Building permits, zoning and land rules in Upshur County, Texas
76Index Score / 100 #26 of 254 in Texas
Upshur County, Texas requires a Floodplain Development Permit for covered development in mapped special flood hazard areas, including new construction and manufactured-home placement1. We could not confirm a general county building-permit or building-code program for other unincorporated land. Septic systems are permitted separately through the Northeast Texas Municipal Water District, with a $360 single-family fee and a $610 multi-family or commercial fee23.
At a glance
Building permit
Required for covered development in mapped special flood hazard areas; a general county permit program was not confirmed1
Zoning
No county zoning rules for unincorporated land; Gilmer and Big Sandy publish municipal zoning materials4567
Septic permits
Northeast Texas Municipal Water District (NETMWD), the TCEQ-designated representative; $360 single-family / $610 multi-family or commercial23
RV / tiny home living
Unrestricted under county rules, since there is no zoning ordinance5
No county owner-builder exemption was confirmed; ask the County Judge's office about a proposed project8
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 use9
Septic soil difficulty
Only 5.3% of county soils are free of severe limits for a conventional drain field10
Floodplain Development Permits under the county's Flood Damage Prevention Ordinance; the ordinance names the County Judge or designee as Floodplain Administrator
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Do you need a building permit in Upshur County, Texas?
Upshur County requires a Floodplain Development Permit when covered development is in a mapped special flood hazard area1. Covered work includes new construction, substantial improvements, manufactured-home placement and other development within the ordinance's flood-hazard coverage1. Where base-flood-elevation data is available, residential construction must place the lowest floor two feet above base flood elevation and provide certification from a registered engineer, architect or land surveyor1. We could not confirm a general Upshur County building-permit, building-code or inspection program for an ordinary project elsewhere in the unincorporated county. Texas law gives counties limited building-regulation powers in specified circumstances, but the available Upshur County materials do not establish that the county adopted such a program11. Inside city limits the answer differs: Big Sandy requires a building permit before new construction, subject to the International Building Codes as the city adopted them, with inspection required before occupancy and a fee of $0.15 per square foot with a $50 minimum for new construction12. Statewide, Texas sets a minimum energy code for single-family homes, and local jurisdictions are responsible for enforcing it13. Ask the County Judge's office whether a particular parcel or project needs county review before starting work.
Who handles floodplain and septic permits in Upshur County?
The Upshur County Judge or a designee serves as Floodplain Administrator and handles the county's Floodplain Development Permit process114. A floodplain application may require plans showing the site's dimensions, elevations, and proposed and existing structures, plus elevation or professional certifications1. For septic systems, contact the Northeast Texas Municipal Water District, TCEQ's designated representative for OSSF permits in Upshur County; the fees are $360 for a single-family system and $610 for a multi-family or commercial system15163. For driveway culverts covered by the county's subdivision-road specifications, Road & Bridge must approve the size and material before installation, and the minimum inside diameter is 15 inches unless otherwise approved1718. For general building-code, inspection or occupancy questions outside the floodplain process, start with the County Judge's office because we could not confirm a separate county building department. For a culvert permit on a county road, call Road & Bridge at 903-843-7623 to schedule a culvert size evaluation, then return the signed permit and schedule pipe delivery and installation19.
Does Upshur County have zoning?
Upshur County does not set zoning rules for unincorporated land45. Texas gives county zoning power only in limited geographic or subject-specific situations, rather than granting every county general zoning authority20. Municipal land is different: Gilmer has a zoning ordinance that sets a minimum dwelling size of 1,200 square feet, Gladewater administers its own zoning, and Big Sandy publishes residential, business, industrial, general-provisions, site-plan and enforcement zoning materials621227. The Big Sandy source does not establish whether its zoning extends beyond the city limits, so ask the city about a parcel near the boundary7. On unincorporated land, Upshur County sets no zoning-based minimum home size, minimum lot size, setback or building-height limit5. County subdivision rules still matter: dividing land into two or more parts while laying out streets or other shared-use areas generally requires a plat, subject to exceptions that include qualifying agricultural use and subdivisions in which every lot exceeds 10 acres923.
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 counties16. 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 system24. NETMWD or its designated representative also inspects the system installation before it's covered25. 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 field10. 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 property26. On anything smaller than that 10-acre threshold, or if any condition isn't met, permitting through NETMWD is required before you build24.
Can you live in an RV or tiny home on your land in Upshur County?
Unincorporated Upshur County has no zoning-based restriction on RV or tiny-home occupancy, temporary camping, minimum dwelling size or minimum lot size5. That county answer does not override municipal zoning: Big Sandy publishes its own zoning materials, and Gilmer has a zoning ordinance, so confirm city rules when a parcel is inside or near municipal limits76. We could not confirm whether Upshur County requires a certificate of occupancy or general residential inspections, so ask the County Judge's office before relying on their absence. A mapped flood hazard area changes the permit answer because the county ordinance covers new construction, manufactured-home placement and other development there1. Septic rules also apply independently of zoning, and a structure with water-using devices generally requires an application and fee through NETMWD before work begins24.
Building a home in Upshur County: the steps, in order
Confirm whether the parcel lies in a mapped special flood hazard area; if it does, contact the County Judge's office for a Floodplain Development Permit before covered construction or placement begins141.
Ask the County Judge's office whether any general county building-code, inspection or occupancy requirement applies to the project, because we could not confirm one.
Order a septic site and soil evaluation early because only 5.3% of county soils are free of severe limits for a conventional drain field10.
Apply to NETMWD before covered septic work and budget $360 for a single-family permit or $610 for a multi-family or commercial permit, unless every condition of the state's 10-acre exemption is met15326.
Obtain Road & Bridge approval before installing a driveway culvert covered by the subdivision-road specifications18. A state-highway driveway instead requires Form 1058 and 24-hour advance notice to TxDOT before construction27.
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 only 5.3% of soils are free of severe limitations for a conventional septic drain field282910. Land is mostly gentle and wooded: 81.2% of the county is at a 15% slope or less, while 58.8% is forested3031. Check the adopted flood maps before buying because covered development in a special flood hazard area requires a county permit and may need elevation plans and certifications1. If a tract was recently split outside a city, confirm that it was platted or qualified for an exception under the county subdivision rules9. Ask the relevant groundwater authority whether a private well permit applies to the specific parcel because we could not confirm a countywide answer. The effective property-tax rate is about 1.2%, the median annual bill is about $2,099, and the typical county home value is about $241,675323334.
Watch-outs
We could not confirm whether Upshur County requires a certificate of occupancy or general building inspections outside the floodplain program, so ask the County Judge's office before construction35.
Search results for 'Upshur County building permit' often surface Upshur County, West Virginia's building department35 — that office has no jurisdiction over land in Upshur County, Texas.
Written October 9, 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.
Upshur County highlighted among the Texas counties · colored by Index score
How Upshur County scores
Seclusion47100% ev.
Self-Sufficiency74100% ev.
Admin Boringness8290% ev.
Durability52100% ev.
Property Autonomy71100% ev.
Carry Cost72100% ev.
Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →
$242kTypical home
1.2%Property tax
$5,042Land / acre
48"Annual rain
16.6% of yrsSevere drought
32.5 / yr (+24.4)Mid-century 100°F days
21.2 daysMid-century dry spell
2.59" (+6.1%)Mid-century 1-day rain
1.43×Wildfire change factor
100%Forward climate coverage
$2,053Home insurance / yr
0.5% / yrInsurance growth
0%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
33,654People within 30 min
2,379,517People within 2 hr
48,005Radius comparison (15 mi)
74.2People / sq mi
0.8%Federal land
81.2%Land at 15% slope or less
5.3%Soils rated "not limited" for septic (strict USDA rating)
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Cities and towns in Upshur County
Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.
Not yet researched: East Mountain · Ore City · Union Grove
Answers from the rulebook for Upshur County
What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.
Upshur County rules
Building permitLimited
New construction, substantial improvements, placement of manufactured homes, and other development in areas of special flood hazard within Upshur County jurisdiction.
A Floodplain Development Permit is required only for development subject to the ordinance's special-flood-hazard-area coverage.
The ordinance adopts the FEMA Flood Insurance Study and Flood Insurance Rate Maps dated October 19, 2010, together with revisions.
No structure or land may be located, altered, or have its use changed without compliance with the ordinance and other applicable regulations.
Where the ordinance conflicts or overlaps with another ordinance, easement, covenant, or deed restriction, the more stringent restriction prevails.
The County Judge or designee is the Floodplain Administrator.
The permit application may require plans showing location, dimensions, elevations, proposed and existing structures, and additional elevation and certification information.
The ordinance states that residential construction with provided base-flood-elevation data must have the lowest floor elevated two feet above base flood elevation, with certification by a registered professional engineer, architect, or land surveyor.
The ordinance contains variance procedures and additional restrictions for floodways and mapped flood zones.
residential lowest-floor elevation above base flood elevation: 2 feet (Where base flood elevation data has been provided.) · manufactured-home or enclosure opening area: 1 square inch per square foot (For enclosed areas subject to flooding, with at least two openings on separate walls and openings no higher than 1 foot above grade.)
“The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Upshur County. [...] A Floodplain Development Permit shall be required to ensure conforrnance with the provisions of this ordinance.”
One more reviewed finding on this topic
Limited — Development, including construction and substantial improvements, in areas of special flood hazard within the jurisdiction of Upshur County, Texas.
“The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Upshur County. [...] A Floodplain Development Permit shall be required”
Owner-builder exemptionConditional
A county floodplain exemption certificate for development outside identified areas of special flood hazard; this is not an express general owner-builder exemption from construction licensing or other permits.
The county form expressly addresses issuance of an exemption certificate for developments outside identified areas of special flood hazard.
Issuance does not imply that development outside identified special flood hazard areas will be free from flooding or flood damage.
Issuance does not create liability for the Floodplain Administrator or county officers or employees if flooding or flood damage occurs.
Additional federal, state, or local permits may be required.
The ordinance applies to all areas of special flood hazard within Upshur County and requires a Floodplain Development Permit for covered development.
The ordinance was passed July 30, 2010, and became effective October 19, 2010.
“Issuance of an exemption certificate does not imply that developments outside ihe identified areas of special flood hazard will be free from flooding or flood damage”
Zoning districts · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Minimum dwelling size · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Minimum lot size · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Setbacks · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Lot coverage · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Building height · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Living in an RV · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Camping on your land · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Tiny homes · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Manufactured homes · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Accessory dwellings · by state lawNo county rule
Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com.
Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
Who permits septicLocal
NETMWD administration of the TCEQ OSSF program for Upshur County
The source identifies NETMWD as the Designated Representative for Upshur, Morris, Marion, and Cass counties.
“NETMWD serves as the Designated Representative to the TCEQ OSSF program for the following counties: UPSHUR, MORRIS, MARION, CASS”
Septic permitRequired
Construction of a structure containing water-using devices, and repair or replacement of an existing septic system, in Upshur County
NETMWD states that a completed permit application and appropriate fee must be submitted first.
The NETMWD page states permit fees changed as of October 1, 2023.
Single-family residence fee is $360.00.
Multi-family/commercial fee is $610.00.
State rules provide exceptions including qualifying 10-acre single-family systems, grandfathered systems, and specified emergency repairs; local programs may be more stringent.
“If you are building a structure that will contain water using devices or are needing to repair or replace an existing septic system in these counties, you will need to submit a completed permit application and the appropriate fee to us first.”
Septic inspectionRequired
Inspection of OSSF system installations in Upshur County under the NETMWD/TCEQ OSSF program
The TCEQ page describes inspection of system installation as a designated representative responsibility.
The source describes installation inspections generally and does not state a separate inspection fee or inspection schedule for Upshur County.
“Many times, the AA has a "designated representative" (DR) to assist them with their responsibilities, which include reviewing plans for constructing, altering, extending or repairing each OSSF; issuing permits; and inspecting system installation.”
Agricultural exemptionConditional
Subdivision plat requirement for a tract outside a municipality in Upshur County where the tract is divided into two or more parts without laying out streets, alleys, squares, parks, or other parts intended for public use or use by purchasers or owners of adjoining lots, and the land is used primarily for qualifying agricultural, farm, ranch, wildlife-management, or timber-production purposes.
The exemption applies only if the division does not lay out streets, alleys, squares, parks, or other parts intended for public use or for use by purchasers or owners of lots fronting on or adjacent to those areas.
The land must be used primarily for agricultural use as defined by Section 1-d, Article VIII, Texas Constitution, or for farm, ranch, wildlife management, or timber production use within the meaning of Section 1-d-1, Texas Constitution.
The document separately lists other exceptions, including four or fewer related-party transfers, all lots more than 10 acres, Veterans’ Land Board sales, certain state or dedicated-fund ownership, certain flood-plain transfers, one-part retention with further-subdivision transfer, and transfers to existing undivided-interest owners with a plat filed before further development.
“Subdivision Plat is not required if [...] The land is used primarily for agricultural use”
Subdividing landRegulated (with conditions)
Division of a tract located outside a municipality in Upshur County into two or more parts to lay out a subdivision, including lots, additions, streets, alleys, squares, parks, or other parts intended for public use or use by purchasers or owners of adjoining lots.
A subdivision plat must be prepared under the stated rule.
A subdivision plat is not required when the tract is divided into two or more parts without laying out streets, alleys, squares, parks, or other parts intended for public use or use by purchasers or owners of adjoining lots, and one of the listed exceptions applies.
The listed exceptions include primarily agricultural, farm, ranch, wildlife-management, or timber-production use; transfer of four or fewer parts to a person related within the third degree of consanguinity or affinity; all lots larger than 10 acres; Veterans’ Land Board sales; state or dedicated-fund ownership; certain flood-plain transfers by a political subdivision to adjacent landowners; retention of one new part with transfer of the other for further subdivision subject to plat approval; and transfers to persons owning an undivided interest in the original tract when a plat is filed before further development.
minimum subdivision parts triggering general rule: >= 2 parts (Subject to the listed plat exceptions.) · related-party exception maximum parts: <= 4 parts (Parts must be sold, given, or transferred to an individual related within the third degree of consanguinity or affinity.) · large-lot exception: > 10 acres (All lots of the subdivision must be more than 10 acres.)
“two or more parts [...] must have a Plat of the Subdivision prepared.”
Driveway accessRequired
Driveway access culverts associated with roads covered by Upshur County's subdivision-road specifications.
All driveway culvert sizes and materials require approval before installation.
The stated minimum inside diameter is 15 inches unless otherwise approved.
Approved materials are corrugated metal, corrugated plastic, and reinforced concrete.
The source is the county's subdivision-road specification, so applicability is to subdivision-road work covered by that specification, not necessarily every private driveway.
“All driveway culvert sizes and material shall be approved prior to installation. [...] 15” minimum inside diameter [...] corrugated metal, corrugated plastic, and reinforced concrete.”
Building in a floodplainRequired
Development in areas of special flood hazard within Upshur County jurisdiction.
The ordinance applies to all areas of special flood hazard within Upshur County jurisdiction.
The current FEMA Flood Insurance Study and Flood Insurance Rate Maps identified in the ordinance, dated October 19, 2010, and revisions thereto, establish the referenced hazard areas.
No structure or land may be located, altered, or have its use changed without full compliance with the ordinance and other applicable regulations.
The County Judge or designee is the Floodplain Administrator.
Applications may require scaled plans, elevations, floodproofing information, professional certification for nonresidential floodproofing, and information about alteration or relocation of watercourses or natural drainage.
Where a regulatory floodway has not been designated, new construction, substantial improvements, or other development including fill in Zones A1-30 and AE requires demonstration that cumulative effects will not increase the base-flood water-surface elevation by more than one foot, subject to the ordinance's stated federal-law exception.
maximum cumulative base-flood water-surface-elevation increase where no regulatory floodway is designated: <= 1 foot (The ordinance also references a federal procedure allowing certain development that increases the base flood by more than 1 foot if all requirements of 44 CFR Section 65.12 are completed.)
“The ordinance shall apply to all areas of special flood hazard with the jurisdiction of Upshur County. [...] A Floodplain Development Permit shall be required to ensure conforrnance with the provisions of this ordinance.”
2 more reviewed findings on this topic
Required — Development in all areas of special flood hazard within Upshur County's jurisdiction, as identified in the adopted FEMA Flood Insurance Study and Flood Insurance Rate Maps.
“A Floodplain Development Permit shall be required”
Limited — Encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway in Upshur County's special flood hazard areas.
“Encroachments are prohibited, including fill, new construction”
Permit feesPublished (with conditions)
Onsite sewage facility permit fees for Upshur County under the Northeast Texas Municipal Water District's TCEQ OSSF designated-representative program.
The fees apply to the listed counties, including Upshur County.
The page states that permit fees changed as of October 1, 2023.
A completed permit application and the appropriate fee must be submitted to NETMWD first for covered construction, repair, or replacement activity.
single family residence septic permit fee: 360 USD · multi-family/commercial septic permit fee: 610 USD
“UPSHUR, MORRIS, MARION, CASS [...] Septic Permit Fees for the above counties: Single Family Residence $360.00 Multi-Family/Commercial $610.00”
Permit processPartial
Culvert permits administered by Upshur County Road and Bridge.
The page provides a process for culvert permits; it does not establish a general countywide permit process for all development.
The applicant must schedule a culvert size evaluation before completing and returning the permit.
The applicant must schedule pipe delivery and installation with the department.
“1. Call 903-843-7623 to schedule culvert size evaluation
2. Complete permit, sign, and return to Department
3. Schedule delivery of pipe and installation date with the Department”
One more reviewed finding on this topic
Published (with conditions) — Floodplain development in areas of special flood hazard within Upshur County's jurisdiction.
“Application for a Floodplain Development Permit shall be presented”
County-wide zoningAbsent
Texas counties have no general zoning authority in unincorporated areas; Upshur County's department list includes no planning or zoning office.
Industrialized housing and buildings, modules, and modular components governed by the Texas Industrialized Housing and Buildings program.
The mandatory state code adoption applies to industrialized housing and buildings, modules, and modular components, not all construction statewide.
The effective date is July 1, 2024.
The International Existing Building Code applies to alterations of portable industrialized buildings.
Manufacturers already certified for Texas must have design-package documents reviewed and approved to the new editions with an approval date on or after July 1, 2024, unless the manufacturer elected to transition before the effective date under Department rule 70.70(a)(5)(B).
Construction begun on or after July 1, 2024 must comply with the new code editions and approved design packages.
Construction begun before July 1, 2024, or before a manufacturer's effective transition date, must meet the stated completion, inspection, and labeling deadline to remain eligible for a Texas decal.
effective date: 2024-07-01 · International Building Code: 2021 Edition (including appendices C, F, and K) · International Residential Code: 2021 Edition (including appendices AG, AH, AK, AP, AQ, and AT) · International Fuel Gas Code: 2021 Edition · International Mechanical Code: 2021 Edition · International Plumbing Code: 2021 Edition · International Energy Conservation Code: 2015 Edition · National Electrical Code: 2020 Edition · International Existing Building Code: 2021 Edition (for alterations of portable industrialized buildings)
“July 1, 2024, all industrialized housing and buildings, modules, and modular components shall comply with the following codes, as amended in §70.101 of the IHB Rules:”
2 more reviewed findings on this topic
Partial — Statewide Texas building-energy-code requirements relevant to construction in Upshur County; local jurisdictions may adopt amendments and are responsible for implementation and enforcement.
“The minimum state-mandated code for single-family homes is Chapter 11 of the 2015 International Residential Code. The applicable code for other residences and commercial and industrial buildings is the 2015 International Energy Conservation Code. These energy codes are effective statewide.”
Partial — Industrialized housing and buildings, modules, and modular components built for Texas under the Industrialized Housing and Buildings program.
“Effective July 1, 2024, all industrialized housing and buildings, modules, and modular components shall comply with the following codes, as amended in §70.101 of the IHB Rules:”
Off-grid sanitationLimited
Use of an on-site sewage facility instead of public sewer service in Texas, including Upshur County
A permit and approved plan are generally required to construct, alter, repair, extend, or operate an OSSF.
A qualifying 10-acre single-family dwelling OSSF may be exempt if it receives a site evaluation by a TCEQ-licensed Site Evaluator or Professional Engineer, is not causing a nuisance or polluting groundwater, all parts are at least 100 feet from the property line, effluent is disposed of on the property, and the single-family dwelling is the only dwelling on the tract.
Specified emergency repairs do not require a permit but must be reported in writing to the permitting authority within 72 hours after repairs begin.
Local permitting programs may be more stringent than state minimums.
minimum tract size for 10-acre rule: >= 10 acres (single-family dwelling and all other stated conditions must be met) · minimum OSSF distance from property line: >= 100 feet (10-acre-rule exemption) · emergency repair reporting deadline: <= 72 hours (after repairs have begun)
“An OSSF may be exempt from permitting if it complies with all other requirements, including planning, construction, and installation standards of 30 TAC 285 AND meets the “10 acre rule”:”
2 more reviewed findings on this topic
Limited — Composting toilets used as on-site sewage facility treatment systems in Texas.
“Composting toilets will be approved by the executive director provided the system has been tested and certified under NSF International Standard 41 (1999) or under any other standards approved by the executive director.”
Limited — Off-grid wastewater sanitation through an OSSF in Texas.
“An OSSF may be exempt from permitting if it complies with all other requirements, including planning, construction, and installation standards of 30 TAC 285 AND meets the “10 acre rule”:”
Well permitLimited
Drilling, equipping, operating, or completing a water well, or substantially altering a well or well pump, where the well is within a groundwater conservation district in Texas.
A groundwater conservation district must require a permit except as provided by Texas Water Code §36.117.
A district may not require a permit or permit amendment for maintenance or repair that does not increase production capability above the authorized or permitted production rate.
Permit applications must be in writing and sworn.
Whether a particular private well is exempt or subject to additional district requirements depends on the applicable groundwater conservation district's rules.
permit application form: in writing and sworn
“Except as provided by Section 36.117, a district shall require a permit for the drilling, equipping, operating, or completing of wells or for substantially altering the size of wells or well pumps.”
county zoning authorityLimited
Texas counties adopting zoning regulations for specified unincorporated or otherwise specially defined areas.
Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters.
For Padre Island, the authority applies in Cameron or Willacy County outside a municipality and within two miles of a publicly owned park or recreational development, or within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.
Other Chapter 231 subchapters address special areas including the Amistad Recreation Area in Val Verde County, military zones, certain lakes, the El Paso Mission Trail Historical Area, Lake Somerville, and Falcon Lake in Zapata County.
The cited statute was enacted effective September 1, 1987; the Falcon Lake subchapter was added effective June 15, 2007, and amended effective September 1, 2009.
Padre Island distance from publicly owned park or recreational development: <= 2 miles (Area must be outside a municipality and in Cameron or Willacy County.) · Padre Island distance from beach, wharf, or bathhouse: <= 2 miles (The beach, wharf, or bathhouse must be used by at least 500 persons annually.)
“This subchapter applies to the areas of Padre Island located in Cameron or Willacy County and located: (1) outside a municipality but within two miles of a publicly owned park or recreational development; or (2) within two miles of a beach, wharf, or bathhouse used by at least 500 persons annually.”
One more reviewed finding on this topic
Limited — County zoning authority over unincorporated land in Texas, where a specific statutory grant applies.
“As you suggest, a county has very limited and specific zoning authority, and none that may be used to regulate construction or operation of the proposed facility.”
county building authorityLimited
Texas counties adopting and enforcing fire-code building permits for specified buildings in unincorporated areas and applying residential building-code standards in certain counties.
Under Section 233.061, the county must have a population over 250,000 or be adjacent to a county with a population over 250,000.
Under Section 233.062, the fire code applies only to commercial establishments, public buildings, and multifamily residential dwellings consisting of four or more units constructed in an unincorporated area.
The fire code does not apply to an industrial facility having a fire brigade that conforms to Occupational Health and Safety Administration requirements.
A covered applicant must submit a plan and a commissioners-court-set application fee; the county must issue or deny the permit within 30 days, and failure to act within 30 days approves the construction for purposes of the subchapter.
The fire code must conform to the International Fire Code or Uniform Fire Code as those codes existed on May 1, 2005, or establish protective measures exceeding those standards; later editions may be adopted.
Residential standards under Section 233.152 apply only if the county adopts a resolution or order and the county is within 50 miles of an international border or has a population over 100.
Those residential standards apply only to new single-family-house or duplex construction beginning after September 1, 2009; manufactured or modular structures governed by Occupations Code Chapters 1201 or 1202 are excluded from the definition of new residential construction.
A municipality's building code controls in its extraterritorial jurisdiction, and Section 233.152 does not authorize county prior approval of new residential construction or county zoning regulations.
Fire-code inspection and permit fees may be charged under a fee schedule based on building type, limited to amounts necessary to administer and enforce the subchapter; inspection fees must be reasonable and reflect approximate inspection costs.
county population threshold for fire-code authority: > 250000 persons (A county adjacent to a county over 250,000 also qualifies.) · multifamily residential dwelling threshold: >= 4 units (The fire code applies only to covered buildings constructed in an unincorporated area.) · residential-code border distance: <= 50 miles (Alternative qualification is county population over 100.) · application decision period: 30 days (If the commissioners court does not issue or deny the permit within 30 days after receiving the application and fee, construction is approved for purposes of the subchapter.) · residential standards effective construction date: > 2009-09-01 (Applies only to new residential construction that begins after September 1, 2009.)
“The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code. [...] The fire code applies only to the following buildings constructed in an unincorporated area of the county: (1) a commercial establishment; (2) a public building; and (3) a multifamily residential dwelling consisting of four or more units.”
One more reviewed finding on this topic
Limited — County fire-code adoption and building-permit authority for specified buildings in unincorporated areas of qualifying Texas counties, including multifamily residential dwellings of four or more units.
“The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code.”
Inside cities and towns in Upshur County
Municipal rules found while researching the county. They apply inside that city or town, not to unincorporated land.
Building code adoptedAdopted (with conditions)
Construction within the corporate city limits of Big Sandy.
Before starting new construction, demolition, remodeling, or installation of a structure within Big Sandy's corporate city limits, an applicant must apply for and obtain approval of a building permit.
Construction is subject to the International Building Codes as adopted by the City Council.
Inspection by a Building Code Enforcement Officer is required, and construction must pass inspection before occupancy.
The application states that review may take up to 30 days.
The permit application states a fee of $0.15 per square foot with a $50 minimum for new construction or remodels; demolition is $100; moving or relocating a structure is at least $100 plus actual city expenses.
building permit fee for new construction or remodels: 0.15 USD per square foot (minimum charge of $50 per permit) · demolition permit fee: 100 USD · moving or relocating structure fee: >= 100 USD (plus actual city expenses) · application review time: <= 30 days (application may take up to 30 days to be reviewed and/or approved)
“I understand that all construction is subject to the International Building Codes as adopted by the City Council and that I will be required to pay for an inspection by a Building Code Enforcement Officer and that the construction must pass inspection before occupancy can occur.”
Local zoningPresent (with conditions)
Property within the City of Big Sandy, Texas, including property covered by the city's zoning districts and zoning amendments.
The City of Big Sandy zoning page lists multiple zoning-district and administrative-regulation documents.
Ordinance 2021-004 zones specified property as B-2 General Business; the ordinance concerns property identified by Upshur County Appraisal District IDs 19046 and 62681.
The municipal zoning materials do not establish controls for all unincorporated Upshur County.
zoning classification: B-2 General Business · appraisal district property IDs: 19046 and 62681
“Article 12 B-2 General Business District.pdf [...] 2021 004 Zoning Property ID 19046 and 62681 Upshur Co Appraisal District.pdf”
6 more reviewed findings on this topic
Present (with conditions) — Zoning within the City of Gilmer, Upshur County, Texas.
“AN ORDINANCE AMENDING APPENDIX A, ZONING, SECTION 6-3 OF THE CODE OF ORDINANCES OF THE CITY OF GILMER, TEXAS”
Present (with conditions) — Zoning within the City of Big Sandy, Upshur County, Texas.
“Article 6 R-1 Single Family Detached Residential.pdf Article 7 R-2 Single Family Detached Residential.pdf Article 8 R-3 Single Family Modular Residential District.pdf Article 9 MF-1 Multiple Family Residential District.pdf Article 11 B-1 Local Business District.pdf Article 12 B-2 General Business District.pdf Article 13 GI-1 General Industrial District.pdf”
Present (with conditions) — Zoning within the corporate limits of the City of Big Sandy, Upshur County, Texas.
“Zoning [...] Article 6 R-1 Single Family Detached Residential.pdf [...] Article 17 Administrative and Enforcement Regulations.pdf”
Present (with conditions) — Property within the City of Gilmer, Texas, an incorporated municipality in Upshur County.
“AN ORDINANCE AMENDING APPENDIX A, ZONING, SECTION 6-3 OF THE CODE OF ORDINANCES OF THE CITY OF GILMER, TEXAS, ADDING ITEM 1.G TO THE CODE OF ORDINANCES OF THE CITY OF GILMER, TEXAS”
Present (with conditions) — Property subject to the City of Gilmer, Texas, zoning code.
“That Appendix A, Zoning, Section 6-3 be amended, adding Item 1.G to read as follows: G. Minimum Dwelling Size 1,200 sq. ft. PASSED AND APPROVED this the 22th day of May, 2018”
Present (with conditions) — Zoning regulations administered by the City of Gladewater within the city and related jurisdiction described by the city's official planning and zoning materials.
“The purpose of the Board of Adjustments is to hear and decide all appeals and to render an interpretation of the zoning regulations or the manner of their application, to hear and decide upon those applications for a special exception to use or develop property, and to authorize a variance from zoning regulations.”
Still unanswered
We looked and could not find an official answer yet. Silence is not permission — ask the county directly.
Inspections — Residential construction in Upshur County, including construction subject to the county floodplain ordinance.
Certificate of occupancy — Residential construction in Upshur County.
Mandatory utility hookup — Mandatory connection to public water or sewer utilities in Upshur County
Short-term rentals — Short-term rental operation in Upshur County, Texas.
Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.
Living off-grid in Upshur County, Texas
Is Upshur County a good place to live off-grid or homestead?
Upshur County scores 76/100 on the Bolthole Index, a strong county profile. Its strengths: low administrative friction for a quiet rural property and workable self-sufficiency basics: 48″/yr rainfall and 58.8% wooded land.
Do you need a building permit in Upshur County, Texas?
Upshur County requires a building permit only in limited cases (such as floodplains or specific zones), and it has no county-wide zoning. Onsite septic is permitted by Northeast Texas Municipal Water District (NETMWD), TCEQ Designated Representative. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.
Can you live in an RV or tiny home on your land in Upshur County?
Living in an RV on your own land in Upshur County is allowed: Unincorporated Upshur County: no county rule sets this, because Upshur County has adopted no county zoning ordinance (Texas law lets some counties zone, but this one has not). The county legal census found no county zoning ordinance, citing countyofupshur.com. Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits. Chapter 231 does not grant a general statewide county zoning power; authority is provided through geographically or subject-matter limited subchapters. A tiny home is allowed. Confirm with the county before relying on it.
How much does land cost in Upshur County, Texas?
Land in Upshur County runs about $5,042 per acre, based on the latest county data.
What is the water situation in Upshur County?
Upshur County gets about 48" of rain a year, with severe drought in roughly 16.6% of years.
How remote is Upshur County?
A representative private-land location has about 33,654 people within a 30-minute drive and 2,379,517 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.
