05/21/2026
Hays County Residents,
We need your input on an important decision that could significantly impact our groundwater resources. A vote is quickly approaching on a proposed development agreement for the “Hays Commons” project, which spans 340.88 acres in Hays County and is part of a larger 500-acre development extending into Travis County. This property lies almost entirely on the Edwards Aquifer Recharge Zone, an environmentally sensitive area due to its porous, karst geology. Pollutants from development in this zone can easily enter the aquifer with minimal natural filtration.
The Hays County Development Regulations currently limit development over the recharge zone by requiring larger lot sizes to protect the aquifer. However, the property owner, Hays Commons Land Investment, LP, an affiliate of Milestone Community Builders, is requesting a variance to reduce the minimum lot size from 0.75 acres to 0.16–0.20 acres. Milestone argues that clustering smaller lots on flatter portions of the land (near SH 45 SW and RM 1626) will allow them to preserve more land as “open space.”
Clustering development on a site can sometimes be a practical, more environmentally responsible approach, but only if it does not lead to an overall increase in the property’s development intensity and only if it does not lead to more environmental harm.
Nearby residents are raising significant concerns about the proposed Development Agreement, including:
• Spraying Wastewater over Recharge Zone: The developer plans to use the “open space” for sewage disposal by applying treated wastewater effluent under a Texas Land Application Permit (TLAP). This raises serious environmental risks, as the irrigation areas overlap with recharge features that risk contaminating Little Bear Creek, the aquifer, and nearby groundwater wells. The City of Hays, Barton Springs Edwards Aquifer Conservation District (BSEACD), nearby residents, and environmental organizations are involved in a contested case hearing challenging the proposed TLAP.
• Straining Groundwater Resources: The development would rely on pumping up to 128 million gallons of groundwater annually from the Lower Trinity Aquifer, an ancient water source that does not recharge. Our region is facing severe drought, and we must be careful not to exhaust limited water supplies. Notably, Milestone does not have a permit to pump groundwater and BSEACD will not approve such a permit in drought conditions.
• Creating a False Choice: Recently, the developer published an “alternative” preliminary plan featuring larger lots distributed across the property. However, this plan has not been approved by the Commissioners Court and has yet to undergo review by County staff to ensure compliance with floodplain requirements, flag lots, and other regulations. Without such an analysis, it is not a fair comparison to what could be developed in the alternative on the property.
How You Can Participate
Please help us make this decision by making your voice heard. The public hearing will take place during the Hays County Commissioners Court on:
Date: Tuesday, June 9th, 2026
Time: 9:00 AM
Location: Hays County Courthouse, 111 E. San Antonio St., San Marcos, TX 78666
You can attend in person to provide comments or submit written feedback in advance. For more information on how to participate, visit the Hays County website or contact the County Clerk’s Office.
We must work together to protect our groundwater and preserve the creeks and natural spaces that make our county unique.
