Montgomery County, TX Building Permits, Zoning & Septic Rules

Unincorporated Montgomery County, Texas has no zoning ordinance, but it still requires a development permit for a new home, an addition, or almost any other structure, plus a separate septic permit if you're not on sewer¹²³. The county doesn't enforce a residential building code or issue certificates of occupancy for single-family homes, but every structure still needs its own permit from the Montgomery County Permit Department⁴⁵. Floodplain rules add another layer: a new septic system is flatly prohibited in a mapped floodway⁶.

At a glance

Building / development permit: Required for every structure and addition, even with no zoning²⁵
Residential building code: Not enforced for single-family homes or complexes under 4 units⁴
Zoning: None; the county doesn't issue certificates of occupancy¹⁴
Septic permits: Issued by Montgomery County Environmental Health Services³
RV / tiny home / manufactured home living: Not restricted by zoning, but still needs a development permit⁷²
Development permit expiration: Expires 180 days after entry if construction hasn't started⁵
Septic in the floodway: Flatly prohibited⁶
Driveway onto a state highway: Needs a TxDOT permit (Form 1058), not a county permit⁸

Who to call

Building permits

Montgomery County Permit Department

Development (building) permits for any new structure or addition outside city limits, including single-family homes, additions, barns, sheds, and mobile homes. Commercial and rental structures (rental homes, RV parks, apartments, anything used for business) must instead permit through the Commercial Permit Office.

936-539-7836

501 North Thompson, Suite 100, Conroe, Texas 77301

Codes & inspections

Montgomery County Permit Department (Building Codes & Zoning)

The county's own written confirmation that it has no zoning and does not enforce a residential building code or issue certificates of occupancy, and that the Fire Marshal enforces fire and building code for qualifying commercial structures.

(936) 539-7836

501 N. Thompson, Suite 100, Conroe, Texas 77301

Septic permits

Montgomery County Environmental Health Services (On-Site Sewage Facilities)

OSSF (septic) permitting for property outside city limits, enforcing TCEQ's state OSSF statutes and regulations as the local authorized agent, plus a county Local Order with additional rules.

936-539-7839

501 N Thompson Street, Suite 101, Conroe, Texas 77301

Floodplain permits

Montgomery County Floodplain Administration

Floodplain determinations, floodplain development permits, and enforcement of Montgomery County's floodplain management regulations, including a ban on new or replacement septic systems within a floodway.

936-539-7836

501 North Thompson, Suite 100, Conroe, Texas 77301

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 Montgomery County, Texas?

Unincorporated Montgomery County has no zoning ordinance, but a development permit is required for a new home, an addition, a barn, a shed, a mobile home, or almost any other structure on a parcel of land²⁵. The county does not enforce a residential building code for single-family homes or for multi-family complexes with fewer than 4 units, and it does not issue certificates of occupancy for buildings outside a city⁴. Commercial buildings are handled differently: the Montgomery County Fire Marshal enforces fire code and applicable building code, under the 2018 editions of the IFC, IBC, and NFPA, for qualifying commercial structures⁴. A development permit expires 180 days after it enters the county's permitting system if construction hasn't started, so time your application to when you're ready to build⁵.

Who is the Montgomery County permit department, and how do you reach them?

Reach the Montgomery County Permit Department at 501 North Thompson, Suite 100, in Conroe, Texas, by phone at 936-539-7836⁵. Every structure and addition needs its own permit application, and rental homes, RV parks, apartments, and any other structure used for a business must instead go through the Commercial Permit Office, a different process from a homeowner's development permit⁵. For a septic (OSSF) permit specifically, contact Montgomery County Environmental Health Services at 501 N Thompson Street, Suite 101, in the same complex, by phone at 936-539-7839⁹. For a floodplain question, including whether a parcel sits in a mapped floodplain or floodway, contact the Montgomery County Floodplain Administration, also at 501 North Thompson, Suite 100, by phone at 936-539-7836⁶.

Does Montgomery County have zoning?

Montgomery County has no zoning ordinance and does not issue certificates of occupancy for buildings or structures outside a city, which the county's own Permit Department confirms in writing¹⁴. Because there is no zoning, the county sets no minimum home size, minimum lot size, setback, lot-coverage limit, or building-height limit by ordinance, and it does not restrict RVs, tiny homes, manufactured homes, or accessory dwellings by zoning⁷. That does not mean construction is unregulated: the development-permit requirement above still applies to a new structure or addition, and placing a mobile home is one of the specific categories the county requires a permit for²⁵. If your land is inside a city's limits or extraterritorial jurisdiction, that city's own codes and zoning govern instead of the county's rules.

How do septic permits work in Montgomery County?

Texas requires a permit and an approved plan before you construct, alter, extend, or repair a septic system, and in Montgomery County that permit comes from the county's own Environmental Health Services department, acting as TCEQ's local authorized agent, rather than a TCEQ regional office¹⁰³⁹. Only about 2.2% of Montgomery County's soils are rated free of severe limits for a conventional septic drain field, so plan on a site evaluation and likely an engineered or aerobic system on most lots¹¹. If your parcel touches a mapped floodway, know that installing a new septic system, or repairing or replacing an existing one, is strictly prohibited there under the county's own On-Site Sewage Facility Regulations⁶. A narrow state exemption exists for a single-family home on a tract of 10 acres or more, but it applies only if a TCEQ-licensed site evaluator or engineer signs off, every part of the system stays at least 100 feet from the property line, and the home is the only dwelling on the tract¹⁰.

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

Montgomery County's lack of zoning means the county does not restrict RV, tiny-home, or manufactured-home occupancy on unincorporated land by ordinance⁷. That is not the same as an unregulated parcel: placing a mobile home, or building any new structure, still triggers the county's development-permit requirement, and any wastewater still needs a permitted septic system or a sewer connection²³. An RV park, a rental home, or any other structure used for a business is treated as commercial and must go through the Commercial Permit Office, a different process from one homeowner parking a single RV on their own land⁵. Montgomery County sits at the edge of the Houston metro, about 2 miles from the nearest metro area at its closest point and averaging roughly 682.6 people per square mile countywide, so verify a specific parcel's rural character in person rather than assume it from the county's overall size¹²¹³.

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

Confirm whether your parcel is unincorporated or inside a city's limits or ETJ, since a city's own codes replace these county rules there.
Apply for your development permit through the Montgomery County Permit Department before you build any new structure or addition, and check your floodplain status at the same time⁵⁶.
If you need a septic system, apply for your OSSF permit through Montgomery County Environmental Health Services, budget for a site evaluation given how limited local soils are, and confirm your site isn't in a floodway where new septic systems are prohibited⁹¹¹⁶.
Start construction within 180 days of your permit's approval and keep the work continuous, since a stalled project lets the permit expire⁵.
If your driveway will connect to a state highway, apply for a TxDOT permit (Form 1058) before you build it⁸.

What to check before you buy land in Montgomery County

Septic capacity is the single biggest land constraint here: only about 2.2% of Montgomery County's soils are rated free of severe limits for a conventional drain field, so budget for an engineered or aerobic system and a site evaluation before you make an offer¹¹. Flood risk is a real factor too, since a new septic system is prohibited outright in any mapped floodway, so check floodplain status before assuming a parcel is buildable⁶. The county is heavily wooded, at about 70% forest cover, and gets plenty of rain, averaging 50.7 inches a year with severe drought in only about 12.4% of recent years¹⁴¹⁵¹⁶. Land is not cheap: farmland has recently been valued around $13,070 an acre, and the typical home value is about $346,893¹⁷¹⁸. Montgomery County sits right at the edge of the Houston metro, about 2 miles from the nearest metro area, with density around 682.6 people per square mile countywide, so a rural-feeling parcel can still be surrounded by rapid growth¹²¹³. Carrying costs run moderate: the effective property tax rate is about 1.6%, with a median bill around $5,237 a year, and a typical home insurance premium runs about $2,140 a year¹⁹²⁰²¹.

Watch-outs

Montgomery County's development-permit and OSSF requirements apply even though the county has no zoning; treat 'no zoning' as an answer about land-use restrictions, not about whether you need a permit²¹.
A new or replacement septic system is strictly prohibited in a mapped floodway; confirm floodplain status with the Floodplain Administration before you plan a septic system⁶.
An RV park, rental home, or any structure used for a business is commercial, not residential, and must permit through the Commercial Permit Office, a different office and process from the one described here⁵.

Sources

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.

How Montgomery County scores

Seclusion19100% ev.

Self-Sufficiency64100% ev.

Admin Boringness7190% ev.

Durability59100% ev.

Property Autonomy71100% ev.

Carry Cost47100% 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 →

$347kTypical home

1.6%Property tax

$13,070Land / acre

50.7"Annual rain

12.4% of yrsSevere drought

26 / yr (+20.7)Mid-century 100°F days

18.7 daysMid-century dry spell

2.85" (+5.3%)Mid-century 1-day rain

1.44×Wildfire change factor

100%Forward climate coverage

$2,140Home insurance / yr

1.6% / yrInsurance growth

0%Nonrenewal rate

county median (2+ published ZIPs)Insurance basis

142,334People within 30 min

8,716,304People within 2 hr

452,742Radius comparison (15 mi)

682.6People / sq mi

7.1%Federal land

100%Land at 15% slope or less

2.2%Septic soil without severe limits

14,320 acWorkable land screen

70%Wooded land

47.3 tonsBiomass / forest ac

68.8°FAvg temp

Answers from the rulebook for Montgomery County

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

Montgomery County rules

Building permitLimited
Residential structures and additions subject to Montgomery County's development-permit procedure.
- Every structure and addition requires its own permit.
- Apartments, rental homes, model homes, RV parks, cell towers, construction trailers, and food trucks are treated as commercial in the county packet.
- For property located in the jurisdiction of a city, additional documentation may be required.
- If public sewer is not available, the property owner must apply for a septic permit.
residential structure outside 100-year floodplain permit fee: 150 USD · residential structure inside 100-year floodplain permit fee: 200 USD
“Every structure and/or addition requires its own permit.”
Montgomery County Development Permit Procedures ↗Re-checked Sep 26, 2026
Zoning districts · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Minimum dwelling size · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Minimum lot size · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Setbacks · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Lot coverage · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Building height · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Living in an RV · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Camping on your land · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Tiny homes · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Manufactured homes · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Accessory dwellings · by state lawNo county rule
Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org.
- 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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
Who permits septicCounty
On-site sewage facilities in Montgomery County.
- Montgomery County enforces TCEQ-promulgated state statutes and regulations.
- The county serves as a local agent for TCEQ.
“We serve as the local agent for the Texas Department of State Health Services or DSHS and the Texas Commission on Environmental Quality (TCEQ)”
Montgomery County On-Site Sewage Facilities ↗Re-checked Sep 26, 2026
Septic permitRequired
Construction and operation of new septic systems in Montgomery County.
- A site evaluation and soil analysis are required.
- An OSSF design by a registered sanitarian or professional engineer is required.
- Floor plans for residential and commercial buildings must be submitted.
- Montgomery County will not issue a permit for a septic system located within the regulatory floodway.
- The application fee plus a $10 TCEQ assessment fee must be paid.
- All applicable TCEQ standards and Montgomery County rules must be met.
- State exemptions may apply, including the 10-acre rule and emergency-repair exceptions; local requirements may be more stringent.
TCEQ assessment fee: 10 USD (in addition to the application fee)
“Application for a Permit to Construct may be made at the Montgomery County Permit Office located at 501 North Thompson, Suite 100, Conroe, Texas.”
How to Obtain a Permit to Construct a Septic System and Obtain a Notice of Approval for Operation and Use of a New Septic System in Montgomery County ↗Re-checked Sep 26, 2026
Septic inspectionRequired
New septic systems in Montgomery County before backfilling or use.
- A Notice of Approval must be obtained after installation and before the system is backfilled or used.
- The inspection request must be made by 3:00 p.m. two business days before the inspection is needed.
- Montgomery County Environmental Health issues the Notice of Approval after approval and permission to backfill.
“A Notice of Approval MUST be obtained after the system is installed and before it is backfilled (covered) and/or used.”
How to Obtain a Permit to Construct a Septic System and Obtain a Notice of Approval for Operation and Use of a New Septic System in Montgomery County ↗Re-checked Sep 26, 2026
Off-grid sanitationLimited
Off-grid or on-site domestic sewage disposal in Montgomery County.
- A septic permit and approved plan are generally required before construction, installation, alteration, extension, or repair.
- A state 10-acre rule exemption may apply only when all listed TCEQ conditions are met, including a single-family dwelling on at least 10 acres, a licensed site evaluation, no nuisance or groundwater pollution, all OSSF parts at least 100 feet from the property line, on-property effluent disposal, and only one dwelling on the tract.
- Montgomery County will not issue septic permits for systems within the regulatory floodway.
minimum tract size for state 10-acre exemption: >= 10 acres (all TCEQ exemption conditions must also be met) · minimum OSSF distance from property line for state exemption: >= 100 feet (all OSSF parts)
“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”:”
Getting a Permit for an OSSF - Such as a Septic System ↗Re-checked Sep 26, 2026
Mandatory utility hookupConditional
Residential development permit applications in Montgomery County.
- A letter on utility-district letterhead stating that water and/or sewer will be provided must accompany the permit submission.
- If public sewer is unavailable, the property owner must apply for a septic permit.
“If public sewer is not available, property owner MUST apply for “Septic Permit.”, please see Septic Permit Checklist.”
Montgomery County Development Permit Procedures ↗Re-checked Sep 26, 2026
Permit processPublished
Montgomery County residential development permits and septic permits.
- Residential structure permit submissions require an application, stormwater compliance certification and maintenance declaration if applicable, legal description, site plan or survey, applicable culvert verification or inspection receipt, address verification for new development, and septic permitting if public sewer is unavailable.
- Septic applications require site evaluation and soil analysis, OSSF design under seal, power of attorney if applicable, legal description, floor plans, application fee, and TCEQ assessment fee.
- Incomplete residential development submissions are not accepted.
“*WE DO NOT ACCEPT INCOMPLETE SUBMITTALS*”
Montgomery County Development Permit Procedures ↗Re-checked Sep 26, 2026
County-wide zoningAbsent
Texas counties lack general zoning authority; unincorporated Montgomery County is not zoned and instead regulates land via subdivision and floodplain development permits.
Montgomery County Environmental Health - Development Permit Structure ↗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:”
Industrialized Housing and Buildings – Adoption of New Code Editions ↗Re-checked Sep 12, 2026
Driveway accessRequired
New or modified access driveways connecting property to a Texas state highway right of way.
- A local public agency may receive access driveway permitting authority for state highways, but TxDOT approval remains required for drainage impacts on the state highway system before local approval.
- No access driveway is permitted within a flared or widened right-of-way section at an intersection of a state highway with another highway, road, or street.
- All entrances and exits, including radii, must be confined within the permittee's property frontage.
- One-way 45-to-90-degree driveways are permitted for connections to one-way frontage roads or lane-divided highways; otherwise the driveway angle must be 75 to 90 degrees.
- ADAAG and Texas Accessibility Standards apply.
private residential driveway maximum width: <= 24 feet (Except as increased by permissible radii.) · driveway-to-pavement radius: >= 15 feet
“A driveway must be constructed in accordance with a fully executed driveway permit”
Section 4: Driveway Permits, Design, and Materials ↗Re-checked Sep 12, 2026
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.”
Local Government Code Chapter 231, County Zoning Authority ↗Re-checked Sep 21, 2026
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.”
Local Government Code Chapter 233, County Regulation of Housing and Other Structures ↗Re-checked Sep 21, 2026

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 exemption from Montgomery County residential development-permit requirements in unincorporated Montgomery County, Texas
Inspections — Building inspections for structures in Montgomery County.
Certificate of occupancy — Certificates of occupancy for structures in Montgomery County.
Local zoning — Zoning administered by municipalities or other local authorities within Montgomery County.
Well permit — Private water wells in Montgomery County.

3 more unanswered

Agricultural exemption
Subdividing land
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 Montgomery County, Texas

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

Montgomery County scores 52/100 on the Bolthole Index, a solid county profile. Its strengths: low administrative friction for a quiet rural property and a stronger property-autonomy legal backdrop. Watch-outs: about 142,334 people within a 30-minute drive.

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

Montgomery County requires a building permit only in limited cases (such as floodplains or specific zones), and it has no county-wide zoning. Onsite septic is permitted by Montgomery County Environmental Health Services (OSSF, TCEQ authorized agent). 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 Montgomery County?

Living in an RV on your own land in Montgomery County is allowed: Unincorporated Montgomery County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Montgomery County has no zoning ordinance. The county legal census found no county zoning ordinance, citing mctx.org. 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 Montgomery County, Texas?

Land in Montgomery County runs about $13,070 per acre, based on the latest county data.

What is the water situation in Montgomery County?

Montgomery County gets about 50.7" of rain a year, with severe drought in roughly 12.4% of years.

How remote is Montgomery County?

A representative private-land location has about 142,334 people within a 30-minute drive and 8,716,304 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.

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

At a glance

Who to call

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

Who is the Montgomery County permit department, and how do you reach them?

Does Montgomery County have zoning?

How do septic permits work in Montgomery County?

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

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

What to check before you buy land in Montgomery County

Watch-outs

Sources

Montgomery County in Texas

How Montgomery County scores

Find land. Bring the promising ones back.

Parcel due diligence

Answers from the rulebook for Montgomery County

Montgomery County rules

Texas rules that apply here

Still unanswered

Living off-grid in Montgomery County, Texas

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

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

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

How much does land cost in Montgomery County, Texas?

What is the water situation in Montgomery County?

How remote is Montgomery County?

How Montgomery compares in Texas