McMullen County, Texas has no general building permit for a home, but new construction within a mapped flood hazard area needs a floodplain development permit returned to the County Judge's office12. McMullen County also has no zoning ordinance, and Texas law gives it no legal power to adopt one, so land use, RV living, tiny homes, setbacks and minimum lot size are unrestricted by county zoning here3. Any new septic system still needs a permit through the county's OSSF program4.
At a glance
- Building permit
- Not required countywide; a floodplain development permit applies only in a mapped flood hazard area ($50 single-family / $300 commercial per the county's published fee schedule)15
- Zoning
- None -- Texas law gives McMullen County no zoning authority63
- Septic permit
- Required for new OSSF systems, through the county's OSSF program47
- RV / tiny home living
- Unrestricted by county zoning, since the county has no zoning authority3
- Setbacks / minimum lot size
- None published -- no county zoning authority sets these3
- Well permit
- Exempt under the McMullen Groundwater Conservation District if production stays under 25,000 gallons a day8
- Driveway onto a highway or FM road
- TxDOT permit (Form 1058) required; the county page does not require a permit for driveways onto county or private roads9
Who to call
Floodplain permits
McMullen County Judge's Office (County Court)
Floodplain development permit applications for McMullen County, and general county administration
501 River Street, Tilden, Texas 78072
Septic permits
On-site sewage facility (OSSF / septic) permit applications and inspections for McMullen County
Contact details are copied from each office’s official page and were checked against it on September 24, 2026.
Do you need a building permit in McMullen County, Texas?
McMullen County has no general countywide building permit for a home1. New construction, additions, relocations, demolitions, replacements and manufactured-home placement within, partially within, or adjacent to a mapped area of special flood hazard do need a floodplain development permit, returned to the County Judge's office10. The county's published floodplain fee schedule lists $50 for a single-family residence and $300 for commercial, industrial or other activity5. Outside a mapped flood hazard area, Texas law does not give most counties general building-code authority: only a county with a population over 250,000, or one adjacent to such a county, may adopt a fire code covering commercial buildings and larger residential buildings11. McMullen County's population is about 568 people, far below that threshold, so this state authority does not reach it12.
Who handles floodplain and permit questions in McMullen County?
The McMullen County Judge's office administers floodplain development permits, and the county's own materials name this office as where a flood-zone application is returned132. Reach the office at 361-274-3900, 501 River Street, Tilden, Texas 7807213. McMullen County has no separate building, zoning or planning department -- for anything outside floodplain development and OSSF (septic) permitting, ask the County Judge's office directly, since county materials do not name a different permitting office13.
Does McMullen County have zoning?
McMullen County has no zoning ordinance6. Texas law gives county zoning authority only in a short list of specific, narrowly defined places elsewhere in the state, and McMullen County is not one of them, so the county has no legal power to zone3. Because the county has no zoning authority, it sets no minimum lot size, setback, lot-coverage or building-height rule for unincorporated land, and accessory dwelling units are unrestricted by county zoning3. That is a real, confirmed answer here rather than a gap in the county's paperwork -- Texas state law is what removes McMullen County's zoning power, not an unfinished ordinance3.
How do septic permits work in McMullen County?
McMullen County requires a permit to construct, install, alter, extend or repair an on-site sewage facility (OSSF), administered through the county's OSSF program7. The permitting authority may enter the property to evaluate the lot and inspect the system, and a permit to operate is granted only after a successful inspection14. Reach the McMullen County OSSF program at 361-449-804314. Texas's statewide 10-acre rule can remove the permit requirement for a single-family home: the tract must be 10 acres or larger, every part of the OSSF must sit at least 100 feet from the property line, effluent must stay on the property, and the home must be the only dwelling on the tract7. An emergency repair, such as replacing a tank lid or an inlet or outlet device, does not need a permit but must be reported in writing within 72 hours after the repair begins7. About 33.3% of McMullen County's soils are free of severe limitations for a conventional septic drain field, better odds than many rural Texas counties, but still worth a site evaluation before you buy15.
Can you live in an RV or tiny home on your land in McMullen County?
McMullen County has no zoning authority, so RV occupancy, tiny-home occupancy and temporary camping on private land are unrestricted by county zoning3. That is a real answer from Texas law, not an absence of a county rule: state law gives McMullen County no power to regulate these uses through zoning3. One statewide rule still applies regardless of zoning: an uninstalled manufactured home may not be occupied for any purpose other than viewing it on a retailer's sales lot, so a manufactured home has to be installed on its site before anyone lives in it16. If a manufactured home will sit within, partially within, or adjacent to a mapped flood hazard area, it still needs a floodplain development permit from the County Judge's office before placement1713.
Building on land in McMullen County: the steps, in order
- Check whether your parcel sits in a mapped flood hazard area using the FEMA floodplain maps on the county's website; if it does, file a floodplain development permit with the County Judge's office before you build -- $50 for a single-family residence, $300 for commercial or other activity513.
- Apply for an OSSF (septic) permit through the county's OSSF program before installing a system, unless your tract qualifies for the state's 10-acre exemption714.
- If you will drill or expand a well, check the McMullen Groundwater Conservation District's rules: a well expected to produce more than 25,000 gallons a day needs a district permit with a $100 application fee, while smaller exempt wells must still be registered8.
- If your driveway will connect to a state highway or farm-to-market road, submit TxDOT Form 1058 and give TxDOT 24-hour notice before construction begins on the right of way918.
- Because McMullen County has no zoning, there is no county setback, lot-size or building-height review to clear -- confirm only the floodplain, septic and access steps above3.
What to check before you buy land in McMullen County
McMullen County averages 24.7 inches of rain a year and has spent roughly 16.3% of years in severe drought, so confirm well capacity or another water source before closing1920. About 33.3% of the county's soils are free of severe septic limitations, and all of the county's land sits at 15% slope or less, so terrain rarely limits building here -- soil type and depth to groundwater matter more1521. Federal land covers only 1.5% of the county, so most of McMullen County is private -- confirm mineral and surface ownership separately, since this is active oil and gas country22. The county's effective property tax rate is about 2%, with a median property tax bill of $2,167 a year2324. McMullen County sits roughly 73 miles from the nearest metro area, with a population density of 0.5 people per square mile, so plan on long drives for services, hardware and emergency response2526.
Watch-outs
- McMullen County has no general building permit and no zoning, but skipping the floodplain permit in a mapped flood hazard area is still a real risk -- confirm your parcel's flood status with the County Judge's office before you build132.
- An uninstalled manufactured home cannot legally be occupied anywhere in Texas except to view it on a retailer's lot, so plan for it to be fully installed on site before anyone moves in16.
- McMullen County's own pages do not state whether an owner-builder exemption, a certificate of occupancy, or a short-term-rental rule exists here -- ask the County Judge's office directly rather than assume either way13.
Sources
- How do I request or apply for permits? (2026 county census)
- How do I request or apply for permits?, quoted and re-checked
- Texas law on county zoning and building authority
- How do I request or apply for permits? – McMullen County (2026 county census)
- Flood Plain Development Permit Application, quoted and re-checked
- McMullen County - Permits (2026 county census)
- Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
- McMullen Groundwater Conservation District Rules, quoted and re-checked
- 911 Address, quoted and re-checked
- Welcome to McMullen County, quoted and re-checked
- Local Government Code Chapter 233, County Regulation of Housing and Other Structures (Texas statewide rule), quoted and re-checked
- County population: Bolthole Index county data
- McMullen County Judge's Office (County Court) (mcmullencounty.org)
- McMullen County OSSF Program (mcmullencounty.org)
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- Texas Occupations Code Chapter 1201, quoted and re-checked
- Flood Plain Development Permit Application, quoted and re-checked
- Section 4: Driveway Permits, Design, and Materials (Texas statewide rule), quoted and re-checked
- Annual precipitation: Bolthole Index county data
- Share of years in severe drought: Bolthole Index county data
- Share of land at 15% slope or less: Bolthole Index county data
- Federal land share: Bolthole Index county data
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
- Distance to the nearest metro area: Bolthole Index county data
- Population density: Bolthole Index county data
Written September 24, 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.