Building permits, zoning and land rules in Henderson County, Texas

Unincorporated Henderson County does not generally require a building permit for ordinary construction¹. Development, including new buildings and improvements, in a designated floodplain outside city limits requires a county floodplain development permit¹. Inside Athens, the city has adopted the 2021 International Residential Code and International Building Code with amendments; those adoptions do not establish countywide building codes¹⁰. Henderson County Septic Services handles septic applications countywide, separately from municipal building-code requirements⁴.

For a floodplain development permit outside city limits, contact the Henderson County Development & Floodplain Administration Office at 903-677-7242⁶. The floodplain application asks whether the site is in a floodway and whether a No Rise Certification is attached, and requires compliance with the county Floodplain Ordinance and other applicable rules¹. For a septic application, contact Henderson County Septic Services at 903-257-9057; the department publishes an On-Site Sewage Facilities Permit Application PDF⁴.

Unincorporated Henderson County has no county zoning ordinance². No county zoning rule sets minimum dwelling size, minimum lot size, lot coverage, building height, zoning districts, accessory dwellings, manufactured-home occupancy or temporary camping in unincorporated Henderson County¹¹. All property inside Athens city limits has a zoning designation, with allowable uses and development standards varying across the city's 17 districts³. The Town of Mabank, mainly in Kaufman County but reaching into Henderson County, also sets its own zoning inside town limits¹². Septic applications remain with Henderson County Septic Services for Henderson County addresses, including those inside municipalities⁴. Outside incorporated cities, new buildings must be at least 25 feet from the public-road right-of-way, or 50 feet from a major highway; the absence of zoning does not remove those setbacks⁷.

Henderson County Septic Services publishes the On-Site Sewage Facilities Permit Application PDF; the system type and TCEQ rules determine technical requirements⁴. Texas requires a permit and approved plan to construct, alter, repair, extend or operate a septic system unless an exception applies, with applications submitted to the authorized local agent⁸. About 32.8% of Henderson County soils are rated without severe limitations for conventional septic drain fields; get a parcel-specific evaluation before choosing a system¹³. The state's 10-acre exemption requires a licensed site evaluator or professional engineer's evaluation, a single-family home as the tract's only dwelling, at least 100 feet between every system component and the property line, on-property effluent disposal, and no nuisance or groundwater pollution; local programs may be stricter, so confirm eligibility with Septic Services^4,8. Listed emergency repairs need no permit but must be reported in writing within 72 hours after work begins⁸. A composting toilet must meet the state's NSF/ANSI 41 certification requirements and does not remove otherwise applicable septic requirements¹⁴.

Henderson County's RV-park subdivision regulations define a park as land designed for 4 or more RVs used for dwelling or sleeping, except temporary seasonal hunting camps; the regulations also exempt limited property-owner RV arrangements⁷. A new RV park requires a compliant plat, infrastructure and sewerage provisions, and consultation with the Development Office before construction⁷. The park rules define a tiny home as a residential structure under 400 square feet, on wheels or secured to a foundation⁷. The small-property RV exemption does not waive septic requirements or floodplain development permits where applicable^1,7,8. Ask the Development & Floodplain Administration Office how the park definition applies to a proposed tiny-home grouping^6,7.

Dividing land in unincorporated Henderson County generally requires Commissioners Court approval and a plat filed with the County Clerk before sale, unless an exemption applies⁷. A qualifying agricultural division is exempt only if no streets or other areas are laid out for dedication to public use and the land remains primarily in agricultural, farm, ranch, wildlife-management or timber-production use; complete Appendix T and attach it to the deed filed with the County Clerk⁷. Ending the qualifying use revokes the exemption⁷. The County Clerk publishes a separate Subdivision Fees PDF¹⁵. The regulations list first-tier charges of $1,200 plus $100 per lot, $800 for drainage/floodplain review, $2.50 per linear foot of aggregate street length and $300 for recording; second-tier charges are $800 plus $200 for review and $200 for recording, with fees subject to change⁷. Municipal or interlocal subdivision requirements may also apply in a city's extraterritorial jurisdiction⁷.

1. Start by confirming city limits: Athens zoning and adopted building codes apply within its municipal jurisdiction, while the county floodplain permit applies outside city limits^1,3,10.
2. Check the floodplain designation with the Development & Floodplain Administration Office and obtain any required floodplain permit before construction^1,6.
3. Arrange the septic evaluation and application through Henderson County Septic Services^4,8.
4. Before drilling, contact the Neches and Trinity Valleys Groundwater Conservation District: qualifying exempt wells require registration and payment of required fees or deposits before drilling, while non-exempt wells require a drilling permit⁹. The district's production-fee exception covers domestic or agricultural wells incapable of producing more than 100,000 gallons per day, and its schedule lists an agricultural production fee of $0; a non-exempt agricultural well still needs drilling and operating permits¹⁶.
5. A driveway connecting to a state highway needs TxDOT Form 1058 and a fully executed permit before work in the highway right-of-way¹⁷.

Before buying Henderson County land, get a septic site evaluation rather than relying on countywide soil ratings¹³. Check whether the intended building site lies in a designated floodplain, since that triggers a county development permit outside city limits¹. A state-highway driveway needs TxDOT approval and must meet its design standards, including a private residential width of up to 24 feet and a pavement-connection radius of at least 15 feet¹⁷. Henderson County's effective property tax rate is about 1%, with a median annual bill near $1,859¹³. If a purchase depends on an agricultural subdivision exemption, confirm that Appendix T accompanies the deed and that continued qualifying land use fits your plans⁷.