Unincorporated Upshur County, Texas has no building department and does not require a general building permit1. Texas counties simply lack the legal authority to require one outside a handful of narrow exceptions2. The one permit the county does administer is a floodplain development permit, and only for land inside a mapped flood zone1. Septic systems are a separate matter, permitted through the Northeast Texas Municipal Water District, which charges $360 to permit a single-family system and $610 for multi-family or commercial systems34.
At a glance
- Building permit
- Not required in unincorporated Upshur County; only a floodplain permit applies in mapped flood zones1
- Zoning
- None countywide; only the incorporated cities of Gilmer and Big Sandy have their own zoning5678
- Septic permits
- Northeast Texas Municipal Water District (NETMWD), the TCEQ-designated representative; $360 single-family / $610 multi-family or commercial34
- RV / tiny home living
- Unrestricted under county rules, since there is no zoning ordinance6
- Minimum home size
- None set by the county6
- Owner-builder
- No permit program exists to require an exemption from; confirm details with the county9
- Subdivision plat
- Required to split unincorporated land into 2+ parts with public-use areas, unless it qualifies for an exception such as all lots over 10 acres or bona fide agricultural use10
- Septic soil difficulty
- Only 5.3% of county soils are free of severe limits for a conventional drain field11
Who to call
Floodplain permits
Upshur County Judge (Floodplain Administrator)
Floodplain Development Permits under the county's Flood Damage Prevention Ordinance; the ordinance names the County Judge or designee as Floodplain Administrator
Upshur County Court House, 3rd Floor, PO Box 730, Gilmer, TX 75644
Septic permits
Northeast Texas Municipal Water District (NETMWD), Onsite Septic Program
OSSF (septic) permit applications and fees for Upshur County
4180 FM 250 South, Hughes Springs, TX 75656
Roads & driveways
County road questions and driveway access onto county roads
2255 HWY 271 N, Gilmer, TX 75644
Contact details are copied from each office’s official page and were checked against it on September 23, 2026.
Do you need a building permit in Upshur County, Texas?
No. Unincorporated Upshur County has no building department, and Texas counties are not given general authority to require residential building permits1. State law grants counties that power only in narrow situations, such as fire-code permits for counties over 250,000 people (or adjacent to one) covering commercial and larger multifamily buildings, or residential standards a county formally adopts by resolution near an international border2. Upshur County has not been shown to have adopted either, so an ordinary single-family home, cabin, barn or shop built in unincorporated Upshur County does not go through a county building-permit review. The one exception: if the land sits inside a mapped flood hazard area, a Floodplain Development Permit is required before construction begins1.
Who handles floodplain and septic permits in Upshur County?
There is no building official to call because Upshur County doesn't run a building-permit program1. For land in a mapped flood zone, the Floodplain Administrator is the Upshur County Judge or a designee under the county's Flood Damage Prevention Ordinance12. For septic systems, the office to call is not a county department at all: it's the Northeast Texas Municipal Water District, TCEQ's designated representative for OSSF (septic) permits in Upshur County, charging $360 for a single-family system and $610 for multi-family or commercial13144. For driveway culverts tied to county subdivision-road work, Road & Bridge requires prior approval of the culvert size and material, with a 15-inch minimum inside diameter unless otherwise approved1516. One caution: an unrelated Upshur County in West Virginia does run a building-permit office and shows up in the same web searches — that office has no authority over land in Upshur County, Texas.
Does Upshur County have zoning?
No, not in unincorporated areas. Upshur County itself has no zoning ordinance, and Texas law gives zoning power to counties only for a handful of special geographic areas — Padre Island beaches in Cameron or Willacy County, certain lakes, military zones, and a few others — none of which include Upshur County517. The cities inside the county are a different story: Gilmer has its own zoning ordinance, and Big Sandy zones land into residential, business, industrial, RV-park and manufactured-home districts, so land inside either city limit is governed by that city's rules, not the county's78. Outside those cities, the county sets no minimum home size, no minimum lot size, no setbacks and no building-height limit6. That silence also means RVs, tiny homes, manufactured homes and accessory dwellings are unrestricted under county rules, and temporary camping on your own land is not regulated by the county6. One county-level rule still applies to unincorporated land: splitting a tract into two or more parts that lay out streets, alleys or other shared-use areas requires a subdivision plat, unless the split qualifies for an exception such as every resulting lot being larger than 10 acres, transferring four or fewer parts to close relatives, or land used primarily for agriculture, ranching, wildlife management or timber production1018.
How do septic permits work in Upshur County?
Every new or replaced septic system (an OSSF, or on-site sewage facility) in Upshur County needs a permit from the Northeast Texas Municipal Water District, TCEQ's designated representative for Upshur, Morris, Marion and Cass counties14. NETMWD requires the completed application and fee before you build a structure with water-using devices, or before you repair or replace an existing system, and charges $360 for a single-family residence or $610 for a multi-family or commercial system19. NETMWD or its designated representative also inspects the system installation before it's covered20. Soils matter here: only 5.3% of Upshur County's land is free of severe limitations for a conventional drain field, so plan on a site evaluation early and expect many properties to need an aerobic or alternative system rather than a standard gravity drain field11. Texas does offer a narrow exemption from OSSF permitting on tracts of 10 acres or more, but only if a licensed site evaluator or engineer signs off, the dwelling is the only one on the tract, every part of the system stays at least 100 feet from the property line, and effluent stays on the property21. On anything smaller than that 10-acre threshold, or if any condition isn't met, permitting through NETMWD is required before you build19.
Can you live in an RV or tiny home on your land in Upshur County?
Unincorporated Upshur County has no zoning ordinance restricting how you occupy your own land, so there's no county rule limiting RV or tiny-home living, and no minimum home size or minimum lot size to meet6. That's a real advantage over counties with active zoning, but it comes with a gap the county's own records don't fill: no official source confirms whether the county requires or issues a certificate of occupancy, so ask the County Judge's office directly before you assume a certificate isn't needed for anything you build1. If your land sits in a mapped flood zone, remember the floodplain permit still applies to placing a structure there, RV or otherwise1.
Building a home in Upshur County: the steps, in order
First, confirm whether your parcel is in a mapped flood zone; if it is, apply for a Floodplain Development Permit through the County Judge's office before any construction or placement of a structure121. Next, order a site and soil evaluation for your septic system early, since most of the county's soils have severe limitations for a conventional drain field11. Then apply for your OSSF (septic) permit through the Northeast Texas Municipal Water District before installing the system, paying $360 for a single-family system or $610 for a multi-family or commercial one, unless your tract qualifies for the state's 10-acre exemption13421. If you're building a driveway culvert as part of a subdivision road, get Road & Bridge approval first, with at least a 15-inch inside diameter unless otherwise approved16. If your driveway will connect to a state highway, apply to the TxDOT district office using Form 1058 before construction, and give TxDOT 24-hour notice before work begins22. Finally, build: there is no countywide building-permit review or inspection to schedule for an ordinary single-family home outside a flood zone1.
What to check before you buy land in Upshur County
Water and soils go together here: annual precipitation runs about 48 inches a year, but 16.6% of years bring severe drought, and with only 5.3% of soils free of septic limitations, a reliable well and a well-planned septic design both deserve real budget232411. Land is mostly gentle and wooded — 81.2% of the county sits at 15% slope or less and 58.8% is forested — which is good for building sites but means clearing costs are real if you need open pasture2526. Check FEMA flood maps before you buy, since that's the one trigger for a county permit here1. If the tract you're buying was recently split off a larger parcel outside a city, confirm it went through the county's subdivision-plat process or qualified for an exception, since that affects road access and utility easements10. Typical property tax runs about 1.2% effectively, with a median bill near $2,099 a year, and the typical home value in the county is around $241,675272829.
Watch-outs
- No official source confirms whether Upshur County requires a certificate of occupancy or performs building inspections outside the floodplain program, so confirm directly with the County Judge's office1.
- Search results for 'Upshur County building permit' often surface Upshur County, West Virginia's building department1 — that office has no jurisdiction over land in Upshur County, Texas.
Sources
- Upshur County (TX) Flood Damage Prevention Ordinance (2026 county census)
- Local Government Code Chapter 233, County Regulation of Housing and Other Structures (Texas statewide rule), quoted and re-checked
- Northeast Texas Municipal Water District — Onsite Septic Program (2026 county census)
- Onsite Septic Program, quoted and re-checked
- County of Upshur (TX) — Departments (2026 county census)
- Texas law on county zoning and building authority
- Ordinances | City of Gilmer, Texas, quoted and re-checked
- Zoning | City of Big Sandy, Texas, quoted and re-checked
- (2026 county census)
- Upshur County Subdivision Specifications, quoted and re-checked
- Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
- Upshur County Judge (Floodplain Administrator) (countyofupshur.com)
- Northeast Texas Municipal Water District (NETMWD), Onsite Septic Program (netmwd.com)
- Onsite Septic Program, quoted and re-checked
- Upshur County Road & Bridge (countyofupshur.com)
- Upshur County Specifications for Subdivision Roads, quoted and re-checked
- Local Government Code Chapter 231, County Zoning Authority (Texas statewide rule), quoted and re-checked
- Upshur County Subdivision Specifications, quoted and re-checked
- Onsite Septic Program, quoted and re-checked
- Onsite Septic Program, quoted and re-checked
- Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
- Section 4: Driveway Permits, Design, and Materials (Texas statewide rule), quoted and re-checked
- Annual precipitation: Bolthole Index county data
- Share of years in severe drought: Bolthole Index county data
- Share of land at 15% slope or less: Bolthole Index county data
- Wooded share of land: Bolthole Index county data
- Effective property tax rate: Bolthole Index county data
- Median property tax bill: Bolthole Index county data
- Typical home value (Zillow): Bolthole Index county data
Written September 23, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.