Building permits, zoning and land rules in Henderson County, Texas

At a glance

Building permit

Not required in unincorporated Henderson County, except a floodplain development permit if your site is in a Special Flood Hazard Area¹⁷

Zoning

No county zoning in unincorporated areas; the City of Athens zones its own limits³⁴

Septic

County-administered OSSF permit through Henderson County Septic Services⁶

RV living

Up to three RVs on your own property fall outside the RV-park rules; 4 or more triggers subdivision platting⁸

Tiny home

RV-park rules define tiny homes as residential structures under 400 sq ft, on wheels or foundations; septic and floodplain requirements still apply⁹¹⁰²

New-building setback from public roads

25 ft from most roads, 50 ft from major highways, outside incorporated cities¹¹

Agricultural land-division exemption

Qualifying agricultural land divisions can be exempt from platting; Appendix T must accompany the deed, and qualifying use must continue¹²

Water well

Qualifying exempt wells need district registration and required fees or deposits before drilling, rather than a drilling permit¹³

Who to call

Contact details are copied from each office’s official page and were checked against it on October 11, 2026.

Do you need a building permit in Henderson County, Texas?

Unincorporated Henderson County does not generally require a building permit for ordinary construction¹. Development, including new buildings and improvements, in a designated floodplain outside city limits requires a county floodplain development permit². Inside Athens, the city has adopted the 2021 International Residential Code and International Building Code with amendments; those adoptions do not establish countywide building codes¹⁴. Henderson County Septic Services handles septic applications countywide, separately from municipal building-code requirements⁵.

Who handles floodplain and septic permits in Henderson County?

For a floodplain development permit outside city limits, contact the Henderson County Development & Floodplain Administration Office at 903-677-7242¹⁵. The floodplain application asks whether the site is in a floodway and whether a No Rise Certification is attached, and requires compliance with the county Floodplain Ordinance and other applicable rules². For a septic application, contact Henderson County Septic Services at 903-257-9057; the department publishes an On-Site Sewage Facilities Permit Application PDF¹⁶⁵.

Does Henderson County have zoning?

Unincorporated Henderson County has no county zoning ordinance³. No county zoning rule sets minimum dwelling size, minimum lot size, lot coverage, building height, zoning districts, accessory dwellings, manufactured-home occupancy or temporary camping in unincorporated Henderson County¹⁷. All property inside Athens city limits has a zoning designation, with allowable uses and development standards varying across the city's 17 districts⁴. The Town of Mabank, mainly in Kaufman County but reaching into Henderson County, also sets its own zoning inside town limits¹⁸. Septic applications remain with Henderson County Septic Services for Henderson County addresses, including those inside municipalities⁵. Outside incorporated cities, new buildings must be at least 25 feet from the public-road right-of-way, or 50 feet from a major highway; the absence of zoning does not remove those setbacks¹¹.

How do septic permits work in Henderson County?

Henderson County Septic Services publishes the On-Site Sewage Facilities Permit Application PDF; the system type and TCEQ rules determine technical requirements⁵. Texas requires a permit and approved plan to construct, alter, repair, extend or operate a septic system unless an exception applies, with applications submitted to the authorized local agent¹⁰. About 32.8% of Henderson County soils are rated without severe limitations for conventional septic drain fields; get a parcel-specific evaluation before choosing a system¹⁹. The state's 10-acre exemption requires a licensed site evaluator or professional engineer's evaluation, a single-family home as the tract's only dwelling, at least 100 feet between every system component and the property line, on-property effluent disposal, and no nuisance or groundwater pollution; local programs may be stricter, so confirm eligibility with Septic Services¹⁰¹⁶. Listed emergency repairs need no permit but must be reported in writing within 72 hours after work begins¹⁰. A composting toilet must meet the state's NSF/ANSI 41 certification requirements and does not remove otherwise applicable septic requirements²⁰.

Can you live in an RV or tiny home on your land in Henderson County?

Henderson County's RV-park subdivision regulations define a park as land designed for 4 or more RVs used for dwelling or sleeping, except temporary seasonal hunting camps; the regulations also exempt limited property-owner RV arrangements⁸. A new RV park requires a compliant plat, infrastructure and sewerage provisions, and consultation with the Development Office before construction⁸. The park rules define a tiny home as a residential structure under 400 square feet, on wheels or secured to a foundation⁹. The small-property RV exemption does not waive septic requirements or floodplain development permits where applicable⁸¹⁰². Ask the Development & Floodplain Administration Office how the park definition applies to a proposed tiny-home grouping⁹¹⁵.

Can you divide land in unincorporated Henderson County, Texas?

Dividing land in unincorporated Henderson County generally requires Commissioners Court approval and a plat filed with the County Clerk before sale, unless an exemption applies²¹. A qualifying agricultural division is exempt only if no streets or other areas are laid out for dedication to public use and the land remains primarily in agricultural, farm, ranch, wildlife-management or timber-production use; complete Appendix T and attach it to the deed filed with the County Clerk¹². Ending the qualifying use revokes the exemption¹². The County Clerk publishes a separate Subdivision Fees PDF²². The regulations list first-tier charges of $1,200 plus $100 per lot, $800 for drainage/floodplain review, $2.50 per linear foot of aggregate street length and $300 for recording; second-tier charges are $800 plus $200 for review and $200 for recording, with fees subject to change²³. Municipal or interlocal subdivision requirements may also apply in a city's extraterritorial jurisdiction²³.

Building a home in Henderson County: the steps, in order

1. Start by confirming city limits: Athens zoning and adopted building codes apply within its municipal jurisdiction, while the county floodplain permit applies outside city limits⁴¹⁴².
2. Check the floodplain designation with the Development & Floodplain Administration Office and obtain any required floodplain permit before construction¹⁵².
3. Arrange the septic evaluation and application through Henderson County Septic Services⁵¹⁰.
4. Before drilling, contact the Neches and Trinity Valleys Groundwater Conservation District: qualifying exempt wells require registration and payment of required fees or deposits before drilling, while non-exempt wells require a drilling permit¹³²⁴. The district's production-fee exception covers domestic or agricultural wells incapable of producing more than 100,000 gallons per day, and its schedule lists an agricultural production fee of $0; a non-exempt agricultural well still needs drilling and operating permits²⁵.
5. A driveway connecting to a state highway needs TxDOT Form 1058 and a fully executed permit before work in the highway right-of-way²⁶.

What should you check before buying land in Henderson County?

Before buying Henderson County land, get a septic site evaluation rather than relying on countywide soil ratings¹⁹. Check whether the intended building site lies in a designated floodplain, since that triggers a county development permit outside city limits². A state-highway driveway needs TxDOT approval and must meet its design standards, including a private residential width of up to 24 feet and a pavement-connection radius of at least 15 feet²⁷. Henderson County's effective property tax rate is about 1%, with a median annual bill near $1,859²⁸²⁹. If a purchase depends on an agricultural subdivision exemption, confirm that Appendix T accompanies the deed and that continued qualifying land use fits your plans¹².

Watch-outs

• We could not confirm a Henderson County owner-builder exemption from construction permits or inspections; ask the Development & Floodplain Administration Office¹⁵. Texas owner exemptions from electrician and plumbing licensing for qualifying homes are separate from permit requirements³⁰.
• We could not confirm general residential building inspections or certificates of occupancy in unincorporated Henderson County; ask the Development & Floodplain Administration Office before construction¹⁵.
• Athens zoning applies inside city limits; confirm the parcel's district and allowed use with Athens Planning & Zoning⁴.
• A well supplying water to a subdivision that needs plat approval is not exempt from groundwater district permitting, so dividing land can change the well answer²⁴.

Sources

1. Development & Floodplain Administration Office (2026 county census)
2. Development & Floodplain Administration Office, quoted and re-checked
3. Henderson County - County Ordinances (2026 county census)
4. Planning & Zoning, quoted and re-checked
5. Septic Services, quoted and re-checked
6. Henderson County - Septic Services (2026 county census)
7. Development & Floodplain Administration Office, quoted and re-checked
8. Henderson County Subdivision Regulations (2024), quoted and re-checked
9. Henderson County Subdivision Regulations (2024), quoted and re-checked
10. Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
11. Henderson County Subdivision Regulations (2024), quoted and re-checked
12. Henderson County Subdivision Regulations (2024), quoted and re-checked
13. Neches and Trinity Valleys Groundwater Conservation District Rules, quoted and re-checked
14. Archive Center • 2024 Ordinances - Adopted, quoted and re-checked
15. Henderson County Development & Floodplain Administration Office (henderson-county.com)
16. Henderson County Septic Services (henderson-county.com)
17. Texas law on county zoning and building authority
18. Town of Mabank: Permits & Inspections (Henderson County), quoted and re-checked
19. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
20. Chapter 285 — On-Site Sewage Facilities (Texas statewide rule), quoted and re-checked
21. Henderson County Subdivision Regulations (2024), quoted and re-checked
22. County Clerk, quoted and re-checked
23. County Clerk | Henderson County, TX, quoted and re-checked
24. Official Website of Neches & Trinity Valleys Groundwater Conservation District, quoted and re-checked
25. Neches & Trinity Valleys Groundwater Conservation District Schedule of Fees, quoted and re-checked
26. Section 4: Driveway Permits, Design, and Materials (Texas statewide rule), quoted and re-checked
27. Section 4: Driveway Permits, Design, and Materials (Texas statewide rule), quoted and re-checked
28. Effective property tax rate: Bolthole Index county data
29. Median property tax bill: Bolthole Index county data
30. Exemptions to Electrician Licensing (Texas statewide rule), quoted and re-checked

Written October 11, 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.