In unincorporated Clay County you do not need a county building permit or zoning approval: the County’s own notice says neither is required outside city limits. What the County does regulate is septic systems, through its On-Site Sewage Facilities (OSSF) program at 940-447-5032, and land division under subdivision rules adopted in November 2024. Inside Henrietta, the City’s building inspector issues permits at $0.25 per square foot.
Who issues building permits in Clay County?
The County publishes a one-page notice for unincorporated areas: no building permits and no zoning requirements apply there. Septic work goes to the County’s OSSF designated representative, which TCEQ lists as its agent for the whole county except the City of Bellevue; TCEQ also lists the City of Petrolia as the agent inside Petrolia’s limits and names no local agent for Bellevue, where its Region 3 office in Abilene is the permitting authority. General questions go to the County Judge’s office at 940-538-4651. Clay County has eight incorporated places, and each handles its own construction rules:
Short on time to read all of this?
Get a free quote →| Place (2025 population) | Who issues building permits |
|---|---|
| Henrietta (3,258), county seat | City of Henrietta: a council-appointed building inspector issues construction permits and inspects; City Hall, 101 North Main, 940-538-4316 |
| Wichita Falls (2 residents in Clay County) | City of Wichita Falls, which permits inside its own limits |
| Petrolia (534), Dean (521), Byers (469), Bellevue (298), Jolly (168) | The published sources do not say; ask city hall before building (Texas Municipal League listings: Petrolia 940-524-3315, Byers 940-529-6149, Bellevue 940-928-2109) |
| Windthorst (17 residents in Clay County) | The published sources do not say; the town lies mostly in Archer County, so ask town hall |
| Unincorporated Clay County | No building permit or zoning; OSSF permit for septic systems |
| Office | Contact |
|---|---|
| OSSF (septic) designated representative | 940-447-5032 |
| County Judge | 940-538-4651 |
| County Clerk (plat recording) | 214 N. Main St., P.O. Box 548, Henrietta, TX 76365; 940-538-4631; ccclerk@claycountytx.com |
What still needs county approval outside the cities?
A house, barn or shop on rural land needs no county building permit, but these county approvals can still apply:
Not sure this scope needs a permit?
Get a free quote →- Septic system: an OSSF permit from the County’s designated representative before a system is installed. Subdivision plats where lots will use septic must carry the note that all OSSF systems must comply with TCEQ rules.
- Dividing land: a plat approved by Commissioners Court under the subdivision regulations. Agricultural divisions, and splits into four or fewer parts that go to relatives within the third degree, are among the exemptions the regulations list.
- Rentals, RV parks, tiny homes and campgrounds: subdivisions for rental or short-term rental use, RVs, tiny homes or campgrounds are treated as Tier One subdivisions, and manufactured home rental communities have their own County requirements.
- Driveway into a new subdivision: a permit to build an access driveway in the county road right-of-way, signed by the precinct commissioner, who inspects the work. The developer pays for and installs the culvert.
- Water supply for new lots on wells: the plat application must include a groundwater availability study.
Clay County subdivision and plat fees
With no county building permit, the County’s published fees are for subdivisions and plat recording. Subdivision fees are listed in Appendix P of the November 2024 regulations and are paid to the County Clerk, with the application and within 10 days of approval.
| Project | Fee |
|---|---|
| New First Tier subdivision | $750 application plus $750 on approval |
| New Second Tier subdivision | $500 application plus $500 on approval |
| Replat of an existing subdivision | $250 application plus $250 on approval |
| Recording an approved plat (Appendix P) | $250 |
| Manufactured home rental community review | $500 plus $100 per space up to 100 spaces, then $15 per space |
Rather talk it over?
Call 1-855-478-4290 →The County Clerk’s plat checklist sets the recording fee at $325 for a plat outside city limits and $85 inside a city, separate from the subdivision fees, and asks for one signed 18 by 24 inch original, a tax certificate from the Clay County Appraisal District (about $10) and a digital copy. Inside Henrietta, the City charges building permits at $0.25 per square foot for new homes, commercial buildings, alterations and additions.
Inspections in Henrietta and on rural land
The County does not inspect houses or other buildings outside the cities. The OSSF side is different: the County Permit Officer, or another TCEQ-authorized agent, reviews septic proposals and inspects systems for subdivisions.
In Henrietta, the city code requires three building inspections: when foundation and slab forms are set and rough plumbing is in, before walls are covered (after framing and roofing), and a final when the work is complete. Plumbing is permitted and inspected by a state-licensed plumbing inspector appointed by the City. Builders and building movers must register with the building inspector for the calendar year and post a $1,000 performance bond; an owner building on their own property does not need the bond. Buildings over one story, and anything other than a one- or two-unit home, need a floor plan and elevation with the application.
Rather not deal with the Clay County building department?
Get a free quote →Texas building code
Texas has no single statewide building code: state law makes the International Residential Code the base code for homes in cities and the International Building Code the base for commercial buildings, with each city choosing the edition and its own amendments, while the National Electrical Code and the energy code apply statewide. Outside city limits most counties issue no building permits for homes. Texas building code rules
Clay County permit search and official resources
- Clay County notice: building permits and zoning in unincorporated areas
- Clay County OSSF (septic) program
- Clay County Subdivision Regulations (November 2024)
- County Clerk plat filing requirements
- Manufactured home community requirements
- Clay County Clerk
- Henrietta Code of Ordinances, Chapter 5: Buildings
- TCEQ on-site sewage facility permits
Want this handled start to finish?
Get a free quote →Clay County permit FAQ
Do I need a building permit to build a house in rural Clay County?
No. The County states that no building permits or zoning requirements apply in unincorporated areas. You still need an OSSF permit if the house will have a septic system.
Who do I call about a septic permit in Clay County?
The County’s OSSF designated representative at 940-447-5032.
Does Henrietta require building permits?
Yes. Henrietta’s code requires a permit from the City’s building inspector to build, alter, move or demolish a building, at $0.25 per square foot.
Do I need county approval to split my land?
Usually a plat approved by Commissioners Court, unless the division fits one of the listed exemptions, such as land kept in agricultural use or a split into four or fewer parts for relatives.
Inspections are where schedules slip.
Get a free quote →How much does it cost to record a plat in Clay County?
The County Clerk charges $325 for a plat outside city limits and $85 inside a city, on top of the subdivision fees and a tax certificate.
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More Texas permitting guides
This guide is provided by Alliance Permitting for general information about Clay County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.