at least 50 percent open. Height is measured from the lowest adjacent ground level.
All fences and walls in New Braunfels require a building permit under Sec. 144-5.3-2, and must meet all permit and plan-review submittal requirements, including an engineered foundation when necessary. Fences in public easements need a gate or removable panel for access, and fences are prohibited in drainage easements.
New Braunfels bans parking, standing, or storing oversized vehicles - including RVs - on residential streets and on private property in residential districts (Chapter 126). The ordinance targets vehicles over 20,000 pounds or longer than 22 feet, wider than 8 feet, or taller than 8 feet, with an exception for brief loading and unloading.
Texas Property Code 202.019 prevents HOAs from prohibiting electric vehicle charging stations at a homeowner's dwelling. Owners across Texas may install Level 2 chargers in their garages or driveways subject only to reasonable conditions.
The Texas Cottage Food Law (Health & Safety Code Chapter 437, Subchapter A) authorizes home-based production and sale of certain non-potentially-hazardous foods statewide. Cities and counties cannot prohibit cottage food operations or require permits for them.
Texas Human Resources Code Chapter 42 governs licensing and registration of home-based child care statewide through HHSC. Registered family homes serve up to 6 children under 14, must follow state minimum standards, and cannot be banned solely by zoning.
Texas Health & Safety Code Chapter 757 establishes minimum pool yard enclosure requirements statewide, including a 48-inch fence height, self-closing self-latching gates, and limits on climbable surfaces. The rules apply to multi-unit residential pools across all Texas cities.
Texas Health & Safety Code Chapter 757 sets statewide pool yard enclosure, drain cover, and entrapment prevention standards for residential, multi-unit, and public swimming pools. The rules apply uniformly across every Texas city and county.
Texas Health & Safety Code Chapter 487 limits cannabis dispensing to a small number of state-licensed Compassionate Use Program providers. There are no recreational dispensaries anywhere in Texas, and cities cannot license additional ones.
Texas Health & Safety Code 481.121 makes it a crime to possess or grow marijuana anywhere in the state. Home cultivation is illegal in every Texas city and county regardless of plant count or medical status.
Texas Government Code Chapter 423 preempts local commercial drone rules and FAA Part 107 governs commercial flight nationwide. Texas cities cannot require their own drone permits or fees for Part 107 operators delivering or surveying.
Texas Government Code Chapter 423 occupies the field of unmanned aircraft regulation. Cities and counties cannot adopt their own recreational drone ordinances, though limited municipal rules over takeoff and landing on public property remain.
Texas Labor Code Section 62.0515 expressly preempts municipal and county minimum wage ordinances. The state minimum wage equals the federal floor of $7.25 per hour, and political subdivisions cannot require private employers to pay more, except for their own contracts.
Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.
HB 2127 (2023), the Texas Regulatory Consistency Act, preempts municipal predictive or fair workweek scheduling ordinances. Texas cities cannot require employers to provide advance schedule notice, predictability pay, or rest periods between shifts beyond state law.
Texas authorizes License to Carry (LTC) holders to carry concealed handguns statewide under Government Code Chapter 411. Since 2021, permitless constitutional carry under HB 1927 also allows most adults 21 and older to carry without a license, with municipalities preempted from added restrictions.
Texas Local Government Code Section 229.001 broadly preempts municipal regulation of firearms, ammunition, knives, and related accessories. Cities cannot adopt or enforce ordinances regulating the transfer, ownership, possession, transport, or discharge of firearms beyond narrow exceptions for discharge in densely populated areas.
Texas authorizes open carry of holstered handguns statewide for adults 21 and older under Penal Code 46.02 and HB 910 (2015). Long guns may be openly carried subject to disorderly conduct limits. Municipalities cannot impose additional open carry restrictions.
Texas Penal Code 46.02(a-1) lets any non-prohibited adult lawfully carry a handgun inside a personally-owned or leased motor vehicle or watercraft without a License to Carry, provided the firearm is not in plain view and the person is not engaged in criminal activity or gang membership.
Texas Government Code Chapter 673 requires every state agency and any business that contracts with a state agency to register for and use the federal E-Verify system to confirm the work eligibility of new employees. Private-sector E-Verify use is generally voluntary statewide.
Texas Government Code Chapter 752, enacted by Senate Bill 4 in 2017, prohibits any local entity, campus police department, or jail from adopting sanctuary policies. Local officials must honor federal immigration detainer requests and may not bar officers from inquiring about immigration status.
Texas Property Code Chapter 24 sets the exclusive procedure for residential evictions statewide. Cities cannot require landlords to show 'just cause' to terminate a month-to-month tenancy or refuse renewal, beyond the state's notice rules.
Texas Local Government Code 214.902 forbids cities from adopting rent control ordinances except in narrow disaster-related circumstances approved by the governor. Statewide, no Texas city can cap residential rent increases or set base rents.
Texas Local Government Code 214.902 caps rental registration and inspection programs, and Property Code Chapter 92 sets statewide landlord-tenant disclosure and habitability rules. Texas cities may register rental units only within state limits, and tenant protections apply universally.
Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.
The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.
The Texas Supreme Court in City of Laredo v. Laredo Merchants Association (2018) held that Health and Safety Code Section 361.0961 preempts municipal plastic bag bans. Cities and counties cannot prohibit or restrict retail use of plastic checkout bags as containers or packages.
Health and Safety Code Section 361.0961 also preempts municipal bans on polystyrene foam containers used for food service. The same statute that struck down plastic bag bans prevents Texas cities from prohibiting expanded polystyrene cups, plates, and takeout packaging.
Plastic straw bans by Texas municipalities are preempted under Health and Safety Code Section 361.0961 and reinforced by HB 2127 (2023). Cities cannot prohibit or restrict food service businesses from offering single-use plastic straws to customers.