Bolthole Index

Madison County, Texas

Building permits, zoning and septic rules in Madison County, Texas

72Index Score / 100
#35 of 254 in Texas

Unincorporated Madison County, Texas has no zoning ordinance, and the county does not show a general building-permit requirement for an ordinary house12. Septic systems generally need county approval, and development in a Special Flood Hazard Area requires a floodplain permit before work begins34.

At a glance

Building permit
Not shown as required; the county's permits page lists no building permit2
Zoning
None; Texas gives Madison County no zoning authority1
Septic permit
Required through the county Wastewater Office; residential permit fee is $40056
RV / tiny home living
Unrestricted by county zoning on your own unincorporated land1
Minimum home size / setbacks
None set by the county1
Driveway / culvert permit
Required from your precinct commissioner; no application fee7
Floodplain development
Permit required in a Special Flood Hazard Area before work starts4
Land division outside a city
Platting is required with exceptions for agricultural use and larger tracts8

Who to call

Septic permits

Madison County Wastewater Office

OSSF (septic) permit applications, fees and inspections for Madison County

936-348-2152

[email protected]

101 W. Main, Suite B-22, Madisonville, Texas 77864

Also useful

Madison County Rural Development / 9-1-1 Addressing Office

New 9-1-1 address assignments and house-sign orders; the county's driveway access permit tells applicants to send it a copy of the form for any new address on a new driveway

936-348-3810

[email protected]

101 W. Main, Suite B-13, Madisonville, Texas 77864

Roads & driveways

Madison County Commissioners Court (Precinct Road Departments)

Approves driveway and culvert permits by precinct; contact the commissioner for the precinct where the property sits

936-241-6200

103 West Trinity, Madisonville, TX 77864

Contact details are copied from each office’s official page and were checked against it on September 29, 2026.

Do you need a building permit in Madison County, Texas?

Madison County's own permits page lists addressing house signs, water line agreements, electric permits, solar electric waivers, septic permits, food establishment permits, driveway access permits and a floodplain development permit, but no building permit for an ordinary house2. That silence is the closest thing to an answer the county's site gives; it does not separately state that building permits are exempt, only that none is listed among the permits it issues2. Texas law would let Madison County's commissioners adopt state residential building standards by resolution once county population passes 100, and Madison County's population of 13,742 clears that bar910. Nothing on the county's site shows that Madison County has adopted such a resolution, so confirm directly with the Wastewater Office, which fields the county's permitting questions, before you build11. If your land sits inside the City of Madisonville rather than the unincorporated county, the city is a separate authority for building and zoning; check with the city directly, since this guide covers unincorporated land.

Who handles permits in Madison County, and how do you reach them?

Madison County has no separate building or zoning department; septic permitting runs through the Wastewater Office at 101 W. Main, Suite B-22, Madisonville, Texas 77864, phone 936-348-2152, where Tom McWhorter is the designated representative11. New 9-1-1 addresses and house-sign orders go through the Rural Development / 9-1-1 Addressing Office at 101 W. Main, Suite B-13, phone 936-348-381012. A floodplain development permit application is also posted on that office's page, though the county's site does not name a dedicated floodplain administrator12. Driveway and culvert work needs sign-off from the commissioner of the precinct where the land sits, reachable through the county courthouse switchboard at 936-241-6200 with the extension for that precinct13.

Does Madison County have zoning?

Unincorporated Madison County has no zoning ordinance, and Texas law does not hand counties general zoning power outside a short list of special districts that do not include Madison County1. That means the county sets no minimum home size, no minimum lot size, no setbacks and no lot-coverage limit on unincorporated land1. It also means the county does not restrict living in an RV, a tiny home, a manufactured home or an accessory dwelling on your own unincorporated parcel1. The county's own driveway permit application even lists "Single Mobile Home or RV" as a normal type of entrance to plan for13. If your land is inside the City of Madisonville, that changes: the city is a separate authority, so confirm its own zoning and permit rules with the city rather than the county.

How do septic permits work in Madison County?

Madison County itself administers OSSF (septic) permits through the Wastewater Office and its designated representative511. A permit and approved plan are generally required for a septic system or holding tank, including an off-grid setup; boreholes, cesspools and seepage pits are prohibited3. A single-family dwelling on at least 10 acres may qualify for an exemption only if every state condition is met, including keeping every part of the system at least 100 feet from the property line3. A residential OSSF permit costs $400, and payment must be by check or money order rather than cash6. Only 3.2% of Madison County soils are rated without severe limitations for a conventional drain field, so many sites may need an engineered or alternative system14. The installer must give at least five working days' notice before the required construction inspection15.

Can you live in an RV or tiny home on your land in Madison County?

Yes, on unincorporated land in Madison County the county sets no zoning rule against living in an RV, a tiny home or a manufactured home, because the county has no zoning ordinance to write one1. The county's driveway application lists "Single Mobile Home or RV" as an entrance type13. No-zoning does not mean no sanitation rule: an RV or tiny home using a septic system or holding tank generally needs a permit and approved plan from the Wastewater Office, unless the site meets every condition of the narrow state exemption311. A new driveway also needs precinct-commissioner approval13. Deed restrictions or subdivision rules can still limit RVs or tiny homes even where county zoning does not, so check the plat and restrictive covenants before buying.

Building a home in Madison County: the steps, in order

  1. Confirm the parcel is in unincorporated Madison County rather than inside the City of Madisonville, where separate rules may apply1.
  2. Determine whether the site is in a Special Flood Hazard Area; if it is, obtain the county floodplain development permit before starting any work4.
  3. Contact the Wastewater Office to plan the septic system; only 3.2% of county soils are rated without severe limitations for a conventional drain field1114.
  4. If dividing land outside a city, confirm the platting requirement and any agricultural-use exception816.
  5. Call the precinct commissioner before driveway or culvert work begins137.
  6. Request a new address through the Rural Development / 9-1-1 Addressing Office12.
  7. For access to a state highway, submit Form 1058 to TxDOT before construction17.

What to check before you buy land in Madison County

Water: we could not confirm whether a groundwater conservation district regulates private wells in Madison County, so ask the county before counting on a well. Flood: determine whether the parcel lies in a Special Flood Hazard Area, because covered development needs a permit before work starts and cannot be occupied until the county issues a Certificate of Compliance4. Soils: only 3.2% of county soils are rated without severe limitations for a conventional septic field14. Access: county-road driveway work needs precinct approval, while state-highway access goes through TxDOT717. Costs: typical home insurance is about $1,948 a year, the effective property tax rate is about 1.2%, and the median property-tax bill is about $1,722 a year181920. Rural land is around $4,028 an acre21.

Watch-outs

  • The county's permits page lists no building permit, but that is an absence, not a stated exemption; confirm directly with the Wastewater Office before you build112.
  • Madison County's subdivision regulations were published as a working draft for a 30-day comment period with no listed approval date, so confirm current, final platting rules with the county before you divide land8.
  • Only 3.2% of Madison County's soils carry no severe limitation for a conventional septic drain field, so get a site evaluation before you assume a standard system will work14.
  • A floodplain development permit expires if work does not begin within six months, and covered development cannot be occupied until a Certificate of Compliance is issued4.
  • Land inside the City of Madisonville is not covered by this guide's "no zoning" answer, which applies only to unincorporated Madison County; the city is a separate authority for building and zoning1.

Sources

  1. Texas law on county zoning and building authority
  2. Madison County TX - Permits (2026 county census)
  3. Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
  4. Madison County - Floodplain, quoted and re-checked
  5. Madison County Texas — Wastewater Office, quoted and re-checked
  6. Madison County OSSF Permit Fees, quoted and re-checked
  7. Madison County Driveway Access Permit Application and Policies, quoted and re-checked
  8. Madison County, Texas — Subdivision Regulations, quoted and re-checked
  9. Local Government Code Chapter 233, County Regulation of Housing and Other Structures (Texas statewide rule), quoted and re-checked
  10. County population: Bolthole Index county data
  11. Madison County Wastewater Office (co.madison.tx.us)
  12. Madison County Rural Development / 9-1-1 Addressing Office (co.madison.tx.us)
  13. Madison County Commissioners Court (Precinct Road Departments) (co.madison.tx.us)
  14. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  15. Chapter 285 — On-Site Sewage Facilities, quoted and re-checked
  16. Madison County, Texas — Subdivision Regulations, quoted and re-checked
  17. Section 4: Driveway Permits, Design, and Materials (Texas statewide rule), quoted and re-checked
  18. Typical home insurance premium: Bolthole Index county data
  19. Effective property tax rate: Bolthole Index county data
  20. Median property tax bill: Bolthole Index county data
  21. Farmland value per acre (USDA census): Bolthole Index county data

Written September 29, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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County locator

Madison County in Texas

72
County map
Madison County highlighted among the Texas counties · colored by Index score

How Madison County scores

Seclusion53100% ev.
Self-Sufficiency56100% ev.
Admin Boringness8290% ev.
Durability47100% ev.
Property Autonomy71100% ev.
Carry Cost74100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$290kTypical home
1.2%Property tax
$4,028Land / acre
44.3"Annual rain
16.8% of yrsSevere drought
39.6 / yr (+27.8)Mid-century 100°F days
20 daysMid-century dry spell
2.42" (+5%)Mid-century 1-day rain
1.41×Wildfire change factor
100%Forward climate coverage
$1,948Home insurance / yr
0.3% / yrInsurance growth
0%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
9,521People within 30 min
7,031,400People within 2 hr
14,926Radius comparison (15 mi)
29.5People / sq mi
0%Federal land
100%Land at 15% slope or less
3.2%Septic soil without severe limits
9,455 acWorkable land screen
23.3%Wooded land
25 tonsBiomass / forest ac
67.4°FAvg temp

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Answers from the rulebook for Madison County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Madison County rules

  • Zoning districts · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Minimum dwelling size · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Minimum lot size · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Setbacks · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Lot coverage · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Building height · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Living in an RV · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Camping on your land · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Tiny homes · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Manufactured homes · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Accessory dwellings · by state lawNo county rule

    Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • Who permits septicCounty

    OSSF/septic permitting and administration in Madison County, Texas.

    • The county page identifies a Wastewater Office and Designated Representative and provides the county septic permit application.
    • Incorporated municipalities or other separately authorized jurisdictions may have different permitting arrangements.
    “Wastewater Office Designated Representative Tom McWhorter [...] Septic Permit Application (click to view)”
  • Septic inspectionRequired

    Construction inspections for OSSFs permitted by Madison County, Texas.

    • The installer must notify the permitting authority at least five working days before the OSSF will be ready for inspection; Monday through Friday excluding holidays.
    • The authorization to construct is valid for one calendar year. If the installer does not request a construction inspection within that year, the authorization expires and a new application and application fee are required before installation, unless the owner decides not to install the OSSF.
    • The permitting authority must conduct a construction inspection.
    • If the OSSF fails, it cannot be used until it passes inspection; a reinspection fee may be assessed and must be paid before reinspection.
    • No planning materials, permit, or inspection is required under the 10-acre exception only when all listed Chapter 285 conditions are satisfied: single-family dwelling on 10 acres or more, no nuisance or groundwater pollution, all parts at least 100 feet from the property line, effluent disposed of on the property, and the single-family dwelling is the only dwelling on the tract.

    inspection notice: >= 5 working days (Monday through Friday, excluding holidays) · authorization-to-construct validity: 1 calendar year (From issuance)

    “The installer shall notify the permitting authority at least five working days (Monday through Friday, excluding holidays) before the date the OSSF will be ready for inspection. The permitting authority shall conduct a construction inspection.”
  • Agricultural exemptionAvailable (with conditions)

    Plat requirement for a land division in unincorporated Madison County when every daughter tract will be used primarily for agricultural, farm, ranch, wildlife-management, or timber-production purposes.

    • A plat is not required only if every daughter tract is to be used primarily for the specified agricultural, farm, ranch, wildlife-management, or timber-production use.
    • If any daughter tract ceases to be used primarily for the qualifying use, the platting requirements apply to that daughter tract.
    • If all lots are for agricultural use but the division does not meet Sections 5.3 and 5.4, the exception does not apply and the division must be platted.
    • The regulations require documentation of an exception under Section 3.22.
    • The source is labeled a working draft for a 30-day comment period beginning 09/10/24; its approval-date field is blank, so current final adoption status should be confirmed.
    “A plat is not required if every daughter tract is to be used primarily for agricultural use, as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use within the meaning of Section 1-d-1, Article VIII, Texas Constitution.”
  • Subdividing landRegulated (with conditions)

    Subdivision of land outside the corporate limits of any city in Madison County, Texas.

    • Every owner of a tract situated without the corporate limits of any city in Madison County must prepare a subdivision plat when the tract is subject to the platting requirement.
    • The regulations contain exceptions to platting, including agricultural use, family grants, tracts of ten acres or more, sales to veterans, state-government sales, adjacent lots, partitions, and other listed exceptions.
    • Private-road subdivisions require an explicit variance from Commissioners Court.
    • The source is labeled a working draft for a 30-day comment period beginning 09/10/24; its approval-date field is blank, so current final adoption status should be confirmed.
    “Every owner of any tract of land situated without the corporate limits of any city in Madison County, Texas, must have a plat of the subdivision prepared if the owner divides the tract in two or more parts”
  • Driveway accessLimited

    Access driveways constructed on or affecting Madison County road right-of-way.

    • A permit is needed for a new driveway; installing a culvert; changing a dirt driveway to concrete or asphalt; doing any work with the county right-of-way from county road to fence; removing asphalt or concrete; or widening a driveway.
    • A permit is not needed for adding a layer of gravel to an existing gravel driveway, seal coating an existing asphalt driveway, or general maintenance not involving resurfacing of an existing driveway.
    • No driveway construction may commence before consultation with the applicable precinct commissioner, permit submission, and preliminary approval.
    • A survey or site map is required for preliminary review; additional drawings may be required before issuance.
    • A TxDOT permit is necessary if the driveway is installed on a state-maintained roadway.
    • The owner/applicant is responsible for costs and liabilities, and the county may require a culvert; the stated minimum culvert length is 24 feet and minimum diameter is 15 inches.

    minimum culvert length: >= 24 feet · minimum culvert diameter: >= 15 inches · driveway access permit application fee: 0 USD (None at this time.)

    “Minimum culvert length is 24’ and minimum diameter is 15”. County Commissioner shall work with the applicant for specific requirements for each location.”
  • Building in a floodplainRequired

    Proposed structural and other development activities reviewed under Madison County Floodplain Management, including development in a Special Flood Hazard Area, floodway activity, fill, grading, excavation, watercourse alteration, drainage improvements, roads, bridges, subdivisions, wells, pipelines, and individual water or sewer systems.

    • No work of any kind may start until a permit is issued.
    • Development may not be used or occupied until a Certificate of Compliance is issued.
    • The permit expires if no work commences within six months of issuance.
    • Other local, state, and federal permits may also be required.
    • The applicant must consent to reasonable inspections required to verify compliance.
    • A site plan and development plans/specifications are required, including applicable anchoring, lowest-floor elevation, flood-resistant materials, utility floodproofing, and enclosure details.
    • An emergency construction-phase plan is required.
    • For a subdivision or other development exceeding 50 lots or 5 acres, whichever is lesser, 100-year flood elevations must be provided if not otherwise available.
    • For activity in a regulatory floodway, a registered engineer must certify that the activity will not result in any increase in the height of the 100-year flood, with supporting hydraulic and hydrologic calculations.
    • If the proposed development is not located in a Special Flood Hazard Area, the application states that no floodplain development permit is required, although the development may still be subject to flooding and adequate mitigation measures should be taken.
    • The permit determination is subject to conformance with Local Law approved 06/13/2011; if conforming, the Local Administrator may issue a Development Permit, and if not conforming, deficiencies are provided with an opportunity to revise and resubmit or request a Board of Appeals hearing.

    permit commencement deadline: 6 months after issuance (The permit expires if no work is commenced within six months of issuance.) · subdivision or other development threshold: 50 lots or 5 acres, whichever is lesser (100-year flood elevations are required if they are not otherwise available.) · regulatory floodway rise: 0 feet increase in 100-year flood height (A registered engineer certification and supporting hydraulic/hydrologic calculations are required.) · local law approval date: 06/13/2011 (The permit determination states whether the activity conforms to the approved local law.)

    “1. No work of any kind may start until a permit is issued. [...] ____ Is NOT located in a Special Flood Hazard Area. Applicant is hereby notified that the application review is complete and NO FLOODPLAIN DEVELOPMENT PERMIT IS REQUIRED. [...] ____ Is located in a Special Flood Hazard Area”
  • Permit feesPublished (with conditions)

    Published fees for identified Madison County-administered OSSF permits and driveway access permits.

    • The OSSF fee schedule is effective October 1, 2025.
    • Residential OSSF permits cost $400; residential modifications cost $200; commercial permits cost $600; commercial modifications cost $300.
    • OSSF payment must be by check or money order payable to Madison County; cash is not accepted.
    • The driveway application states that its application fee is none at this time.
    • The cited sources do not establish fees for every permit type listed by the county.

    residential OSSF permit fee: 400 USD · residential OSSF modification fee: 200 USD · commercial OSSF permit fee: 600 USD · commercial OSSF modification fee: 300 USD · driveway access permit application fee: 0 USD (The application says 'None at this time'.)

    “OSSF Permit Fees Effective October 1, 2025 Residential………………………...$400.00 Residential Modification………….$200.00 Commercial……………………….$600.00 Commercial Modification………...$300.00”
  • Building permitNot required

    The county's permits page lists septic, electrical, solar, driveway, and floodplain permits but no building permit; consistent with Texas counties lacking authority to require building permits in unincorporated areas.

    Madison County TX - Permits ↗Scouted from the county site, not yet independently re-checked

  • County-wide zoningAbsent

    No county zoning is administered; Texas counties generally lack zoning authority in unincorporated areas and none is listed among county functions.

    Madison County TX - Permits ↗Scouted from the county site, not yet independently re-checked

Texas rules that apply here

  • Building code adoptedPartial

    Industrialized housing and buildings, modules, and modular components governed by the Texas Industrialized Housing and Buildings program.

    • The mandatory state code adoption applies to industrialized housing and buildings, modules, and modular components, not all construction statewide.
    • The effective date is July 1, 2024.
    • The International Existing Building Code applies to alterations of portable industrialized buildings.
    • Manufacturers already certified for Texas must have design-package documents reviewed and approved to the new editions with an approval date on or after July 1, 2024, unless the manufacturer elected to transition before the effective date under Department rule 70.70(a)(5)(B).
    • Construction begun on or after July 1, 2024 must comply with the new code editions and approved design packages.
    • Construction begun before July 1, 2024, or before a manufacturer's effective transition date, must meet the stated completion, inspection, and labeling deadline to remain eligible for a Texas decal.

    effective date: 2024-07-01 · International Building Code: 2021 Edition (including appendices C, F, and K) · International Residential Code: 2021 Edition (including appendices AG, AH, AK, AP, AQ, and AT) · International Fuel Gas Code: 2021 Edition · International Mechanical Code: 2021 Edition · International Plumbing Code: 2021 Edition · International Energy Conservation Code: 2015 Edition · National Electrical Code: 2020 Edition · International Existing Building Code: 2021 Edition (for alterations of portable industrialized buildings)

    “July 1, 2024, all industrialized housing and buildings, modules, and modular components shall comply with the following codes, as amended in §70.101 of the IHB Rules:”
  • Septic permitRequired

    Construction, installation, alteration, extension, or repair of an OSSF in Texas

    • A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.
    • A 10-acre exemption may apply only if all listed conditions are met: site evaluation by a TCEQ-licensed site evaluator or professional engineer; single-family dwelling on at least 10 acres; no nuisance or groundwater pollution; all OSSF parts at least 100 feet from the property line; effluent disposed of on the property; and the single-family dwelling is the only dwelling on the tract.
    • Emergency repairs listed by TCEQ do not require a permit but must be reported in writing to the permitting authority within 72 hours after repairs begin.
    • Grandfathered systems may also be exempt if the stated conditions are met.

    minimum tract size for 10-acre exemption: >= 10 acres (single-family dwelling and all other TCEQ conditions must be met) · minimum OSSF distance from property line for 10-acre exemption: >= 100 feet (all parts of the OSSF) · emergency repair reporting deadline: <= 72 hours (after repairs have begun; written report to permitting authority)

    “A permit is required to construct, install, alter, extend, or repair an OSSF. [...] An OSSF may be exempt from permitting if it complies with all other requirements, including planning, construction, and installation standards of 30 TAC 285 AND meets the “10 acre rule”:”
  • Off-grid sanitationLimited

    Off-grid sanitation using an on-site sewage facility, including a septic system or holding tank, in Texas, including Madison County.

    • An OSSF permit and approved plan are generally required to construct, alter, repair, extend, or operate the system.
    • A single-family dwelling on a tract of 10 acres or larger may qualify for the 10-acre exemption only if the listed site-evaluation, nuisance, groundwater, setback, on-property-effluent, and single-dwelling conditions are satisfied.
    • Emergency repairs listed by TCEQ do not require a permit but must be reported in writing within 72 hours after repairs begin.
    • The local permitting program may be more stringent than state minimums.
    • OSSFs that cumulatively treat and dispose of more than 5,000 gallons per day on one property, accept municipal/agricultural/industrial or other Texas Water Code Chapter 26 waste, discharge into or adjacent to state waters, or are new cluster systems are excluded from this OSSF subchapter and may require a permit under Chapter 205 or 305.
    • Boreholes, cesspools, and seepage pits are prohibited for installation or use.

    10-acre exemption threshold: >= 10 acres (Only if all stated Chapter 285 conditions are met) · minimum property-line separation for 10-acre exemption: >= 100 feet (Applies to all OSSF parts) · excluded OSSF treatment threshold: > 5000 gallons per day (On one piece of property)

    “A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.”
  • Permit processPublished (with conditions)

    Constructing a new driveway or revising an existing driveway on the right of way of a Texas state highway.

    • The applicant should contact the local District TxDOT office.
    • The applicant must submit Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way.
    • The application must be for the bona fide purpose of securing or changing access to the owner's property, not parking or servicing vehicles on state highway rights of way.
    • No construction may begin on the right of way until a fully executed driveway permit is received and the applicant gives TxDOT 24-hour notification.
    • The driveway must comply with the executed permit and applicable regulations; TxDOT inspection must find construction satisfactory.
    • Where a local public agency has permitting authority, drainage impacts on the state highway system still require TxDOT approval before local approval.
    • Driveway geometrics, utilities, environmental requirements, wetlands considerations, ADAAG, TAS, and other applicable state and federal laws must be considered.

    required form: Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way · advance notification: 24 hours (Notification to TxDOT is required before construction on the right of way.) · private residential driveway maximum width: <= 24 feet (Except as increased by permissible radii.) · minimum driveway radius to highway pavement: >= 15 feet

    “The applicant shall complete and submit to TxDOT a Form 1058”
  • county zoning authorityLimited

    Texas counties adopting zoning regulations for specified unincorporated or otherwise specially defined areas.

    • Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
    • For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
    • Other Chapter 231 subchapters address special areas including the Amistad Recreation Area in Val Verde County, military zones, certain lakes, the El Paso Mission Trail Historical Area, Lake Somerville, and Falcon Lake in Zapata County.
    • The cited statute was enacted effective September 1, 1987; the Falcon Lake subchapter was added effective June 15, 2007, and amended effective September 1, 2009.

    Padre Island distance from publicly owned park or recreational development: <= 2 miles (Area must be outside a municipality and in Cameron or Willacy County.) · Padre Island distance from beach, wharf, or bathhouse: <= 2 miles (The beach, wharf, or bathhouse must be used by at least 500 persons annually.)

    “This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
  • county building authorityLimited

    Texas counties adopting and enforcing fire-code building permits for specified buildings in unincorporated areas and applying residential building-code standards in certain counties.

    • Under Section 233.061, the county must have a population over 250,000 or be adjacent to a county with a population over 250,000.
    • Under Section 233.062, the fire code applies only to commercial establishments, public buildings, and multifamily residential dwellings consisting of four or more units constructed in an unincorporated area.
    • The fire code does not apply to an industrial facility having a fire brigade that conforms to Occupational Health and Safety Administration requirements.
    • A covered applicant must submit a plan and a commissioners-court-set application fee; the county must issue or deny the permit within 30 days, and failure to act within 30 days approves the construction for purposes of the subchapter.
    • The fire code must conform to the International Fire Code or Uniform Fire Code as those codes existed on May 1, 2005, or establish protective measures exceeding those standards; later editions may be adopted.
    • Residential standards under Section 233.152 apply only if the county adopts a resolution or order and the county is within 50 miles of an international border or has a population over 100.
    • Those residential standards apply only to new single-family-house or duplex construction beginning after September 1, 2009; manufactured or modular structures governed by Occupations Code Chapters 1201 or 1202 are excluded from the definition of new residential construction.
    • A municipality's building code controls in its extraterritorial jurisdiction, and Section 233.152 does not authorize county prior approval of new residential construction or county zoning regulations.
    • Fire-code inspection and permit fees may be charged under a fee schedule based on building type, limited to amounts necessary to administer and enforce the subchapter; inspection fees must be reasonable and reflect approximate inspection costs.

    county population threshold for fire-code authority: > 250000 persons (A county adjacent to a county over 250,000 also qualifies.) · multifamily residential dwelling threshold: >= 4 units (The fire code applies only to covered buildings constructed in an unincorporated area.) · residential-code border distance: <= 50 miles (Alternative qualification is county population over 100.) · application decision period: 30 days (If the commissioners court does not issue or deny the permit within 30 days after receiving the application and fee, construction is approved for purposes of the subchapter.) · residential standards effective construction date: > 2009-09-01 (Applies only to new residential construction that begins after September 1, 2009.)

    “The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code. [...] The fire code applies only to the following buildings constructed in an unincorporated area of the county: (1) a commercial establishment; (2) a public building; and (3) a multifamily residential dwelling consisting of four or more units.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Owner-builder exemption — Owner-builder exemptions from county building-permit or inspection requirements in Madison County, Texas.
  • Inspections — Building inspections in Madison County, Texas.
  • Certificate of occupancy — Certificates of occupancy in Madison County, Texas.
  • Local zoning — Aggregate local zoning across Madison County, including incorporated municipalities and unincorporated areas.
  • Well permit — Private water-well drilling and production in Madison County, Texas.
2 more unanswered
  • Mandatory utility hookup
  • Short-term rentals

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.

Living off-grid in Madison County, Texas

Is Madison County a good place to live off-grid or homestead?

Madison County scores 72/100 on the Bolthole Index, a strong county profile. Its strengths: low administrative friction for a quiet rural property and manageable long-term carry cost.

Do you need a building permit in Madison County, Texas?

Madison County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Madison County (OSSF Authorized Agent under TCEQ). These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

Can you live in an RV or tiny home on your land in Madison County?

Living in an RV on your own land in Madison County is allowed: Unincorporated Madison County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Madison County has no zoning ordinance. The county legal census found no county zoning ordinance, citing co.madison.tx.us. Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits. Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters. A tiny home is allowed. Confirm with the county before relying on it.

How much does land cost in Madison County, Texas?

Land in Madison County runs about $4,028 per acre, based on the latest county data.

What is the water situation in Madison County?

Madison County gets about 44.3" of rain a year, with severe drought in roughly 16.8% of years.

How remote is Madison County?

A representative private-land location has about 9,521 people within a 30-minute drive and 7,031,400 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

Off-grid gear

Going off-grid in Madison County means bringing your own water and power. The kit we’d start with:

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How Madison compares in Texas

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