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 permit1. Swisher County has no county zoning ordinance, so county rules set no minimum home size, lot size or zoning setback23. Septic work follows a separate permit process through TCEQ's Region 1 office in Amarillo45.
At a glance
Building permit
No general county permit in unincorporated Swisher County1
Zoning
No county zoning ordinance for unincorporated land23
Contact details are copied from each office’s official page and were checked against it on September 28, 2026.
Do you need a building permit in Swisher County, Texas?
Unincorporated Swisher County does not require a general county building permit1. That answer is for county jurisdiction, not property inside Tulia, Kress or another municipality. Kress applies a housing code to residential buildings within Kress, and Tulia regulates zoning and development within Tulia910. Swisher County-specific building inspections and certificates of occupancy could not be confirmed, so ask the County Judge's office about those items before construction1112. Separate approvals can still apply to the site: septic work generally needs an OSSF permit, qualifying wells need an HPWD permit, and new or modified access to a state highway needs a TxDOT driveway permit13714.
Who handles building and land permits in Swisher County?
Swisher County does not have a general county building-permit department for unincorporated homes1. Start with the Swisher County Judge's office when a project raises county-specific questions about floodplain development, inspections, occupancy approval or subdivision requirements that could not be confirmed from published county material11. For septic permits, contact the TCEQ Region 1 office in Amarillo; TCEQ lists Swisher among the counties covered by that office45. Water-well permits are handled separately by the High Plains Underground Water Conservation District when a proposed well is expected to produce at least 17.5 gallons per minute7. A state-highway driveway goes through TxDOT rather than the county14. Inside a municipality, contact that city before relying on the county answer because Kress and Tulia have their own rules910.
Does Swisher County have zoning?
Unincorporated Swisher County has no county zoning ordinance2. County zoning therefore sets no minimum dwelling size, minimum lot size, setback, lot coverage or building-height limit on unincorporated land3. The same county-zoning answer leaves RV occupancy, tiny-home occupancy, manufactured homes, accessory dwellings and temporary camping unrestricted3. No zoning does not erase rules outside zoning: septic, wells, highway access, deed restrictions and a land division can still affect a project. Texas platting law can apply when an owner divides land outside a municipality, although a conditional exception exists for qualifying agricultural, farm, ranch, wildlife-management or timber-production use1516. Municipal boundaries matter. Tulia regulates zoning and development inside Tulia, while Kress has adopted housing standards for residential buildings inside Kress109.
How do septic permits work in Swisher County?
A permit and approved plan are generally required to construct, alter, repair, extend or operate an OSSF in Swisher County13. Start with TCEQ Region 1 in Amarillo, which covers Swisher County45. Submit the application and planning materials to the permitting authority; the published process calls for a decision within 30 days and a preconstruction site evaluation by a licensed site evaluator or professional engineer17. When TCEQ administers the permit, the fee is $200 for a single-family OSSF or $400 for another OSSF, plus a $10 commission fee6. The installer must give at least five working days' notice before a permitted system is ready for inspection18. Only 11.1% of county soils lack severe limitations for a conventional drain field, so make the site evaluation an early budget item8. A single-family system on at least 10 acres can avoid permitting and inspection only when every listed condition is met, including 100-foot property-line separation and disposal of effluent on the tract1318.
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 camping3. County zoning also sets no minimum dwelling size or minimum lot size there3. That does not make a parcel rule-free. Septic systems and holding tanks generally require an approved OSSF plan and permit, subject to narrow exceptions19. A well expected to produce at least 17.5 gallons per minute requires an HPWD permit before drilling and production7. Swisher County-specific inspection, occupancy and owner-builder procedures could not be confirmed, so ask the County Judge's office before placing or occupying a structure1211. Properties inside Tulia or Kress need a city review because the county's unincorporated-land answer does not override municipal rules109.
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 answers109.
Ask the County Judge's office about floodplain development, inspections, occupancy approval and any county-specific subdivision process because those details could not be confirmed1112.
Arrange water. Obtain an HPWD permit before drilling a well expected to produce at least 17.5 gallons per minute7.
Get the septic site evaluation and submit the OSSF application and plans before installation1713.
If access will connect to a state highway, submit TxDOT Form 1058, receive the executed permit and give 24-hour notice before work in the right of way14.
Confirm that a newly divided tract was platted or qualifies for a statutory exception, then proceed without a general Swisher County building permit151.
What should you check before buying land in Swisher County?
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 limits20218. Ask a well professional about expected yield and check whether the 17.5-gallon-per-minute HPWD permit threshold will apply7. 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 county2223. Verify legal access and determine whether a new or changed state-highway driveway needs TxDOT approval14. If the parcel was split from a larger tract, confirm platting or a valid exception15. The effective property-tax rate is about 1.7%, and the median annual property-tax bill is about $1,5552425.
Watch-outs
Swisher County-specific building inspections, certificates of occupancy and owner-builder procedures could not be confirmed; ask the County Judge's office before starting work1211.
Tulia and Kress have municipal rules that do not apply to unincorporated Swisher County, so verify the parcel's jurisdiction first109.
A new or modified driveway connecting to a Texas state highway requires an executed TxDOT access permit before construction in the right of way14.
Written September 28, 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.
Swisher County highlighted among the Texas counties · colored by Index score
How Swisher County scores
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 →
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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
Zoning districts · by state lawNo county rule
Unincorporated Swisher County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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 Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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.”
Building permitNot required
No county building/permitting department is listed on the official Swisher County site; Texas counties lack general building-permit authority in unincorporated areas.
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:”
Who permits septicMixed
On-site sewage facilities, including septic systems, throughout Texas
In most areas, local governments act as TCEQ-authorized agents and administer the OSSF program.
The TCEQ regional office is the permitting authority where a local jurisdiction has not been authorized.
Local permitting programs may be more stringent than state minimums.
“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.”
One more reviewed finding 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.”
Septic permitRequired
Construction, installation, alteration, extension, repair, or operation of an OSSF in Texas, including Swisher County.
A permit and approved plan are generally required.
A single-family dwelling OSSF on a tract of at least 10 acres may be exempt if it meets all stated conditions: site evaluation by a licensed site evaluator or professional engineer; 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.
Emergency repairs listed by TCEQ do not require a permit but must be reported to the permitting authority in writing within 72 hours after repairs begin.
Grandfathered systems may be exempt if they meet the stated installation-date, nuisance, repair, and alteration conditions.
minimum tract size for 10-acre exemption: >= 10 acres (All other exemption conditions must also be satisfied.) · minimum OSSF separation from property line for 10-acre exemption: >= 100 feet (Applies to all parts of the OSSF.) · emergency-repair report deadline: <= 72 hours (Measured after repairs have begun; report must be in writing.)
“A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.”
One more reviewed finding on this topic
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”:”
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.”
One more reviewed finding 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.”
Off-grid sanitationLimited
On-site sewage facilities, including septic systems and holding tanks, used for domestic sewage treatment in Texas, including Swisher County.
The OSSF generally requires a permit and approved plan before construction, alteration, repair, extension, or operation.
Local permitting programs may be more stringent than state minimums.
The 10-acre single-family-dwelling exemption and emergency-repair exception apply only when all stated conditions are met.
minimum tract size for listed exemption: >= 10 acres (Single-family dwelling and all other TCEQ conditions required.) · minimum separation from property line for listed exemption: >= 100 feet (All parts of the OSSF.)
“Permits are required for on-site sewage facilities (OSSFs) including septic systems and holding tanks.”
Agricultural exemptionAvailable (with conditions)
Conditional exemption from county subdivision plat requirements for qualifying tracts outside municipality limits in Texas, including potential application in unincorporated Swisher County.
The tract is outside the limits of a municipality.
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).
The land is used primarily for agricultural use, or for farm, ranch, wildlife management, or timber production use.
If the qualifying use ends, the platting requirements apply.
“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.”
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.”
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
Required — New or modified access driveways connecting property to a Texas state highway right of way.
“A driveway must be constructed in accordance with a fully executed driveway permit”
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.”
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.”
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.”
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.
Owner-builder exemption — Owner-builder exemptions from building permits, inspections, or occupancy approvals in Swisher County, including unincorporated areas.
Inspections — Building inspections in Swisher County, including unincorporated areas.
Certificate of occupancy — Certificates of occupancy in Swisher County, including unincorporated areas.
Mandatory utility hookup — Required connection to public water or sewer utilities for property in Swisher County, Texas.
Building in a floodplain — Floodplain development in Swisher County.
1 more unanswered
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.
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)
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.
Do you need a building permit in Swisher County, Texas?
Swisher County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Texas Commission on Environmental Quality (TCEQ) OSSF program. 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 Swisher County?
Living in an RV on your own land in Swisher County is allowed: Unincorporated Swisher County: no county rule sets this, because Texas law gives zoning power only to certain counties, and Swisher County has no zoning ordinance. 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. A tiny home is allowed. Confirm with the county before relying on it.
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.
Off-grid gear
Going off-grid in Swisher County means bringing your own water and power. The kit we’d start with:
