Unincorporated Midland County, Texas has no general building permit and no countywide zoning ordinance12. The only county-issued construction permit most rural landowners will need is a driveway permit from Public Works if the driveway ties into a county road3. Septic systems are handled separately: OSSFs across the county are permitted and inspected by the City of Midland Health Department under an interlocal agreement with the county, not by a county department4. Land inside the City of Midland's five-mile extraterritorial jurisdiction may still answer to city rules5.
At a glance
- Building permit
- Not required in unincorporated Midland County; only a driveway permit applies for county-road tie-ins16
- Zoning
- None countywide; the City of Midland's rules may reach into its 5-mile extraterritorial jurisdiction25
- Septic permits
- City of Midland Health Department, Environmental Section, under an interlocal agreement with the county; $150 residential application fee748
- RV / tiny home living
- Unrestricted under county rules, since there is no zoning ordinance9
- Minimum lot size / setbacks
- None set by the county9
- Fire/life-safety standard
- The county requests NFPA 101 life-safety code compliance, though it has no zoning requirement enforcing it10
- Building & fire-code permits outside city limits
- Handled by the Texas State Fire Marshal's Office, not the county11
- Driveway permit fee
- $50 per tie-in to a county road12
Who to call
Septic permits
OSSF (septic) permit applications, site/soil evaluation coordination, Authorizations to Construct, and installation inspections for Midland County, including unincorporated land
3303 West Illinois, Space 22, PO Box 4905, Midland, TX 79704
Roads & driveways
Driveway, road bore, right-of-way use, vacation, and plat permits for unincorporated Midland County
500 N Loraine St., Suite 1100, Midland, TX 79701
Also useful
Texas State Fire Marshal's Office (building and fire-code permits for unincorporated Midland County)
Building and fire-code permits, inspections, violations, and Certificates of Occupancy for addresses outside the City of Midland limits (District 12 covers Midland County)
Contact details are copied from each office’s official page and were checked against it on September 23, 2026.
Do you need a building permit in Midland County, Texas?
No. Midland County has no general building-permit program in unincorporated areas1. Its Fire Marshal page names the Texas State Fire Marshal's Office, not the county, as the regulating agency for "building and fire code permits, inspections, violations, and Certificate of Occupancy" at addresses outside the City of Midland limits1311. Texas law does let counties over 250,000 people, or counties adjacent to one, adopt a local fire code reaching commercial buildings, public buildings, and multifamily dwellings of four or more units in unincorporated areas, but Midland County's population is about 177,100, below that threshold, and this fire-code authority does not reach an ordinary single-family home in any case1415. The only construction-adjacent permit most rural landowners deal with locally is a driveway permit, required through Public Works if you're tying into a county road outside city limits166.
Who handles driveway, septic and fire-code matters in Midland County?
There is no county building department to call, because Midland County doesn't run a building-permit program1. For a driveway connecting to a county road, Midland County Public Works, at 500 N Loraine St., Suite 1100, Midland, TX 79701, issues the permit; applications must be submitted by 3 p.m. the Tuesday before a Commissioners Court meeting (the first and third Tuesday of each month)163. For septic systems, the office to call is not a county department at all: it's the City of Midland's Midland Health Department, Environmental Section, at 3303 West Illinois, Space 22, Midland, TX 79704, phone (432) 681-7613, which permits and inspects OSSFs countywide under an interlocal agreement with Midland County174. For building and fire-code questions outside Midland city limits, the county directs residents to the Texas State Fire Marshal's Office, reachable at 512-676-6800, with District 12 covering Midland and surrounding counties13.
Does Midland County have zoning?
No. Midland County's Commissioners Court FAQ states plainly, "Midland County does not have any specific planning and zoning requirements," though it asks that building and installations follow the NFPA 101 life-safety code and notes that other restrictions, such as retention ponds or minimum acreage for septic systems, can still apply10. That's a request, not a zoning ordinance the county enforces. The picture changes inside the City of Midland's extraterritorial jurisdiction, which extends five miles beyond the city limits: city regulations and ordinances can apply there even though the land is unincorporated5. Because there's no county zoning ordinance for land outside that ETJ, no county-level minimum lot size, setback, minimum home size, or lot-coverage rule is published, and RVs, tiny homes, manufactured homes, and temporary camping are unrestricted under county rules9. Texas law only lets counties zone in a handful of special geographic areas, such as Padre Island beaches in Cameron or Willacy County, certain lakes, and military zones, none of which include Midland County18.
How do septic permits work in Midland County?
Every OSSF (septic system) in Midland County needs a permit from the City of Midland's Midland Health Department, Environmental Section, whether the land is inside or outside city limits, under the interlocal agreement covering the whole county174. The process: get an application from the Health Department, have a licensed site/soil evaluator assess the property, prepare planning materials (professional design is required for non-standard systems), and submit the completed application with the site evaluation, planning materials, the fee, and a Midland County floodplain permit application178. Fees run $150 for a residential permit, $210 for commercial, and $50 for a re-inspection, and an approved Authorization to Construct is valid for one year8. Soils here are unusually favorable for the region: 37.8% of Midland County's land is free of severe limitations for a conventional septic drain field, well above many nearby counties, though that still leaves most of the county needing extra evaluation19. Before covering the system, you must call the office at least four working days ahead to schedule the final inspection, after which the OSSF Inspector issues a Notice of Approval1720. Texas's statewide 10-acre exemption from OSSF permitting can apply on a large enough tract, but only if a licensed site evaluator signs off, it's the only dwelling on the tract, every part of the system stays at least 100 feet from the property line, and effluent stays on the property21.
Can you live in an RV or tiny home on your land in Midland County?
Unincorporated Midland County has no zoning ordinance restricting how you occupy your own land, so there's no county rule limiting RV or tiny-home living, and no minimum home size or minimum lot size to meet9. That's real freedom compared with a zoned county, but the county's own materials don't spell out every detail: no official source establishes a certificate-of-occupancy requirement for unincorporated land, and RV parks or "man camps" specifically follow TCEQ rules rather than a county ordinance, so ask the relevant office directly if you're planning something beyond a single home10. If you're inside the City of Midland's five-mile ETJ, don't assume the same freedom: city ordinances can reach that land even though it's unincorporated5.
Building a home in Midland County: the steps, in order
First, confirm whether your parcel falls inside the City of Midland's five-mile extraterritorial jurisdiction, since city rules can apply there even on unincorporated land5. Second, order a site and soil evaluation for your septic system, since the county requires it as part of the OSSF application8. Third, apply for your septic permit through the City of Midland's Midland Health Department, submitting planning materials, the site evaluation, the fee, and a Midland County floodplain permit application together178. Fourth, if you're building a driveway onto a county road, apply for a driveway permit at Public Works, budgeting $50 per tie-in1612. Fifth, if your driveway will connect to a state highway instead, apply to TxDOT using Form 1058 and give 24-hour notice before construction22. Sixth, once the septic system is installed, call the Health Department at least four working days ahead to schedule the final inspection before covering it1720. Finally, build: there is no county building-permit review to schedule for an ordinary single-family home outside the City of Midland's jurisdiction1.
What to check before you buy land in Midland County
Water is the biggest planning question here: annual precipitation runs only about 14.5 inches a year, with severe drought in 33.5% of years, so confirm well yield and water rights before you count on a private well2324. Soils are comparatively favorable for septic by regional standards, with 37.8% of the county free of severe limitations for a conventional drain field, though a site evaluation is still required for every OSSF permit19. Land is essentially flat, with 100% at 15% slope or less, but almost entirely open, at just 2% forested, so expect little natural shade or windbreak2526. Check whether your tract sits inside the City of Midland's five-mile ETJ, since that changes which zoning and permitting rules apply5. Check FEMA flood maps too, since a floodplain permit application is required as part of the county's septic-permit package8. Property tax runs a relatively high effective 1.3%, with a median bill near $3,697 a year, against a typical home value around $332,967272829.
Watch-outs
- Septic permits in Midland County are issued by the City of Midland's Midland Health Department, not a county health department, even though the application is hosted on the county's website and covers land countywide under an interlocal agreement; call the city department directly at (432) 681-7613174.
- Building and fire-code permits, inspections, and Certificates of Occupancy for addresses outside Midland city limits come from the Texas State Fire Marshal's Office, not Midland County; the county's own page directs residents there1311.
- No official source confirms whether unincorporated Midland County requires a certificate of occupancy outside the State Fire Marshal's process, or has short-term-rental or water/sewer connection rules, so confirm directly with the relevant office before assuming a use is unrestricted10.
Sources
- Permits | Midland County, TX (2026 county census)
- FAQs - Commissioners Court (2026 county census)
- Permits | Midland County, TX, quoted and re-checked
- Midland County Storm Water Management Plan, quoted and re-checked
- FAQs - Commissioners Court, quoted and re-checked
- Permits | Midland County, TX, quoted and re-checked
- Midland County, TX - How to Obtain a Permit for an On-Site Sewage Facility (2026 county census)
- Midland County FAQs, quoted and re-checked
- Texas law on county zoning and building authority
- FAQs - Commissioners Court, quoted and re-checked
- Fire Marshal | Midland County, TX, quoted and re-checked
- Fee Schedule for Permitting within Midland County, quoted and re-checked
- Texas State Fire Marshal's Office (building and fire-code permits for unincorporated Midland County) (co.midland.tx.us)
- 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
- Midland County Public Works (co.midland.tx.us)
- City of Midland Health Department, Environmental Section (OSSF/septic permits, countywide by interlocal agreement) (co.midland.tx.us)
- Local Government Code Chapter 231, County Zoning Authority (Texas statewide rule), quoted and re-checked
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- How to Obtain a Permit for an On-Site Sewage Facility, quoted and re-checked
- Getting a Permit for an OSSF - Such as a Septic System (Texas statewide rule), 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
- Wooded share of land: Bolthole Index county data
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
- Typical home value (Zillow): Bolthole Index county data
Written September 23, 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.