Bolthole Index

Swisher County, Texas

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

37Index Score / 100
#236 of 254 in Texas

Unincorporated Swisher County, Texas does not require a general county building permit and has no county zoning ordinance1,2. Tulia and Kress set their own rules inside city limits3. Septic permits are separate everywhere in the county and generally come from the TCEQ regional office unless a local program exists4.

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

Unincorporated Swisher County does not require a general county building permit.

Unincorporated Swisher County does not require a general county building permit1. Texas law provides a conditional county fire-code permit framework for commercial buildings, public buildings and multifamily buildings with four or more units, but only for a qualifying county that adopts it; we could not confirm a Swisher County adoption9. Kress applies a housing code within Kress, and Tulia regulates zoning and development within Tulia3,10. The state owner-builder provision does not waive a permit or inspection; it is a penalty exception under a separately adopted residential-code framework, which we could not confirm Swisher County has adopted9. Separate septic, well and state-highway driveway approvals can still apply4,7,11.

Who handles building and land permits in Swisher County?

Swisher County does not have a general county building-permit department for unincorporated homes.

Swisher County does not have a general county building-permit department for unincorporated homes1. Start with the Swisher County Judge's office for county-specific questions about floodplain development, inspections, occupancy approval or land division that we could not confirm12. For septic permits, start with the TCEQ Region 1 office in Amarillo; the regional office covers Swisher County and administers OSSF permits where no approved local program exists4,5,6. High Plains Underground Water Conservation District handles a well expected to produce at least 17.5 gallons per minute7. A state-highway driveway goes through TxDOT rather than the county11. Inside a municipality, contact the city because Kress and Tulia have their own rules3,10.

Does Swisher County have zoning?

Unincorporated Swisher County has no county zoning ordinance.

Unincorporated Swisher County has no county zoning ordinance1. County zoning therefore sets no minimum dwelling size, minimum lot size, setback, lot coverage or building-height limit on unincorporated land, and it does not restrict RV living, tiny-home occupancy, manufactured homes, accessory dwellings or temporary camping2. Other rules still matter. Texas platting law requires a plat for specified divisions outside a municipality, including divisions laying out lots, a subdivision or areas intended for public use13. A qualifying agricultural, farm, ranch, wildlife-management or timber-production division can be exempt, but platting applies if that qualifying use ends14. Tulia regulates zoning and development inside Tulia, while Kress has housing standards inside Kress3,10. We could not confirm zoning rules for Happy or any other place in the county, so ask that city before relying on the unincorporated-county answer3.

How do septic permits work in Swisher County?

A permit and approved plan are generally required to construct, install, alter, extend or repair an OSSF in Swisher County.

A permit and approved plan are generally required to construct, install, alter, extend or repair an OSSF in Swisher County4. Start with TCEQ Region 1 in Amarillo; the office covers Swisher County and administers OSSF permits where no approved local program exists4,5,6. The permitting authority must decide on the application and planning materials within 30 days4. When TCEQ administers the permit, the fee is $200 for a single-family OSSF or $400 for another OSSF, plus $105. Only 11.1% of county soils lack severe limits for a conventional drain field, so budget for an early site evaluation8. The 10-acre single-family exemption requires a licensed site evaluation, at least 100 feet between every system part and the property line, on-tract effluent disposal and every other listed condition4. Listed emergency repairs instead require written notice within 72 hours after work begins4.

Can you live in an RV or tiny home in Swisher County?

Unincorporated Swisher County has no county zoning rule restricting RV living, tiny-home occupancy, manufactured-home occupancy or temporary camping.

Unincorporated Swisher County has no county zoning rule restricting RV living, tiny-home occupancy, manufactured-home occupancy or temporary camping2. County zoning also sets no minimum dwelling size or minimum lot size there2. Septic systems and holding tanks generally require an approved OSSF plan and permit, subject to narrow exceptions4. A well expected to produce at least 17.5 gallons per minute requires an HPWD permit before drilling and production7. The conditional state owner-builder provision does not waive inspections, building standards, septic rules or other permit requirements9. Ask the County Judge's office about inspection and occupancy procedures before placing a structure12. Properties inside Tulia or Kress need city review3,10.

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

Confirm that the parcel is outside Tulia, Kress and any other municipality before using the unincorporated-county answers.

  1. Confirm that the parcel is outside Tulia, Kress and any other municipality before using the unincorporated-county answers3,10.
  1. Ask the County Judge's office about floodplain development, inspections and occupancy approval because those details could not be confirmed12.
  1. Confirm that a divided tract was platted when required or still qualifies for the agricultural-use exception13,14.
  1. Obtain an HPWD permit before drilling a well expected to produce at least 17.5 gallons per minute7.
  1. Get the septic site evaluation and submit the OSSF application and plans before installation unless every exemption condition applies4.
  1. If access will connect to a state highway, obtain the executed TxDOT permit before work11. Then proceed without a general Swisher County building permit1.

What should you check before buying land in Swisher County?

Water and septic feasibility deserve early attention.

Water and septic feasibility deserve early attention. Swisher County averages about 20 inches of precipitation a year, severe drought occurs in 40.5% of years, and only 11.1% of soils lack severe conventional drain-field limits8. Ask a well professional about expected yield and whether the 17.5-gallon-per-minute HPWD permit threshold applies7. The terrain is broadly gentle, with 99.8% of land at a slope of 15% or less, while forest covers just 0.1% of the county8. Verify legal access and whether a state-highway driveway needs TxDOT approval11. If the parcel was split from a larger tract, confirm the plat or a valid, continuing agricultural-use exception13,14. The effective property-tax rate is about 1.7%, and the median annual property-tax bill is about $1,5558.

Watch-outs

  • Swisher County-specific building inspections and certificates of occupancy could not be confirmed; the state owner-builder provision is not a general waiver, so ask the County Judge's office before starting work9,12.
  • Tulia and Kress have municipal rules that do not apply to unincorporated Swisher County, so verify the parcel's jurisdiction first3,10.
  • A new or modified driveway connecting to a Texas state highway requires an executed TxDOT access permit before construction in the right of way11.

Sources

14 official pages, each quoted and re-checked · written October 10, 2026

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Compared with neighboring counties

Like all 6 of its neighbors, Swisher County has no countywide zoning.

RuleSwisher CountyBriscoe CountyCastro CountyRandall CountyArmstrong CountyHale CountyFloyd County
Building permitNot requiredNot requiredNot requiredLimitedNot requiredLimitedNot required
County zoningNoNoNoNoNoNoNo
Septic permitsTCEQTCEQTCEQAmarillo Area Public Health DistrictTCEQCounty Special Projects CoordinatorNot published

County locator

Swisher County in Texas

37
County map
Swisher County highlighted among the Texas counties · colored by Index score

How Swisher County scores

37 / 100 · #236 of 254 in Texas · six factors, land price, tax, rain and climate

Seclusion65100% ev.
Self-Sufficiency1396% ev.
Admin Boringness8290% ev.
Durability27100% ev.
Property Autonomy71100% ev.
Carry Cost8096% ev.

Evidence strength: 97%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$105kTypical home
1.7%Property tax
$1,428Land / acre
20"Annual rain
40.5% of yrsSevere drought
23.8 / yr (+19.7)Mid-century 100°F days
28.7 daysMid-century dry spell
1.27" (+2%)Mid-century 1-day rain
1.26×Wildfire change factor
100%Forward climate coverage
$2,585Home insurance / yr
1% / yrInsurance growth
0%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
20,769People within 30 min
765,102People within 2 hr
6,202Radius comparison (15 mi)
7.8People / sq mi
0%Federal land
99.8%Land at 15% slope or less
11.1%Soils rated "not limited" for septic (strict USDA rating)
61,817 acWorkable land screen
0.1%Wooded land
2.9 tonsBiomass / forest ac
58.7°FAvg temp

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Cities and towns in Swisher County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Not yet covered: Town of Happy · Tulia

Answers from the rulebook for Swisher County

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

Swisher County rules

  • Local zoningVaries (with conditions)

    Aggregate of municipal zoning within Swisher County; the countywide result does not mean Swisher County administers each municipal ordinance.

    • The City of Tulia states that its city council regulates zoning and development through municipal ordinances.
    • The City of Kress states that its city-council ordinances regulate land use, zoning, and building requirements.
    • Municipal rules apply within the relevant municipality; this claim does not establish zoning rules for Happy or other locations in Swisher County that were not independently verified.
    • Unincorporated-area county zoning remains unresolved by the sources reviewed.
    “In addition to strategic planning and approving the annual budget, the council sets policy, enacts ordinances establishing municipal law, and regulates zoning and development.”
  • Zoning districts · by state lawNo county rule

    Unincorporated Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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 Swisher County: no county rule sets this, because Swisher County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing co.swisher.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.”
  • Well permitLimited

    Water wells in all of Swisher County, which HPWD identifies as within its Precinct 5 jurisdiction.

    • A permit is required before drilling and production of a well expected to produce 17.5 gallons per minute or more.
    • Wells producing less than 17.5 gallons per minute do not require an HPWD permit, but may be registered.
    • The 2023 HPWD rules also exempt wells completed or equipped to produce less than 25,000 gallons per day, or 17.5 gallons per minute, plus specified oil-and-gas and maintenance/repair wells.
    • A well that is not exempt may not be drilled or operated without a permit from the Board.

    permit threshold: >= 17.5 gallons per minute (Wells below 17.5 gpm are exempt from HPWD permitting under the cited district materials.) · daily equivalent exemption threshold: < 25000 gallons per day (The 2023 rules state wells producing less than 25,000 gallons per day or 17.5 gpm are exempt.) · rules effective date: 2023-12-01 (HPWD rules adopted November 14, 2023 and effective December 1, 2023.)

    “Groundwater owners are required to apply for a permit prior to drilling and production of water from any well expected to produce 17.5 gallons of water per minute or more.”
    One more reviewed finding on this topic
    • Limited — Water wells in all of Swisher County within the jurisdiction of High Plains Underground Water Conservation District No. 1.
      “Groundwater owners are required to apply for a permit [...] any well expected to produce 17.5 gallons of water per minute or more.”
  • County-wide zoningAbsent

    Texas counties lack general zoning authority and no zoning department is listed for Swisher County.

    Swisher County official website ↗From the county’s own site, awaiting a second reviewer

Texas rules that apply here

  • Building permitLimited

    Buildings in unincorporated areas of a qualifying Texas county that has adopted the statutory fire-code authority, limited to commercial establishments, public buildings, and multifamily residential dwellings consisting of four or more units.

    • The county must have a population over 250,000 or be adjacent to a county with a population over 250,000 before its commissioners court may adopt and enforce the fire code.
    • The statute does not establish that Swisher County adopted a fire code under this subchapter.
    • The fire-code permit rule applies only to commercial establishments, public buildings, and multifamily residential dwellings consisting of four or more units in unincorporated areas.
    • An industrial facility with an OSHA-conforming fire brigade is excluded.
    • The application requires a plan and a commissioners-court-set application fee; the commissioners court must issue or deny the permit within 30 days, and failure to act within 30 days approves the construction for purposes of the subchapter.

    population threshold: > 250000 people (Alternatively, the county may be adjacent to a county with a population over 250,000.) · permit decision deadline: 30 days (If the commissioners court neither issues nor denies the application within 30 days after receiving the application and fee, construction is approved for purposes of the subchapter.)

    “obtains a building permit issued in accordance with this subchapter.”
    One more reviewed finding on this topic
    • Limited — Industrialized housing or buildings installed in Texas, including purchasers or lessees acquiring a unit for their own or their company’s use.
      “A person who is a retailer of industrialized housing or buildings, or who is responsible for the assembly, connection, and on-site construction and erection of an industrialized house or building for persons other than themselves, must be registered as an industrialized builder. Subcontractors do not require the registration unless required by other applicable state laws. For example, electricians, HVAC contractors, and plumbers must be licensed in accordance with the applicable state law. If you are purchasing or leasing an industrialized house or building for your own use, or your company's use, you may file for an installation permit in lieu of registering as an industrialized builder.”
  • Owner-builder exemptionConditional

    An individual building new residential construction in an unincorporated area of a Texas county to which Local Government Code Subchapter F applies, where the individual builds the residence or acts as the individual's own contractor and intends to use it as the individual's primary residence.

    • Subchapter F applies only to a county that has adopted a resolution or order requiring application of the subchapter and that is within 50 miles of an international border or has a population of more than 100.
    • The exemption is from the penalty under Section 233.157(c) for failure to provide required notice; it does not itself waive inspections, building-code standards, septic requirements, or any permit requirement imposed under another law.
    • New residential construction includes a single-family house or duplex on a vacant lot, and an addition to an existing single-family house or duplex if the addition increases the existing building's square footage or value by more than 50 percent.
    • The subchapter excludes structures constructed under Occupations Code Chapter 1201 and modular homes constructed under Chapter 1202.
    • The source does not establish that Swisher County adopted the required resolution or order.
    “acts as the individual's own contractor; and [...] use the residence as the individual's primary residence.”
    2 more reviewed findings on this topic
    • Conditional — An owner performing electrical, plumbing, or air-conditioning and refrigeration work on the owner's own residence or homestead in Texas.
      “A person who perform electrical work on a dwelling that they own and reside in is not required by the state to be licensed as electricians.”
    • Conditional — Electrical work on a dwelling owned and occupied by the property owner in Texas.
      “A person who perform electrical work on a dwelling that they own and reside in is not required by the state to be licensed”
  • 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:”
    One more reviewed finding on this topic
    • Partial — Industrialized housing and buildings, modules, and modular components built for Texas under the Industrialized Housing and Buildings program.
      “Effective 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:”
  • InspectionsLimited

    Construction and first installation of industrialized housing and permanent industrialized buildings in Texas; on-site inspections outside a municipality or in a jurisdiction without a building-inspection department are addressed by the Texas Industrialized Housing and Buildings program.

    • Texas Occupations Code Chapter 1202 requires the department to inspect industrialized housing and buildings for compliance with mandatory building codes or approved designs, plans, and specifications; approved third-party inspectors may be designated under commission rules.
    • For first installation, site inspections are required for all industrialized housing and permanent industrialized buildings, except unoccupied industrialized buildings not open to the public, such as communication-equipment shelters, when they are not also classified as a hazardous occupancy by the mandatory building code.
    • For industrialized construction located in a municipality, the statute assigns on-site inspection to the municipal building official; outside a municipality, an approved third-party inspector performs on-site inspections of industrialized housing.
    “Site inspections are required for the first installation of all industrialized housing and permanent industrialized buildings.”
  • Certificate of occupancyLimited

    Industrialized housing and buildings subject to the Texas Industrialized Housing and Buildings rules, where a local building official administers certificate-of-occupancy rules.

    • The certificate of occupancy is issued by the local building official in accordance with locally adopted rules and regulations.
    • A building or structure may not be used or occupied, and its occupancy classification may not be changed, until the local building official issues a certificate of occupancy under those locally adopted rules.
    • The state rule provision does not itself create a uniform certificate-of-occupancy process for all Texas construction; local adoption and administration control for this industrialized-housing/buildings provision.
    “The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations.”
  • Who permits septicMixed (with conditions)

    OSSF permitting, inspection, and administration throughout Texas.

    • TCEQ administers the program in areas where no local jurisdiction has been authorized.
    • A local governmental entity may administer the program only after an order, ordinance, or resolution is approved by TCEQ.
    • The authorized agent administers the program within its approved area of jurisdiction.
    • Local programs may adopt requirements more stringent than state minimums.
    “The authorized agent is responsible for the proper implementation of Texas Health and Safety Code, Chapter 366, 30 TAC Chapter 285, including reviewing OSSF permit applications, conducting inspections, investigating complaints, and more.”
    2 more reviewed findings on this topic
    • State (with conditions) — Texas locations, including Swisher County, where no local governmental entity has an OSSF order, ordinance, or resolution approved by the executive director.
      “The executive director is the permitting authority unless a local governmental entity has an OSSF order, ordinance, or resolution approved by the executive director. In areas where the executive director is the permitting authority, the staff from the appropriate regional office shall be responsible for the proper implementation of this chapter.”
    • Mixed — On-site sewage facilities, including septic systems, throughout Texas
      “TCEQ is not often the OSSF permitting authority. [...] The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
  • Septic permitLimited

    Single-family-dwelling OSSFs meeting Texas's 10-acre exemption or listed emergency-repair conditions.

    • The OSSF must comply with all other 30 TAC Chapter 285 planning, construction, and installation requirements.
    • The property must receive a site evaluation by a TCEQ-licensed site evaluator or professional engineer.
    • The OSSF must serve a single-family dwelling on a tract of 10 acres or more.
    • The OSSF must not cause a nuisance or pollute groundwater.
    • All parts of the OSSF must be at least 100 feet from the property line.
    • Effluent must be disposed of on the property.
    • The single-family dwelling must be the only dwelling on the tract.
    • Emergency repairs include replacing tank lids, inlet and outlet devices, risers and riser caps, disinfection devices, damaged drip-irrigation tubing, and repairing solid lines; written notice is due within 72 hours after repairs begin.

    minimum tract size: >= 10 acres · minimum OSSF distance from property line: >= 100 feet · emergency-repair notice deadline: <= 72 hours (after repairs have begun)

    “An OSSF may be exempt from permitting if it [...] meets the “10 acre rule”:”
    4 more reviewed findings on this topic
    • Required — Construction, installation, alteration, extension, repair, or operation of an OSSF in Texas, including Swisher County.
      “A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.”
    • Required — Construction, installation, alteration, extension, or repair of an on-site sewage facility, including septic systems, in Texas, including Swisher County unless an applicable exemption applies.
      “Permits are required for on-site sewage facilities (OSSFs)”
    • Required — Construction, installation, alteration, extension, or repair of an OSSF in Texas
      “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”:”
    • Required — Construction, installation, alteration, extension, repair, and operation of OSSFs in Texas, subject to stated exemptions and local requirements.
      “A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.”
  • Septic inspectionLimited

    Construction inspection of permitted OSSFs in Texas, including Swisher County.

    • The permitting authority must conduct a construction inspection for permitted systems.
    • The installer must notify the permitting authority at least five working days before the OSSF is ready for inspection.
    • An OSSF for a single-family dwelling on a tract of at least 10 acres requires no planning materials, permit, or inspection only if it meets all stated conditions: 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.
    • If the system fails inspection, it cannot be used until it passes inspection.
    • A reinspection fee may be assessed and must be paid before reinspection.

    inspection notice period: >= 5 working days (Monday through Friday, excluding holidays.) · minimum tract size for no-inspection exception: >= 10 acres (All stated §285.3(f)(2) conditions must also be satisfied.) · minimum separation from property line for no-inspection exception: >= 100 feet (Applies to all parts of the OSSF.)

    “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.”
    2 more reviewed findings on this topic
    • Limited — OSSF installation and, where applicable, maintenance inspections in Texas
      “Many times, the AA has a "designated representative" (DR) to assist them with their responsibilities, which include reviewing plans for constructing, altering, extending or repairing each OSSF; issuing permits; and inspecting system installation. [...] If the system uses an electronic monitor, automatic radio or telephone to notify the maintenance provider of system or component failure and to monitor the amount of disinfection in the system, reporting may be reduced to every six months.”
    • Limited — OSSFs using secondary treatment or drip irrigation in Texas.
      “A system using secondary treatment or drip irrigation must be inspected by a valid maintenance company once every four months, or be maintained by the single family homeowner, where allowed.”
  • Off-grid sanitationLimited

    Off-grid wastewater sanitation through an OSSF in Texas.

    • An OSSF generally requires a permit and approved plan before construction, installation, alteration, extension, repair, or operation.
    • A qualifying single-family dwelling on a tract of at least 10 acres may use the 10-acre permitting exemption only if every stated site-evaluation, setback, nuisance, groundwater, on-site disposal, and single-dwelling condition is met.
    • Local permitting authorities may impose requirements more stringent than state minimums.
    • Emergency repairs are exempt from permitting only for the listed repair types and must be reported in writing within 72 hours after repairs begin.

    10-acre exemption tract size: >= 10 acres (all TCEQ conditions must be satisfied) · 10-acre exemption OSSF setback: >= 100 feet from property line (all parts of the 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”:”
    2 more reviewed findings on this topic
    • Limited — On-site sewage facilities, including septic systems and holding tanks, used for domestic sewage treatment in Texas, including Swisher County.
      “Permits are required for on-site sewage facilities (OSSFs) including septic systems and holding tanks.”
    • Limited — Composting toilets used as on-site sewage facility treatment systems in Texas.
      “Composting toilets will be approved by the executive director provided the system has been tested and certified under NSF International Standard 41 (1999) or under any other standards approved by the executive director.”
  • Mandatory utility hookupWater and sewer (with conditions)

    Utility service to subdivided land in a county any part of which is within 100 miles of an international border, contains the majority of the area of a municipality with a population greater than 250,000, and is not a county within 50 miles of an international border, where Texas Local Government Code Chapter 232, Subchapter B applies.

    • The utility must receive either a commissioners-court certificate under Local Government Code §232.028(a), or a commissioners-court determination under §232.028(b)(1) that the plat has been reviewed and approved.
    • The operative restriction excepts Local Government Code §232.0291(d) and §232.037(c).
    • The underlying subchapter applies only to land subdivided into two or more lots intended primarily for residential use in the county's jurisdiction; a lot of five acres or less is presumed residential.
    • The underlying subchapter does not apply if the subdivision is a qualifying gift between relatives within the third degree, if all subdivision lots exceed 10 acres, or to a county to which Subchapter G applies.
    • For this subchapter, county jurisdiction means land in the county outside municipal corporate limits, except where a municipal-county agreement under Local Government Code §242.001 authorizes municipal plat and permit regulation in the municipality's extraterritorial jurisdiction.
    “Except as provided by Subsection (d) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court.”
    One more reviewed finding on this topic
    • Water and sewer (with conditions) — Utility service to subdivided land in a county any part of which is within 50 miles of an international border, where Texas Local Government Code Chapter 232, Subchapter B applies.
      “Except as provided by Subsection (c) or Section 232.037(c), a utility may not serve or connect any subdivided land with water or sewer services unless the utility receives a certificate issued by the commissioners court under Section 232.028(a) or receives a determination from the commissioners court under Section 232.028(b)(1) that the plat has been reviewed and approved by the commissioners court.”
  • Agricultural exemptionAvailable (with conditions)

    Texas professional-engineering licensing for a person or entity constructing or preparing plans for a private building used exclusively for farm, ranch, or agricultural purposes, or storage of raw agricultural commodities.

    • The person or entity must not make or imply a representation that engineering services have been or will be offered to the public.
    • The building must be private and used exclusively for farm, ranch, or agricultural purposes, or for storage of raw agricultural commodities.
    • This is an exemption from Chapter 1001 engineering-licensing requirements, not an affirmative exemption from locally administered building permits, zoning, septic, floodplain, well, or other requirements.
    • The Section 1001.056 exemption does not apply to engineering design or inspection necessary for residential-dwelling windstorm certification under Insurance Code Chapter 2210, Subchapter F.
    • The Section 1001.056 exemption does not apply to engineering design for a residential-dwelling slab on qualifying expansive soil unless the work meets IRC requirements as applied in the jurisdiction where the dwelling is located.
    “exempt from the licensing requirements of this chapter if: [...] (E) a private building to be used exclusively for: (i) farm, ranch, or agricultural purposes”
    2 more reviewed findings on this topic
    • Available (with conditions) — Conditional exemption from county subdivision plat requirements for qualifying tracts outside municipality limits in Texas, including potential application in unincorporated Swisher County.
      “A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and (2) the land 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. (d) If a tract described by Subsection (c) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply.”
    • Available (with conditions) — Division of land outside municipal limits in unincorporated Swisher County when the tract is divided into two or more parts and the statutory conditions are satisfied.
      “(c) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and (2) the land 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. (d) If a tract described by Subsection (c) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply.”
  • Shed and accessory-building permit exemptionAvailable (with conditions)

    Texas professional-engineering licensing for a garage or other structure pertinent to a qualifying private dwelling or limited-size apartment building.

    • The person or entity must not make or imply a representation that engineering services have been or will be offered to the public.
    • The accessory structure must be a garage or other structure pertinent to a private dwelling, a one-story apartment building with no more than eight units, or an apartment building no more than two stories high with no more than four units.
    • This is an exemption from Chapter 1001 engineering-licensing requirements, not an affirmative exemption from locally administered building permits, zoning, septic, floodplain, well, or other requirements.
    • The Section 1001.056 exemption does not apply to engineering design or inspection necessary for residential-dwelling windstorm certification under Insurance Code Chapter 2210, Subchapter F.
    • The Section 1001.056 exemption does not apply to engineering design for a residential-dwelling slab on qualifying expansive soil unless the work meets IRC requirements as applied in the jurisdiction where the dwelling is located.
    “exempt from the licensing requirements of this chapter [...] (D) a garage or other structure pertinent to a building described by Paragraph (A), (B), or (C);”
  • Subdividing landLimited

    Subdivision plat requirements for tracts located outside municipality limits in Texas, including potential application in unincorporated Swisher County.

    • The owner divides the tract into two or more parts.
    • The owner does not lay out a part of the tract described by Texas Local Government Code Section 232.001(a)(3).
    • For the agricultural exception, the land must be used primarily for agricultural use, or for farm, ranch, wildlife management, or timber production use.
    • If the tract ceases to be used primarily for those agricultural, farm, ranch, wildlife-management, or timber-production purposes, the platting requirements apply.
    • The statute does not establish whether Swisher County has adopted additional local subdivision standards.
    “A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and (2) the land 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. (d) If a tract described by Subsection (c) ceases to be used primarily for agricultural use or for farm, ranch, wildlife management, or timber production use, the platting requirements of this subchapter apply.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Division of land outside a municipality into two or more parts to lay out a subdivision, lots, or streets, alleys, squares, parks, or other parts intended for public use; the rule applies to unincorporated Swisher County through Texas Local Government Code Chapter 232.
      “(a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: (1) a subdivision of the tract, including an addition; (2) lots; or (3) streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use”
  • Driveway accessRequired

    New or modified access driveways from property in Swisher County to a Texas state highway, including properties served by the TxDOT Lubbock District.

    • A TxDOT Form 1058 must be completed and submitted to the local District TxDOT office.
    • Applications must be made by the property owner or authorized representative for the bona fide purpose of securing or changing access to the owner's property, not for parking or servicing vehicles on state highway rights of way.
    • No driveway construction may begin in the highway right of way until a fully executed driveway permit has been received and the applicant has given TxDOT 24-hour notification.
    • The driveway must be constructed in accordance with the executed permit and applicable regulations; TxDOT will inspect the construction.
    • If a local public agency has been granted state-highway access-permitting authority, that transfer does not eliminate engineering, drainage, or TxDOT approval requirements; transfer requires the agency's request and TxDOT approval.
    • At a state-highway intersection where the right of way is flared or widened for sight distance, no access driveway is permitted within that flared or widened section.
    • Driveway angle must generally be 75 to 90 degrees; one-way 45 to 90 degree driveways are permitted for one-way frontage roads or lane-divided highways.
    • Private residential driveways may not exceed 24 feet in width measured at right angles to the driveway centerline, except as increased by permissible radii; the connecting radius may not be less than 15 feet.
    • Commercial driveway width and curvature vary by traffic and location and must follow the applicable Roadway Design Manual criteria.
    • Drainage structures, side-ditch alterations, materials, accessibility, environmental, utility, and applicable state and federal requirements must also be satisfied.

    permit form: Form 1058 · advance notification before construction: 24 hours · private residential driveway width: <= 24 feet (Except as increased by permissible radii.) · private residential driveway connection radius: >= 15 feet · standard driveway angle: 75-90 degrees (One-way 45-90 degree angle driveways are permitted for connections to one-way frontage roads or lane-divided highways.)

    “Under the provisions and policies of Texas Administrative Code, Title 43, Chapter 11, Subchapter C, the department will issue access driveway permits to owners of property abutting state highways. [...] A completed Permit Form 1058 is necessary whenever new access driveways are constructed or existing access driveways are modified.”
    One more reviewed finding on this topic
  • Permit feesVariable (with conditions)

    On-site sewage facility permit fees applicable in Swisher County when TCEQ is the permitting authority, and the state minimum framework governing local authorized agents.

    • Where a local authorized agent administers the OSSF program, the authorized agent sets OSSF permit and inspection fees.
    • For TCEQ-administered permits, the application fee is $200 for a single-family dwelling or $400 for other OSSFs, plus a $10 commission fee.
    • TCEQ-administered fees are payable when the owner or agent applies, by money order or check payable to the Texas Commission on Environmental Quality.
    • The re-inspection fee equals one-half of the permit fee in effect when the original application was submitted; application fees are nonrefundable.

    single-family OSSF application fee: 200 USD · other OSSF application fee: 400 USD · commission fee per OSSF permit: 10 USD · re-inspection fee: one-half of permit fee in effect at original application USD

    “The OSSF permit and inspection fees will be set by the authorized agent. Additionally, a fee of $10 shall be assessed for each OSSF permit for the commission as required in the Texas Health and Safety Code, Chapter 367.”
    2 more reviewed findings on this topic
    • Variable (with conditions) — Municipal building-permit fees for constructing, renovating, or remodeling structures in Texas municipalities.
      “In this section, "building permit fee" means a fee charged by a municipality as a condition to constructing, renovating, or remodeling a structure.”
    • Published (with conditions) — A Texas Department of Licensing and Regulation residential or commercial installation permit for each building containing industrialized-housing or industrialized-building modules or modular components.
      “Residential and Commercial Installation Permit | $75 for each building containing industrialized housing or buildings modules or modular components | Installation permit is in lieu of an industrialized builder’s registration in accordance with rule §§ 70.20 and 70.25.”
  • 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”
    One more reviewed finding on this topic
    • Published (with conditions) — On-site sewage facility permitting process applicable in Swisher County.
      “Applications and planning materials must be submitted to the permitting authority. To find your permitting authority, search by the county the OSSF is to be located. The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
  • 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.”
    One more reviewed finding on this topic
    • Limited — County zoning authority over unincorporated land in Texas, where a specific statutory grant applies.
      “As you suggest, a county has very limited and specific zoning authority, and none that may be used to regulate construction or operation of the proposed facility.”
  • 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.”
    One more reviewed finding on this topic
    • Limited — County fire-code adoption and building-permit authority for specified buildings in unincorporated areas of qualifying Texas counties, including multifamily residential dwellings of four or more units.
      “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.”

Inside cities and towns in Swisher County

Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.

  • Building code adoptedAdopted (with conditions)

    Residential buildings located within the city limits of Kress, Texas, in Swisher County, under the City's Minimum Housing Standards Code.

    • Applies to buildings or portions used, designed, or intended for human habitation.
    • Existing legal use or occupancy may continue if it is not dangerous and the structure is not substandard under the Code.
    • Existing buildings repaired, altered, or enlarged must conform insofar as the new work is concerned.
    • Relocated existing buildings are treated as new construction and must comply with the Code and the Uniform Building Code adopted at initial inspection.
    • The source does not establish countywide applicability or applicability in other Swisher County municipalities.

    adopted code edition: 1970 Edition of the Uniform Building Code, Volume III, Housing Code, with amendments for Kress

    “to conform same to the specific needs of the City of KRESS , Texas, is herepy adopted as the minimum requirements for the protection of 1ife, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings located within the City limits of ____KRESS , Texas.”
  • Local zoningPresent (with conditions)

    Zoning and development regulation within the incorporated City of Tulia, Texas.

    • The cited page states that the Tulia City Council regulates zoning and development; the geographic scope stated is the City of Tulia.
    • Specific district boundaries, dimensional standards, permits, fees, and exceptions require review of the City's zoning code and zoning map.
    “In addition to strategic planning and approving the annual budget, the council sets policy, enacts ordinances establishing municipal law, and regulates zoning and development.”

Still unanswered

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

  • Building in a floodplain — Floodplain development in Swisher County.
  • Short-term rentals — Short-term rentals in Swisher County.

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.

Water rights & wells in Swisher County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from Texas’s water agency.

Actively managed

This basin is under active state management — new water use is scrutinized, though a domestic well is usually still allowed.

Household wellExempt up to a limit

Texas groundwater is governed by the rule of capture; a Groundwater Conservation District must exempt qualifying domestic/livestock wells and may not restrict their production, but well registration and spacing rules can still apply and the exemption does not cover wells serving a platted subdivision.

Limit: Domestic/livestock well exempt from GCD production permitting if on a tract >10 acres AND incapable of producing >25,000 gal/day (Tex. Water Code §36.117)

Texas Water Code §36.117 / TWDB ↗
  • Briscoe, Hale & Swisher Counties Priority Groundwater Management Areapartial of county

    TCEQ-designated Ogallala/High Plains critical-groundwater area; drives GCD coverage. Domestic/livestock wells remain exempt but spacing/registration may apply.

    TCEQ — Priority Groundwater Management Areas ↗

Hybrid state (appropriation + riparian). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the Texas state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Swisher County, Texas

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

Swisher County scores 37/100 on the Bolthole Index, a marginal county profile. Its strengths: low administrative friction for a quiet rural property and manageable long-term carry cost. Watch-outs: thin water margin (20″/yr rainfall) and elevated mid-century heat, water, rain, or wildfire exposure.

How much does land cost in Swisher County, Texas?

Land in Swisher County runs about $1,428 per acre, based on the latest county data.

What is the water situation in Swisher County?

Swisher County gets about 20" of rain a year, with severe drought in roughly 40.5% of years. On water rights, Swisher County lies in the Briscoe, Hale & Swisher Counties Priority Groundwater Management Area — TCEQ-designated Ogallala/High Plains critical-groundwater area; drives GCD coverage. Domestic/livestock wells remain exempt but spacing/registration may apply..

How remote is Swisher County?

A representative private-land location has about 20,769 people within a 30-minute drive and 765,102 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.

How Swisher compares in Texas