Zoning, building permits and septic rules in Niederwald, Texas

Niederwald’s own rules

• Building permitLimited

  Construction in newly annexed territory temporarily zoned A, Agricultural, inside Niederwald city; general permit rule not located

  • Quote is from the temporary-zoning section for annexed territory; the general permit requirement elsewhere was not located.
  • City secretary or city council issues the permit.

  “without first applying for and obtaining a building permit or certificate of occupancy therefore, from the city secretary or the city council as may be required herein.”

• Building code adoptedAdopted

  Buildings and structures inside Niederwald city (2015 IBC adopted by ordinance; also 2015 plumbing, mechanical, energy, fuel gas, existing building codes and 2014 NEC per title)

  • Local amendments are limited to inserting the city name and a few blanks; fees follow a city council fee schedule.
  • Adopted in 2017 per the ordinance title; a later update was not checked.

  “is hereby adopted as the building code of the city of niederwald, establishing the minimum regulations governing the conditions and maintenance of all property, buildings and structures;”

• Local zoningPresent

  All land inside Niederwald city limits

  • Ordinance No. 120406-B repealed prior Ordinance No. 112398A; hearing was held Dec. 4, 2006; later amendments were not reviewed.

  “the city is hereby divided into twelve (12) zoning districts, the use, height and area regulations as set out herein shall be uniform in each district.”

• Zoning districtsPublished

  Zoning districts inside Niederwald city

  • Districts: A, SF-1, SF-2, SF-3, MH, MF-1, MF-2, LR, GB, LI, HI, PD, plus FP floodplain prefix.

  number of districts: 12 districts (plus FP prefix subdistrict)

  “the city is hereby divided into twelve (12) zoning districts, the use, height and area regulations as set out herein shall be uniform in each district.”

• Minimum lot sizeDistrict specific (with conditions)

  SF-1 single family rural residential district inside Niederwald city

  • Lots of record before adoption may be used for a single-family dwelling.

  minimum lot area: >= 43560 sq ft · minimum lot depth: >= 150 ft

  “on a minimum 43,560 square foot (1.0 acre) lot with the following guidelines:”

  One more reviewed finding on this topic

  • District specific (with conditions) — A Agricultural district inside Niederwald city (typical zone on annexation)

    “allows detached single-family residences and related accessory structures on a minimum one-acre tract.”

• SetbacksDistrict specific (with conditions)

  SF-1 single family rural residential district inside Niederwald city

  • The A district front yard schedule in section 8-401 shows 50 ft; A side and rear yards were not read.

  front and rear setback: >= 30 ft · side setback: >= 15 ft (corner lot side 30 ft)

  “front & rear setback = 30' side setback = 15' corner lot side setback = 30' minimum lot depth = 150'”

• Building heightDistrict specific (with conditions)

  A Agricultural district inside Niederwald city

  • Exceptions in 9-102 apply.

  maximum height: <= 3 stories (see 9-102)

  “a, agricultural three (3) stories except as noted in 9-102”

  One more reviewed finding on this topic

  • District specific (with conditions) — SF-1 single-family district inside Niederwald city

    “sf-1, single-family two and one-half (2-1/2) dwelling stories except as noted in 9-102”

• Manufactured homesLimited

  Manufactured homes inside Niederwald city: not allowed in SF-1, SF-2, SF-3; permitted in MH district

  • MH district permits manufactured homes in a subdivision, a park, and single-family residences on individual lots.
  • Separate 1998-2000 ordinances on manufactured housing exist and were not reviewed.

  “mh manufactured home district: permits manufactured homes in a manufactured home subdivision, a manufactured home park and single-family residences on individual lots.”

• Off-grid sanitationLimited

  On-site sewage facilities in SF-1 rural residential district inside Niederwald city

  • Not allowed in SF-3 district.
  • Must be an approved on-site facility.

  “these lots have water wells, septic systems or other approved onsite private sewage facility.”

• Mandatory utility hookupConditional

  SF-3 single family residential lots inside Niederwald city

  • SF-2 lots must have approved water service and may not use water wells; SF-2 may use septic.
  • SF-1 and A lots may use wells and septic.
  • No distance-to-main rule was located.

  “these lots must have approved water and wastewater service. no water wells, septic systems or other onsite private sewage facility are allowed.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Niederwald or Hays County directly.

• Owner-builder exemption — Owner-builder exemption inside Niederwald city
• Inspections — Inspection of construction inside Niederwald city
• Certificate of occupancy — Certificate of occupancy inside Niederwald city
• Minimum dwelling size — Single-family dwellings inside Niederwald city
• Lot coverage — Lot coverage inside Niederwald city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.