Municipal Guide Texas Midland County · Midland

Midland County Building Permit Guide

Building permits in unincorporated Midland County, TX — Public Works permits, OSSF septic, floodplain, plats, and Permian Basin rules. 2026 guide.

Authority: Public WorksCode: No county building code adoptedPortal: County Public Works
Building permits
Not county-issuedNo county building code
Public Works
County permitsConstruction and infrastructure
Septic (OSSF)
Environmental HealthRequired statewide
Region
Permian BasinEnergy-driven development

Midland County does not issue general building permits. Like most Texas counties it has no adopted residential building code and no building inspection program for unincorporated areas. What it does administer runs through Public Works, which publishes permit resources including application forms, guidelines, and requirements for construction, development, and infrastructure projects.

That Public Works framing is the useful signal. In a county without a building department, the records that exist tend to concern access, drainage, right-of-way, and infrastructure rather than the structure itself — and Public Works is where those live.

Midland County is the Permian Basin, and development here tracks the oilfield cycle more than regional population trends. That means permitting volume can swing sharply, and it means a meaningful share of activity is industrial and infrastructure rather than residential.

Covers unincorporated Midland County. The City of Midland permits its own territory and exercises extraterritorial jurisdiction beyond its limits — confirm whether the parcel is inside the city, inside the ETJ, or genuinely unincorporated before assuming county rules apply.

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The City of Midland asks you to check the ETJ question first. The city directs applicants to confirm jurisdiction and zoning to determine whether a property sits within the Extraterritorial Jurisdiction or the city limits. That check matters equally from the county side — an unincorporated parcel inside the city ETJ can still carry city obligations.

What requires a county permit in Midland County?

The question in unincorporated Midland County is not which building permit you need. It is which Public Works and environmental records your project triggers, and whether the parcel is genuinely outside the City of Midland and its extraterritorial jurisdiction.

On-site sewage carries the clearest statewide requirement. Texas requires a permit for any OSSF under Texas Health and Safety Code Chapter 366 and TCEQ rules at 30 TAC 285, administered locally by an authorized agent.

County record required

  • Public Works permits for construction, development, and infrastructure projects
  • On-site sewage facility permit — required statewide
  • Licensed site evaluation as part of the OSSF application
  • Floodplain development where the parcel touches a mapped hazard area
  • Subdivision plat when land is divided
  • 911 address assignment for new structures
  • Driveway or culvert access onto a county road
  • City of Midland ETJ requirements where the extraterritorial jurisdiction reaches the parcel

Not a county building permit

  • County building permit — not issued
  • County building code compliance — none adopted
  • County construction inspections across the trades
  • County certificate of occupancy
⚠️ The absence of a county building code does not suspend state law or municipal ETJ requirements. TDLR retains electrical and accessibility enforcement in unincorporated areas, the State Fire Marshal holds primary fire code jurisdiction there, and the City of Midland may enforce certain requirements within its ETJ.

Midland County building department: who handles permitting

Midland County Public Works publishes permit resources covering application forms, guidelines, and requirements for construction, development, and infrastructure projects, and is the right first contact on anything involving county roads, drainage, or right-of-way.

On-site sewage permitting runs through county environmental health under state rules, with subdivision platting through Commissioners Court. Confirm current requirements directly — Midland County publishes less permitting detail online than the larger Texas counties.

Midland County Public Works contact
DetailInformation
Building permitsNot issued — no county building code for unincorporated areas
Public WorksMidland County Public Works — permit forms, guidelines, and requirements
OSSF / septicMidland County environmental health, under state rules
Governing rulesTex. Health & Safety Code ch. 366 and TCEQ rules at 30 TAC 285
Floodplain, plats, roadsMidland County offices and Commissioners Court
County seatMidland — the city runs its own Development Services department
State oversightTDLR for electrical and accessibility; State Fire Marshal for fire code
ETJ noteThe City of Midland exercises extraterritorial jurisdiction beyond its limits
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Start with the jurisdiction question, then Public Works. The City of Midland runs a full permitting operation with a licensed and bonded contractor registration requirement, while unincorporated Midland County runs none of that — the two are not comparable and the boundary is not always obvious.

Midland County permits: record types and what each covers

The permit-type question works differently in a Texas county. Midland County has no adopted building code for unincorporated areas and issues no residential building permits, so there is no record-type matrix of the kind the City of Midland maintains. What exists runs through Public Works and environmental health rather than a building department.

What Midland County actually issues

County-issued records in unincorporated Midland County
RecordWhat triggers itWho administers itNotes
OSSF permit to constructInstalling, altering, repairing, or extending an on-site sewage facility where no public sewer is availableMidland County Environmental HealthRequired statewide; soil evaluation by a licensed site evaluator is part of the application
OSSF license to operateIssued after the permit to construct requirements are met and the system passes inspectionMidland County Environmental HealthAlso triggered on transfer of ownership of an existing system
Floodplain development permitPlacing fill, setting a structure, or developing in or near a mapped special flood hazard areaCounty floodplain administratorSubstantial improvement and substantial damage rules attach to existing structures
Subdivision platDividing land in the unincorporated countyCommissioners Court and county engineeringRoad, drainage, and access standards apply
911 address assignmentNew structures and new access points needing an addressCounty addressing / emergency managementUsually a prerequisite for utility service
Right-of-way and driveway culvertNew or modified access onto a county roadCounty road and bridge / precinctCulvert sizing set by drainage conditions
Water well registrationDrilling a water wellthe applicable groundwater conservation districtGroundwater districts operate independently of the county
Ch. 233 commercial / multifamilyNew commercial, public-accessible, or multifamily buildings, and substantial improvements, where the county has adopted the authorityCommissioners CourtScope 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 Midland County

In unincorporated Midland 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 Midland city limits the picture changes completely: the city permits solar like any other municipality. The jurisdiction question is the first question.

Roofing permits in Midland County

A residential roof covering replacement in unincorporated Midland 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.

Midland County sits in the Permian Basin 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 and blowing dust are the governing weather exposures.

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.

Record types, fees, and administering offices are set by Midland County and change without notice, and any ch. 233 commercial authority depends on what Commissioners Court has adopted. The City of Midland permits its own territory and exercises extraterritorial jurisdiction beyond its limits. Confirm jurisdiction before relying on any of this.

Midland County permit cost and fees

Midland County charges no building permit fees because it issues no building permits. Costs attach to Public Works permits, OSSF permitting and its licensed site evaluation, floodplain permitting where applicable, platting, and road access.

The site evaluation is the line most often left out of an early budget. Permian Basin soils and the depth to groundwater together determine system type, and the result constrains where the house can sit.

How Midland County fees are structured
Fee componentHow it works
Building permitNone — not issued by the county
Public Works permitsConstruction, development, and infrastructure projects; forms published
OSSF permitCounty fee plus licensed site evaluation and system design
Floodplain developmentCounty fee where applicable
Subdivision platFiling and review fees, plus survey and engineering
Road access / culvertCounty fee plus materials and installation
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Planning a build in unincorporated Midland County? Send us the parcel and scope and we’ll confirm jurisdiction and ETJ status and map the records that apply.

Midland County trade permits

There is no county trade permit program in unincorporated Midland County. Electrical, plumbing, and mechanical work is neither permitted nor inspected by the county. On-site sewage is the exception and it is permitted and inspected.

Electrical

No county permit or inspection. A TDLR-licensed electrician remains the standard, and TDLR retains enforcement authority in unincorporated areas.

Plumbing

No county permit for interior plumbing. The septic system is permitted through county environmental health with a licensed design behind it.

Mechanical / HVAC

No county permit or inspection. TDLR licensure applies to the contractor regardless of whether a permit exists.

Inside city limits or ETJ

The City of Midland requires licensed and bonded contractors registered with the city — a materially higher bar than the county applies.

🧢 The contrast at the city line is sharp here. Inside the City of Midland a contractor must be licensed, bonded, and registered; in the unincorporated county there is no county trade permit at all. Confirm which side of the line the work sits on before bidding.

Midland County permit application: how to apply step by step

1. Confirm jurisdiction and ETJ status

Establish whether the parcel is inside the City of Midland, inside its extraterritorial jurisdiction, or genuinely unincorporated.

2. Contact Public Works

County permit resources for construction, development, and infrastructure projects run through Public Works, which publishes application forms and guidelines.

3. Engage a licensed site evaluator

Soil testing on the specific parcel is required for OSSF permitting and determines system type and house siting.

4. Apply for the OSSF permit

File with county environmental health. Aerobic systems carry a continuous maintenance contract and a recorded affidavit.

5. Handle floodplain, plat, and access

Determine flood hazard status, work platting through Commissioners Court if dividing land, obtain a 911 address, and permit driveway access.

6. Build to code voluntarily and document it

With no county code or inspection, build to a recognised code edition anyway and keep records of licensed trades and engineered plans.

Inspections in Midland County

Midland County performs no residential construction inspections in unincorporated areas. There is no foundation, framing, rough-in, or final building inspection, and no county certificate of occupancy.

On-site sewage installations are inspected as part of the permitting process, and aerobic and surface application systems carry continuing maintenance and inspection obligations under state rules after the permit issues.

Private third-party inspection is worth considering on a new build. In a county that generates no construction record, it is the only independent documentation a lender, insurer, or future buyer will have.

Midland County permit search and official resources

Frequently asked questions

Who issues building permits in Midland County?

No one, for general residential construction in unincorporated areas — Midland County has no adopted residential building code and no building inspection program. The records that do apply are administered separately: on-site sewage through Midland County Environmental Health, floodplain development through the county floodplain administrator, plats through Commissioners Court, and road access through the precincts. Inside Midland city limits, the city permits normally.

How do I get a permit in Midland 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 Midland County?

Texas has no statewide building code, and Midland 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 Midland County issue building permits?

No, not for general residential construction in unincorporated areas. The county has no adopted residential building code and no building inspection program, which is the standard Texas county position. Midland County Public Works publishes permit resources including application forms, guidelines, and requirements for construction, development, and infrastructure projects — those concern access, drainage, and infrastructure rather than the structure itself.

How does the City of Midland ETJ affect a county parcel?

It can bring city obligations onto unincorporated land. The City of Midland asks applicants to check the jurisdiction and zoning to determine whether a property is located within the Extraterritorial Jurisdiction or the city limits, and a municipality may enforce certain requirements within its ETJ under state law. Settle that question before assuming county rules alone govern.

What about property inside the City of Midland?

Then the county guidance does not apply and the bar is considerably higher. The City of Midland runs a full Development Services permitting operation on the PermitMidland portal, requires a licensed and bonded contractor registered with the city, and requires that residential property be platted and zoned for residential use. It enforces the 2018 IBC, IRC, IMC, and IPC, the 2015 IECC and IFC, and the 2023 NEC. Confirm the parcel before assuming either set of rules governs.

Do I need a permit to install solar panels in Midland County?

Yes. Photovoltaic installations in Midland 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 Midland County?

Yes, in most cases. A roof covering replacement requires a permit in most Texas municipalities including Midland 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 Midland County?

In a Texas county it is the difference between no county jurisdiction and possible county jurisdiction. Residential construction in unincorporated Midland 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 Midland County?

Not in unincorporated Midland 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 Midland County?

Because Midland 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 Midland County permit types online?

Partly. Midland County Public Works publishes permit resources including application forms, guidelines, and requirements online, but the county administers through offices rather than a municipal-style portal with status tracking and inspection scheduling. The City of Midland, by contrast, runs PermitMidland for applications and inspections. Confirm which applies before assembling anything.

Simplify Midland County permitting with Alliance Permitting

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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 Midland County Public Works before filing. This is not legal advice.

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