Hays County exercises real permitting authority. Under Local Government Code ch. 233, subchapter C a building permit is required in unincorporated areas whenever a new building is constructed for commercial, public accessible, or multi-family residential purposes, when a pre-built building is moved onto a property, or when an existing building undergoes a substantial improvement.
The county has also adopted the 2018 International Fire Code, which adopts the 2018 International Building Code by reference for new construction, remodels, and renovations of commercial properties, public buildings, and multi-family residential in unincorporated areas. The Hays County Fire Marshal’s Office is the authority having jurisdiction for enforcement.
Single-family is handled differently, and distinctively. The builder of a single-family residence, duplex, or triplex is required to submit a form attesting that there were three inspections of the home and that it meets the International Residential Code published as of May 2008 (the 2006 IRC), or the version adopted by the City of San Marcos as amended. Requirement without county inspection — verified by builder affidavit instead.
Covers unincorporated Hays County. San Marcos, Kyle, Buda, Dripping Springs, Wimberley, and Woodcreek permit their own territory. Note that Hays County does not have or use zoning regulations for developing in unincorporated areas. Confirm the parcel before filing.
Every permit is online — the county accepts no paper applications. All development, OSSF, food establishment, and junkyard permits in unincorporated Hays County are applied for through My Government Online. The Development Services Office does not accept paper applications, so a portal account is a prerequisite rather than a convenience.
What requires a county permit in Hays County?
Hays County is one of the Texas counties that genuinely permits, but only within the categories state law allows. Commercial, public accessible, and multi-family construction, pre-built placements, and substantial improvements fall under ch. 233; single-family construction does not, and is instead handled through the builder affidavit.
Alongside that sits a broad development permitting requirement: all development, on-site sewage facilities, food establishments, and junkyards in unincorporated Hays County require a permit.
County record required
- Development permit (floodplain) — all development in unincorporated areas
- On-site sewage facility permit — required regardless of lot size or acreage
- Ch. 233 building permit for commercial, public accessible, and multi-family construction
- Ch. 233 building permit for pre-built placements and substantial improvements
- Fire code permit through the Fire Marshal for commercial, public, and multi-family work
- Builder inspection affidavit for single-family, duplex, and triplex construction
- Food establishment and junkyard permits
- Edwards Aquifer Protection Plan where applicable
Outside county building authority
- County building permit for ordinary single-family construction
- County zoning — Hays County does not have or use zoning regulations
- County trade permits for electrical, plumbing, or mechanical
- Development permit for interior renovation — though added bedrooms may require an OSSF upgrade
Hays County building department: who handles permitting
Hays County Development Services administers development, OSSF, food establishment, and junkyard permitting through My Government Online, with an administrative review followed by a technical review assigned to an Inspector.
The Fire Marshal’s Office is a separate and essential authority here. It enforces the adopted fire and building codes for commercial, public, and multi-family work, and building and fire code permits are obtained through that office rather than Development Services.
| Detail | Information |
|---|---|
| Development Services | Hays County Development Services — (512) 393-2150 |
| Online portal | My Government Online / mgoconnect.org — select Texas, then Hays County |
| Paper applications | Not accepted by the Development Services Office |
| Ch. 233 authority | Tex. Local Gov’t Code Title 7, ch. 233, subch. C, §§233.061–233.067 |
| Substantial improvement | Two definitions used, found at §233.0615 |
| Adopted codes | 2018 International Fire Code with local amendments, effective 1 January 2020 |
| Fire Marshal | Authority having jurisdiction for building and fire code enforcement |
| Zoning | None — Hays County does not have or use zoning regulations |
The OSSF application document set is substantial: tax statement, site plan, location map, floor plan of the home or structure, septic planning materials, OSSF affidavit where applicable, and a two-year initial maintenance contract from a licensed provider for aerobic or advanced treatment systems. Assemble it before starting the application.
Hays County permits: record types and what each covers
Hays County belongs to the small group of Texas counties that genuinely permit. Under ch. 233 it issues building permits for commercial, public accessible, and multi-family construction, pre-built placements, and substantial improvements, and it has adopted the 2018 International Fire Code which brings in the 2018 IBC by reference. Single-family sits outside that authority and is handled by builder affidavit instead.
What Hays County actually issues
| Record | What triggers it | Who administers it | Notes |
|---|---|---|---|
| OSSF permit to construct | Installing, altering, repairing, or extending an on-site sewage facility where no public sewer is available | Hays County Development Services | Required statewide; soil evaluation by a licensed site evaluator is part of the application |
| OSSF license to operate | Issued after the permit to construct requirements are met and the system passes inspection | Hays County Development Services | Also triggered on transfer of ownership of an existing system |
| Floodplain development permit | Placing fill, setting a structure, or developing in or near a mapped special flood hazard area | County floodplain administrator | Substantial improvement and substantial damage rules attach to existing structures |
| Subdivision plat | Dividing land in the unincorporated county | Commissioners Court and county engineering | Road, drainage, and access standards apply |
| 911 address assignment | New structures and new access points needing an address | County addressing / emergency management | Usually a prerequisite for utility service |
| Right-of-way and driveway culvert | New or modified access onto a county road | County road and bridge / precinct | Culvert sizing set by drainage conditions |
| Water well registration | Drilling a water well | Edwards Aquifer Authority and the applicable groundwater district | Groundwater districts operate independently of the county |
| Builder inspection affidavit | New single-family residences, duplexes, and triplexes | Builder attests to the county | Attests to three inspections and compliance with the applicable IRC edition |
| Fire code permit | Commercial, public buildings, and multi-family residential | Hays County Fire Marshal’s Office | The Fire Marshal is the authority having jurisdiction for code enforcement |
| Edwards Aquifer Protection Plan | Development over the recharge or contributing zone, where applicable | Edwards Aquifer Authority / TCEQ | Runs outside county permitting and can add substantial time |
| Ch. 233 commercial / multifamily | New commercial, public-accessible, or multifamily buildings, and substantial improvements, where the county has adopted the authority | Commissioners Court | Scope is set by county order; confirm adoption before assuming it applies |
County reaches this
- On-site sewage facilities, everywhere in the state
- Floodplain development and substantial improvement
- Subdivision of land and county road access
- Addressing, and fire code where separately adopted
County generally does not
- Issue residential building permits in unincorporated areas
- Conduct residential construction inspections
- Issue a residential certificate of occupancy
- Enforce a residential building code absent a county order adopting one
Solar permits in Hays County
In unincorporated Hays County there is generally no county building permit for a residential rooftop or ground-mount photovoltaic system, because the county does not regulate residential construction. That is a jurisdictional fact rather than a green light: the electrical work still has to be performed by a TDLR-licensed electrician to code, and the utility still governs interconnection.
Utility interconnection is the real gate. The interconnecting utility — the wires company in deregulated territory, or the electric cooperative serving the parcel in much of rural East Texas — runs its own application, engineering review, and Permission to Operate process, and it is not waived by the absence of a county permit.
Under Tex. Prop. Code §202.010 a property owners' association cannot prohibit a solar energy device outright, and any dedicatory provision that does is void — but the statute preserves the association's right to require prior architectural approval and to impose placement and appearance conditions. Approval cannot be unreasonably withheld.
Inside San Marcos city limits the picture changes completely: the city permits solar like any other municipality. The jurisdiction question is the first question.
Roofing permits in Hays County
A residential roof covering replacement in unincorporated Hays County generally does not require a county permit, for the same reason: Texas counties have no general authority over residential construction outside city limits.
Two things still apply. If the structure sits in a mapped special flood hazard area, the county floodplain ordinance can reach the work through substantial improvement rules — and cumulative improvement value is what triggers them, so a reroof after other recent work can cross the threshold on its own. And commercial or multifamily buildings can fall under the county's Ch. 233 authority where it has been adopted.
Texas has no statewide product approval system and no central listing to check a roofing product against. Hail is the governing risk across East Texas, and impact-resistant Class 3 and Class 4 shingles carry insurance premium credits from most carriers. Under Tex. Prop. Code §202.011 a property owners' association cannot prohibit wind or hail resistant shingles, or shingles that improve energy efficiency.
Hays County sits on the Hill Country edge south of Austin at roughly 105 to 115 mph ultimate design wind speed under the codes regional cities adopt, far from the designated catastrophe area and outside any TDI windstorm requirement. Hail governs. The overlay that matters here is the Edwards Aquifer recharge zone, which brings water quality obligations to site work.
Texas has no statewide building code and no statewide general contractor license. In the unincorporated county the practical compliance surface is the trades — TDLR for electrical and mechanical, the TSBPE for plumbing — plus the county's environmental and floodplain records, rather than a building department.
Hays County permit cost and fees
Hays County publishes a fee schedule on its Documents and Forms page covering the various OSSF and development permit types. Fees are paid through My Government Online alongside the application.
The larger cost driver on a Hill Country parcel is the Edwards Aquifer overlay. Where a Water Pollution Abatement Plan applies, that process runs outside county permitting entirely and can add substantial time to a project.
| Fee component | How it works |
|---|---|
| Development permit | County fee per the published schedule |
| OSSF permit | Fee varies by system type; licensed design required |
| Aerobic system | Two-year initial maintenance contract from a licensed provider required |
| Ch. 233 building permit | Commercial, public accessible, multi-family, substantial improvement |
| Fire code permit | Through the Fire Marshal’s Office |
| Edwards Aquifer Protection Plan | Separate agency; can add substantial time |
Planning a build in unincorporated Hays County? Send us the parcel and scope and we’ll identify which county records apply, whether ch. 233 reaches the project, and how the aquifer overlay affects the schedule.
Hays County trade permits
Hays County does not run a residential trade permit program. On commercial, public, and multi-family work the Fire Marshal enforces the adopted building and fire codes, and trade licensure remains a state matter through TDLR and the TSBPE.
Electrical
No county residential trade permit. TDLR licensure applies, and TDLR retains enforcement authority in unincorporated areas.
Plumbing
No county residential trade permit for interior plumbing. The septic system is permitted through Development Services with a licensed design.
Mechanical / HVAC
No county residential trade permit. TDLR licensure applies to the contractor regardless.
Fire
The Fire Marshal’s Office is the authority having jurisdiction for the adopted fire and building codes on commercial, public, and multi-family work.
Hays County permit application: how to apply step by step
Check against San Marcos, Kyle, Buda, Dripping Springs, Wimberley, and Woodcreek. Note the county has no zoning.
Commercial, public accessible, multi-family, pre-built placement, and substantial improvement fall under county building authority. Single-family does not.
All applications are online; the county accepts no paper applications. Select Texas, then Hays County.
Tax statement, site plan, location map, floor plan, septic planning materials, affidavit where applicable, and a two-year maintenance contract for aerobic systems.
Commercial, public, and multi-family projects need building and fire code permits through the Fire Marshal’s Office as well.
Obtain an Edwards Aquifer Protection Plan where applicable, and confirm the tract is compliant with the county subdivision regulations — a non-compliant tract cannot get an OSSF permit.
Inspections in Hays County
Development and OSSF applications go through an administrative review taking several business days, then are assigned to an Inspector for a technical review. During technical review the Authorization to Construct may be issued, and on completion the Inspector may issue the Notice of Approval.
On single-family, duplex, and triplex construction, the builder attests to three inspections of the home and compliance with the applicable IRC edition. The county requires the affidavit rather than performing the inspections.
Ongoing maintenance is required for all aerobic or advanced treatment systems, with a licensed maintenance provider. Complaints about an OSSF can be filed at (512) 393-2150, option 3.
Hays County permit search and official resources
- Hays County — permitting
- Hays County — septic permits
- Hays County — plan review and permitting
- Hays County — development permit FAQs
- TCEQ — on-site sewage facilities
Frequently asked questions
Who issues building permits in Hays County?
No one, for general residential construction in unincorporated areas — Hays County has no adopted residential building code and no building inspection program. The records that do apply are administered separately: on-site sewage through Hays County Development Services, floodplain development through the county floodplain administrator, plats through Commissioners Court, and road access through the precincts. Inside San Marcos city limits, the city permits normally.
How do I get a permit in Hays County?
Start by confirming the parcel is actually unincorporated, because that single question changes everything and a mailing address will not answer it. If it is, work the records the county does issue rather than looking for a building permit: septic first, since it constrains siting and carries the longest lead time, then floodplain, plat, addressing, and road access as the project triggers them.
What codes apply in Hays County?
Texas has no statewide building code, and Hays County has not adopted one for unincorporated areas, so no building code is enforced there. State rules still govern on-site sewage facilities, and the county’s floodplain ordinance governs development in mapped flood hazard areas. Trade work remains subject to state licensing through TDLR and the TSBPE. Inside city limits, the municipality’s adopted codes apply in full.
Does Hays County require a building permit for a new house?
Not a county building permit. Ch. 233 authority reaches new commercial, public accessible, and multi-family buildings, pre-built placements, and substantial improvements — not ordinary single-family construction. Instead, the builder of a single-family residence, duplex, or triplex must submit a form attesting that there were three inspections of the home and that it meets the International Residential Code published as of May 2008, or the version adopted by the City of San Marcos as amended.
Is there zoning in unincorporated Hays County?
No. Hays County does not have or use zoning regulations for developing in the unincorporated areas of the county. That does not remove the development permit requirement, OSSF permitting, the county subdivision regulations, fire code requirements on commercial and multi-family work, or Edwards Aquifer obligations — all of which are enforced through different mechanisms.
Do I need a septic permit on a large tract in Hays County?
Yes. Hays County requires a permit for all on-site sewage facilities regardless of the size of the lot or acreage onto which the system is installed — the county does not apply the statewide ten-acre exemption. Note too that a permit will not be issued for an OSSF on a tract found to be in violation of the Hays County Development (Subdivision) regulations, so platting compliance has to be settled first.
Do I need a permit to install solar panels in Hays County?
Yes. Photovoltaic installations in Hays County are permitted under a dedicated solar record type reviewed on both a structural and an electrical track. Solar thermal — passive water and pool heating — is a separate record. Under Tex. Prop. Code §202.010 a homeowners' association cannot ban a solar energy device outright, but it may still require prior architectural approval and impose reasonable placement conditions, so run the HOA submittal alongside the permit. Since September 1, 2025, Tex. Local Gov't Code §247.0025 (SB 1202) also permits third-party plan review and inspection of home backup power installations — generators and energy storage for one- and two-family dwellings at 600 volts or less — in place of jurisdiction review. Utility interconnection and Permission to Operate still run in parallel.
Does a roof replacement require a permit in Hays County?
Yes, in most cases. A roof covering replacement requires a permit in most Texas municipalities including Hays County, though minor repairs can fall below the local threshold. Texas has no statewide product approval system and no central product listing, so compliance runs against the locally adopted code edition and its local amendments. Hail rather than wind is the governing risk inland, and Tex. Prop. Code §202.011 bars an HOA from prohibiting wind or hail resistant shingles.
What is the difference between a residential and a commercial permit in Hays County?
In a Texas county it is the difference between no county jurisdiction and possible county jurisdiction. Residential construction in unincorporated Hays County is largely outside county authority. New commercial, public-accessible, and multifamily buildings, plus substantial improvements, are the categories Local Government Code ch. 233 lets a county reach — but only where Commissioners Court has adopted that authority, so confirm it rather than assuming.
Do trade permits need to be pulled separately in Hays County?
Not in unincorporated Hays County — there is no county trade permit program and no county trade inspection. Electrical, plumbing, and mechanical work should still be performed by contractors licensed through TDLR and the TSBPE, and the septic connection is permitted and inspected separately. Inside city limits, trade permits work normally.
What happens if I file under the wrong permit type in Hays County?
Because Hays County does not run a building permit program, the more common failure is filing nothing at all — assuming that no building permit means no requirements, and missing the septic, floodplain, plat, or addressing record the project actually triggered. Those are enforced, and unwinding them after construction is materially harder than filing them in order.
Can I apply for all Hays County permit types online?
Yes, and exclusively. All development, OSSF, food establishment, and junkyard permits in unincorporated Hays County are applied for at MyGovernmentOnline — the Development Services Office does not accept paper applications. PDF copies of applications are published on the Documents and Forms page for reference. Plan submittals, permitting, and inspection requests on the ch. 233 and fire code side also run through the county’s online system.
Simplify Hays County permitting with Alliance Permitting
Ch. 233 commercial authority, a Fire Marshal acting as building code AHJ, a builder affidavit standing in for single-family inspection, an online-only application process, and the Edwards Aquifer sitting over much of the county — Hays is among the most involved Texas counties to permit in. Alliance Permitting is a permit expediter for Hays County: we map which tracks a project opens and run them together.
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This guide is provided by Alliance Permitting for general informational purposes and reflects publicly available information believed accurate as of July 2026. Permit requirements, fees, and processes change; always confirm current details with Hays County Development Services before filing. This is not legal advice.