Texas House Bill 3556 enhances regulation on tall structure construction for wildlife protection

The Senate Committee on Natural Resources convened on May 21, 2025, to discuss significant amendments to House Bill 3,556, aimed at balancing Texas's development with the protection of its natural resources. The bill specifically addresses the construction of structures exceeding 500 feet in height, which is approximately equivalent to a 50-story building.

Under the proposed committee substitute, individuals planning to build such structures must notify the Texas Parks and Wildlife Department (TPWD) 90 days prior to construction. TPWD is then allotted 45 days to assess the potential impact on wildlife and suggest mitigation measures. If the developer does not agree to these measures, they may propose alternatives within the same 45-day window. However, the original bill allowed developers to proceed without adhering to TPWD's recommendations, a loophole the committee substitute seeks to close.

The substitute introduces a critical enforcement mechanism, allowing TPWD to file a lawsuit to halt construction if it determines that the proposed mitigation measures are inadequate to protect migratory birds. This enforcement capability is limited to the review period and does not grant TPWD the authority to completely prohibit a project; instead, it can require modifications to lessen environmental harm.

The bill's scope is intentionally narrow, applying only to structures over 500 feet tall and excluding counties with populations exceeding 500,000 or cities with populations over 300,000. This focus aims to address the most concerning developments in areas where natural resources are particularly vulnerable.

During the meeting, Senator Middleton raised concerns regarding specific language in the bill related to its geographical applicability, indicating that changes made in the Senate could potentially create procedural issues. The committee also heard from Laura Zebihazy, the Ecological and Environmental Planning Program Director at TPWD, who provided insights into the department's role in enforcing wildlife protection measures.

The discussions highlighted the committee's commitment to ensuring that Texas's growth does not come at the expense of its unique natural resources, emphasizing the importance of collaboration between developers and environmental agencies. The committee plans to continue refining the bill to ensure effective protection for wildlife while accommodating necessary development.