Bolthole Index

Upton County, Texas

Building permits, zoning and septic rules in Upton County, Texas

38Index Score / 100
#226 of 254 in Texas

Unincorporated Upton County, Texas does not require a county building permit for a single-family home and has no county zoning.12 Septic is different: Upton County is listed as the authorized OSSF agent, and the county publishes permit fees for septic systems.34

At a glance

Building permit
No county permit for a single-family home; statewide energy-code minimums still apply15
Zoning
No county zoning in unincorporated Upton County2
Septic permit
$260 for single-family residential systems; $310 for other system types34
RV or tiny-home living
Not restricted by county zoning outside city limits; wastewater rules still apply26
Owner-installed modular building
$75 state installation permit may replace builder registration for personal use7
Minimum home size and setbacks
None imposed through county zoning in unincorporated areas2
Private water well
No state registration unless a groundwater district applies; a new-well report is required8

Who to call

Also useful

Upton County Judge & Commissioners Court

County government administration and the Commissioners Court for Upton County; general contact point since the county's website publishes no separate sanitation, building or planning department

432-693-2321

205 E. 10th Street, Rankin, TX 79778

Contact details are copied from each office’s official page and were checked against it on October 5, 2026.

Off-grid gear

Going off-grid in Upton County means bringing your own water and power. The kit we’d start with:

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

An ordinary single-family home in unincorporated Upton County does not need a county building permit.1 Statewide energy-code minimums still apply: a single-family home uses Chapter 11 of the 2015 International Residential Code, while other residential, commercial and industrial buildings use the 2015 International Energy Conservation Code.5 Texas also has a residential-inspection framework that applies only when a qualifying county adopts the required resolution or order; we could not confirm that Upton County has done so.9 Ask the County Judge before construction whether the county now requires inspection notices or another project-specific approval.10

Who handles building and septic permits in Upton County?

Upton County has no confirmed building department for an ordinary single-family home, and that work does not require a county building permit in the unincorporated area.1 The Upton County Judge and Commissioners Court is the practical county contact at 432-693-2321 or 205 E. 10th Street, Rankin, TX 79778.10 For septic, TCEQ's authorized-agent listing identifies Upton County for the unincorporated county, and the county publishes its own OSSF permit fees.34 Because the material does not name a separate intake office or application portal, call the County Judge to confirm where to submit the OSSF application and planning documents.1110

Does Upton County have zoning?

Unincorporated Upton County has no county zoning, so county zoning does not set a minimum dwelling size, minimum lot size, setback, lot-coverage limit or building-height limit there.2 County zoning also does not restrict an accessory dwelling, RV, tiny home, manufactured home or temporary camping on unincorporated land.2 That answer concerns zoning only; septic, subdivision, highway-access, deed-restriction and other rules can still shape a project.61213 Parcels inside Rankin or McCamey may be governed by municipal rules instead of this unincorporated-county answer.14

How do septic permits work in Upton County?

Upton County publishes OSSF permit fees of $260 for a single-family residential system and $310 for every other system type.4 Submit the application and planning materials to the permitting authority; the authority must approve or deny a complete submission within 30 days and explain a denial in writing.11 A permit and approved plan are generally required to construct, alter, repair, extend or operate a septic system.15 A single-family home on at least 10 acres can qualify for an exemption only if every condition is met, including a site evaluation, a 100-foot property-line separation for every system component, on-tract effluent disposal and no other dwelling on the tract.16 About 46.1% of county soils lack severe limits for a conventional drain field, so evaluate the actual homesite before choosing a system.17

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

County zoning does not restrict RV, tiny-home, manufactured-home or temporary-camping occupancy on unincorporated land in Upton County.2 That does not waive wastewater rules: an off-grid OSSF remains subject to permitting, planning, construction, inspection, operation and maintenance requirements unless a specific exception applies.6 Boreholes, cesspools and seepage pits are prohibited as OSSF disposal methods.6 A composting toilet must be approved and tested to the applicable standard, and its approval does not by itself authorize installation without the required OSSF review.18 Rules inside Rankin or McCamey may differ from the unincorporated-county zoning answer.14

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

  1. Confirm that the parcel is outside municipal limits; this guide's no-zoning answer applies to unincorporated Upton County.14
  2. Design the home to the statewide energy-code minimum even though an ordinary single-family home needs no county building permit.51
  3. Call the County Judge at 432-693-2321 to confirm any current inspection notice and the OSSF submission route.10911
  4. Submit septic plans and the applicable county fee unless a documented exemption applies.416
  5. If the tract is being divided, determine whether a subdivision plat needs Commissioners Court approval.12
  6. For access to a state highway, submit TxDOT Form 1058 and wait for the executed permit before starting right-of-way work.13

What to check before you buy land in Upton County, Texas

Check the proposed homesite and reserve area because only about 46.1% of Upton County soils lack severe limits for a conventional septic drain field.17 A private well does not need state registration unless the parcel lies in a groundwater conservation district, but a landowner drilling a new well must submit a State of Texas Water Well Report.8 A driveway connecting to a state highway needs a fully executed TxDOT permit before right-of-way construction begins.13 Dividing unincorporated land can trigger county platting; qualifying agricultural, farm, ranch, wildlife-management or timber-production divisions may be exempt when no land is laid out for public dedication.1219 We could not confirm a county floodplain-development or utility-connection rule, so ask the County Judge about both before closing.10

Watch-outs

  • The county's published $260 and $310 fees are OSSF permit fees, not a general building-permit schedule.4
  • The septic exemption for a tract of at least 10 acres applies only when every listed condition is met, including the site evaluation, 100-foot separation and single-dwelling conditions.16
  • An agricultural subdivision exception is not a property-tax eligibility decision, and platting requirements return if the tract stops being used primarily for a qualifying purpose.19

Sources

  1. Texas Local Government Code Chapter 233 (2026 county census)
  2. Texas law on county zoning and building authority
  3. TCEQ OSSF Authorized Agent search (OARS) (2026 county census)
  4. UPTON COUNTY, quoted and re-checked
  5. Local Ordinances, quoted and re-checked
  6. Chapter 285 – On-Site Sewage Facilities, quoted and re-checked
  7. Installation Permit Information Packet, quoted and re-checked
  8. General Groundwater and Private Water Well Frequently Asked Questions, quoted and re-checked
  9. Texas Local Government Code Chapter 233, quoted and re-checked
  10. Upton County Judge & Commissioners Court (co.upton.tx.us)
  11. Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
  12. Texas Local Government Code, Chapter 232: County Regulation of Subdivisions, quoted and re-checked
  13. Access Management Manual: Permits, quoted and re-checked
  14. Texas Local Government Code Chapter 231 (2026 county census)
  15. Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
  16. Getting a Permit for an OSSF - Such as a Septic System, quoted and re-checked
  17. 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
  18. Chapter 285 — On-Site Sewage Facilities (Texas statewide rule), quoted and re-checked
  19. Texas Local Government Code, Chapter 232: County Regulation of Subdivisions, quoted and re-checked

Written October 5, 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.

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Compared with neighboring counties

Like all 6 of its neighbors, Upton County has no countywide zoning.

RuleUpton CountyCrane CountyReagan CountyMidland CountyEctor CountyGlasscock CountyPecos County
Building permitNot requiredNot requiredNot requiredLimitedLimitedNot requiredNot required
County zoningNoNoNoNoNoNoNo
Septic permitsUptonTCEQ Region 7TCEQCounty Health Dept.County Health Dept.Glasscock CountyPecos County

County locator

Upton County in Texas

38
County map
Upton County highlighted among the Texas counties · colored by Index score

How Upton County scores

Seclusion79100% ev.
Self-Sufficiency1196% ev.
Admin Boringness92100% ev.
Durability32100% ev.
Property Autonomy71100% ev.
Carry Cost80100% ev.

Evidence strength: 99%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$130kTypical home
1.1%Property tax
$1,323Land / acre
14.6"Annual rain
22.3% of yrsSevere drought
47.8 / yr (+33.9)Mid-century 100°F days
37 daysMid-century dry spell
1.35" (+5.7%)Mid-century 1-day rain
1.23×Wildfire change factor
100%Forward climate coverage
$2,157Home insurance / yr
2.3% / yrInsurance growth
0%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
304,525People within 2 hr
1,568Radius comparison (15 mi)
2.5People / sq mi
0%Federal land
97.3%Land at 15% slope or less
46.1%Soils rated "not limited" for septic (strict USDA rating)
362,635 acWorkable land screen
0.2%Wooded land
1.1 tonsBiomass / forest ac
65.8°FAvg temp

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Cities and towns in Upton 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: Rankin

Answers from the rulebook for Upton County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Upton County rules

  • Zoning districts · by state lawNo county rule

    Unincorporated Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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 Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov.

    • 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.”
  • Permit feesPublished (with conditions)

    Published fees for Upton County permits, including county-road utility-crossing permits and on-site sewage facility permits.

    • The county-right-of-way policy applies to pipeline and utility crossings within Upton County road rights-of-way.
    • The right-of-way policy states that applications without the appropriate fee will not be processed.
    • The right-of-way policy lists a $200.00 fee per application for boring, casing, tunneling, or another underground utility crossing.
    • The OSSF document lists $260.00 for a single-family residential system and $310.00 for all other system types.
    • The OSSF document states that a $125.00 re-inspection fee must be paid by the installer for each re-inspection.
    • The documents reviewed do not establish a general county building-permit fee schedule.

    county-road utility crossing permit fee: 200 USD per application (Boring, casing, tunneling, or other underground utility crossing) · single-family residential OSSF permit fee: 260 USD · other OSSF permit fee: 310 USD · OSSF re-inspection fee: 125 USD per re-inspection (Paid by the installer)

    “SINGLE FAMILY RESIDENTIAL FEE: $260.00 ALL OTHER TYPE SYSTEMS FEE: $310.00 [...] NOTE: A re-inspection fee of $125.00 must be paid by the installer for each time the system must be re-inspected.”
    One more reviewed finding on this topic
    • Published (with conditions) — On-site sewage facility permits issued for Upton County.
      “SINGLE FAMILY RESIDENTIAL FEE: $260.00 ALL OTHER TYPE SYSTEMS FEE: $310.00”
  • County-wide zoningAbsent

    Texas counties generally have no zoning authority in unincorporated areas (Local Government Code Ch. 231); Upton County publishes no zoning ordinance.

    Texas Local Government Code Chapter 231 ↗Scouted from the county site, not yet independently re-checked

Texas rules that apply here

  • Building permitLimited

    Industrialized housing or buildings installed in Texas, including purchasers or lessees acquiring a unit for their own or their company’s use.

    • A person purchasing or leasing an industrialized house or building for their own use or their company’s use may file for an installation permit instead of registering as an industrialized builder.
    • A person responsible for assembly, connection, and on-site construction for persons other than themselves must be registered as an industrialized builder.
    • Municipalities may require applicable local permits and licenses before construction begins when the municipality regulates the installation.
    “A person who is a retailer of industrialized housing or buildings, or who is responsible for the assembly, connection, and on-site construction and erection of an industrialized house or building for persons other than themselves, must be registered as an industrialized builder. Subcontractors do not require the registration unless required by other applicable state laws. For example, electricians, HVAC contractors, and plumbers must be licensed in accordance with the applicable state law. If you are purchasing or leasing an industrialized house or building for your own use, or your company's use, you may file for an installation permit in lieu of registering as an industrialized builder.”
  • Owner-builder exemptionAvailable (with conditions)

    A person installing industrialized housing or buildings in Upton County for the person's own use.

    • The person must purchase the industrialized housing or building for the person's own use.
    • The person must assume responsibility for all or part of the construction relating to installation.
    • The person files for an installation permit in lieu of registering as an industrialized builder.
    • The installation permit fee is $75 for each building containing industrialized modules or modular components.

    installation permit fee: per 75 USD per building

    “Rule 70.20(5) allows a person who purchases industrialized housing and buildings for his/her own use and who assumes responsibility for all or part of the construction relating to the installation of the industrialized house or building to file for a permit in lieu of registering as an industrialized builder.”
    2 more reviewed findings on this topic
    • Conditional — An owner performing electrical, plumbing, or air-conditioning and refrigeration work on the owner's own residence or homestead in Texas.
      “A person who perform electrical work on a dwelling that they own and reside in is not required by the state to be licensed as electricians.”
    • Conditional — Electrical work on a dwelling owned and occupied by the property owner in Texas.
      “A person who perform electrical work on a dwelling that they own and reside in is not required by the state to be licensed”
  • Building code adoptedPartial

    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 — State-mandated building energy-code minimums applicable statewide, including single-family homes and other residential, commercial, and industrial buildings in Upton County.
      “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. Texas is a "home rule" state, however, allowing local jurisdictions to adopt amendments to the codes. To amend the state code in non-attainment and affected counties, Energy Systems Laboratory at Texas A&M University at the request of a municipality or county must first determine whether the amended code is as stringent as existing state codes. Code changes that are determined to be as stringent or more stringent than state code may be adopted as a local rule. Local jurisdictions are responsible for building energy code implementation and enforcement.”
    • 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:”
  • InspectionsRequired

    New residential construction described by Local Government Code § 233.153 in an unincorporated area of a Texas county to which Chapter 233, Subchapter F applies.

    • The county must have adopted a resolution or order requiring application of Subchapter F and satisfy the statutory geographic or population condition.
    • For construction on a vacant lot, at least three inspections must be performed, as applicable: foundation before concrete placement; framing and mechanical systems before covering with drywall or other interior wall covering; and completion of construction.
    • For a qualifying addition, inspections under the vacant-lot provision must be performed as necessary based on the project's scope of work.
    • The builder is responsible for contracting with an authorized inspector category listed in § 233.154(a)(3), including a licensed engineer, registered architect, TREC-licensed professional inspector, qualifying plumbing inspector, political-subdivision building inspector, or ICC-certified residential combination inspector.
    • The county may require preconstruction and post-final-inspection notices under § 233.154(b)-(c).
    • This state rule does not establish whether Upton County has adopted the required resolution or order.

    minimum inspections for new residential construction on vacant lot: >= 3 inspections (as applicable at the foundation, framing and mechanical systems, and completion stages) · post-final-inspection notice deadline: <= 10 days (only if required by the county)

    “A person who builds new residential construction described by Section 233.153 shall have the construction inspected to ensure building code compliance in accordance with this section as follows: (1) for new residential construction on a vacant lot, a minimum of three inspections must be performed during the construction project to ensure code compliance, as applicable, at the following stages of construction:”
  • Who permits septicMixed (with conditions)

    OSSF permitting, inspection, and administration throughout Texas.

    • TCEQ administers the program in areas where no local jurisdiction has been authorized.
    • A local governmental entity may administer the program only after an order, ordinance, or resolution is approved by TCEQ.
    • The authorized agent administers the program within its approved area of jurisdiction.
    • Local programs may adopt requirements more stringent than state minimums.
    “The authorized agent is responsible for the proper implementation of Texas Health and Safety Code, Chapter 366, 30 TAC Chapter 285, including reviewing OSSF permit applications, conducting inspections, investigating complaints, and more.”
    2 more reviewed findings on this topic
    • Mixed (with conditions) — OSSF permitting authority applicable in Upton County, Texas.
      “The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
    • Mixed — On-site sewage facilities, including septic systems, throughout Texas
      “TCEQ is not often the OSSF permitting authority. [...] The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
  • Septic permitRequired

    Construction, installation, alteration, extension, repair, and operation of OSSFs in Texas, subject to stated exemptions and local requirements.

    • A permit and approved plan are required for construction, alteration, repair, extension, and operation of an OSSF.
    • A permit is generally required to construct, install, alter, extend, or repair an OSSF.
    • A local permitting authority must be checked because local programs may be more stringent than state minimums.
    • The 10-acre exemption requires compliance with 30 TAC Chapter 285 planning, construction, and installation standards; a site evaluation by a TCEQ-licensed site evaluator or professional engineer; service to a single-family dwelling on a tract of at least 10 acres; no nuisance or groundwater pollution; all OSSF parts at least 100 feet from the property line; on-site effluent disposal; and the single-family dwelling must be the only dwelling on the tract.
    • Emergency repairs listed by TCEQ do not require a permit but must be reported to the permitting authority in writing within 72 hours after repairs begin.
    • Grandfathered systems may be exempt if installed before the local program was authorized or before September 1, 1989, whichever is earlier, and if they are not creating a nuisance, are not in need of repair, and have had no significant increase in use or other alteration.
    • The permitting authority must approve or deny planning materials and the permit application within 30 days of receipt.

    minimum tract size for 10-acre exemption: >= 10 acres (single-family dwelling and all other stated conditions must be met) · minimum OSSF setback under 10-acre exemption: >= 100 feet from property line (all parts of the OSSF) · emergency repair reporting deadline: <= 72 hours (after repairs have begun) · permit application decision deadline: <= 30 days (from receipt by permitting authority)

    “A permit and approved plan are required to construct, alter, repair, extend, and operate an OSSF.”
    2 more reviewed findings on this topic
    • Required — Construction, installation, alteration, extension, repair, or operation of an on-site sewage facility, including a septic system, in Texas, including Upton County.
      “A permit is required to construct, install, alter, extend, or repair an OSSF. Always check with your local permitting authority. Local permitting programs can be more stringent than State minimums.”
    • Required — Construction, installation, alteration, extension, or repair of an OSSF in Texas
      “A permit is required to construct, install, alter, extend, or repair an OSSF. [...] 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”:”
  • Septic inspectionLimited

    OSSF installation and, where applicable, maintenance inspections in Texas

    • Authorized agents or their designated representatives inspect system installation.
    • Some permitting authorities impose more stringent requirements.
    • Maintenance-provider inspection and reporting requirements apply to systems and circumstances governed by 30 TAC §285.91(4).
    • Electronic monitoring may reduce reporting to every six months where the stated monitoring conditions apply.

    reduced maintenance reporting interval with qualifying electronic monitoring: 6 months (only where the system uses the specified electronic monitoring, automatic notification, and disinfection monitoring)

    “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. [...] If the system uses an electronic monitor, automatic radio or telephone to notify the maintenance provider of system or component failure and to monitor the amount of disinfection in the system, reporting may be reduced to every six months.”
    2 more reviewed findings on this topic
    • Required — Inspection of OSSFs issued an authorization to construct in Texas, including Upton County.
      “The installer shall notify the permitting authority at least five working days (Monday through Friday, excluding holidays) before the date the OSSF will be ready for inspection. (3) The permitting authority shall conduct a construction inspection.”
    • Limited — OSSFs using secondary treatment or drip irrigation in Texas.
      “A system using secondary treatment or drip irrigation must be inspected by a valid maintenance company once every four months, or be maintained by the single family homeowner, where allowed.”
  • Off-grid sanitationLimited

    Off-grid wastewater sanitation through an OSSF in Texas.

    • An OSSF generally requires a permit and approved plan before construction, installation, alteration, extension, repair, or operation.
    • A qualifying single-family dwelling on a tract of at least 10 acres may use the 10-acre permitting exemption only if every stated site-evaluation, setback, nuisance, groundwater, on-site disposal, and single-dwelling condition is met.
    • Local permitting authorities may impose requirements more stringent than state minimums.
    • Emergency repairs are exempt from permitting only for the listed repair types and must be reported in writing within 72 hours after repairs begin.

    10-acre exemption tract size: >= 10 acres (all TCEQ conditions must be satisfied) · 10-acre exemption OSSF setback: >= 100 feet from property line (all parts of the OSSF)

    “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 — Off-grid sanitation using an OSSF or septic system in Upton County.
      “The following systems are not authorized by this subchapter”
    • 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.”
  • 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.”
    2 more reviewed findings on this topic
    • Not required (with conditions) — Drilling a private water well in Upton County outside any applicable local groundwater-conservation or municipal restriction.
      “There is no state-wide regulation regarding drilling a water well on your property”
    • Limited — Private water wells in Upton County, subject to property-specific groundwater-conservation-district jurisdiction.
      “Private water well owners in Texas do not need to register their well unless the property falls within the jurisdiction of a groundwater conservation district (GCD). [...] While private well owners do not need to register their wells with the state, registered water well drillers, and landowners who drill their own wells, are required to submit a State of Texas Water Well Report when they drill a new well.”
  • Agricultural exemptionAvailable (with conditions)

    A proposed division of land in unincorporated Upton County for which the land will be used primarily for qualifying agricultural, farm, ranch, wildlife-management, or timber-production use.

    • The owner must not lay out streets, alleys, squares, parks, or other tract land intended for dedication to public use under Section 232.001(a)(3).
    • The land must be used primarily for agricultural use as defined by Article VIII, Section 1-d, Texas Constitution, or for farm, ranch, wildlife-management, or timber-production use within the meaning of Article VIII, Section 1-d-1, Texas Constitution.
    • If a tract covered by this exception ceases to be used primarily for those stated purposes, Chapter 232 platting requirements apply.
    • The exception concerns the county subdivision-plat requirement; it is not a determination of property-tax appraisal eligibility.
    “A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if: (1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and (2) the land is to 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, Article VIII, Texas Constitution.”
  • Subdividing landRegulated (with conditions)

    Subdivision of a tract in unincorporated Upton County when the owner divides it into two or more parts for a subdivision or addition, lots, or land intended for public dedication.

    • The plat requirement applies only to land outside municipal limits.
    • A county may define and classify divisions to decide whether particular divisions require platting and need not require platting for every division otherwise within the subchapter.
    • The agricultural-use exception in Local Government Code Section 232.0015(c) applies when its conditions are met.
    • For a required plat, the county commissioners court must approve it by an order entered in its minutes; it may refuse approval if the plat does not meet Chapter 232 requirements or a required bond has not been filed.
    • County authority in a municipality's extraterritorial jurisdiction is subject to limitations under Local Government Code Section 242.001 agreements or Section 242.002.
    “The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: (1) a subdivision of the tract, including an addition; (2) lots; or (3) streets, alleys, squares, parks, or other parts of the tract intended by the owner of the tract to be dedicated to public use.”
  • Driveway accessRequired

    New or modified driveway access connections to highways on the Texas state highway system in Upton County.

    • The applicant should contact the local TxDOT district office.
    • The applicant must complete and submit Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way.
    • Applications must be made by the property owner or authorized representative and for the bona fide purpose of securing or changing access to the owner's property.
    • No driveway construction may begin in the right of way until a fully executed permit has been received and the applicant has given TxDOT 24-hour notice.
    • The driveway must be constructed in accordance with the executed permit and applicable regulations, and TxDOT must determine the completed construction satisfactory.
    • Where a local public agency has access-permitting authority, drainage impacts on the state highway system must still be coordinated with and approved by TxDOT before local approval.

    advance notice: 24 hours (Notice must be given to TxDOT before right-of-way construction begins.)

    “No construction work on the driveway shall be undertaken on the right of way until a fully executed driveway permit has been received by the applicant and the applicant has given 24-hour notification to TxDOT.”
    One more reviewed finding on this topic
  • Permit processPublished (with conditions)

    Constructing a new driveway or revising an existing driveway on the right of way of a Texas state highway.

    • The applicant should contact the local District TxDOT office.
    • The applicant must submit Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way.
    • The application must be for the bona fide purpose of securing or changing access to the owner's property, not parking or servicing vehicles on state highway rights of way.
    • No construction may begin on the right of way until a fully executed driveway permit is received and the applicant gives TxDOT 24-hour notification.
    • The driveway must comply with the executed permit and applicable regulations; TxDOT inspection must find construction satisfactory.
    • Where a local public agency has permitting authority, drainage impacts on the state highway system still require TxDOT approval before local approval.
    • Driveway geometrics, utilities, environmental requirements, wetlands considerations, ADAAG, TAS, and other applicable state and federal laws must be considered.

    required form: Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way · advance notification: 24 hours (Notification to TxDOT is required before construction on the right of way.) · private residential driveway maximum width: <= 24 feet (Except as increased by permissible radii.) · minimum driveway radius to highway pavement: >= 15 feet

    “The applicant shall complete and submit to TxDOT a Form 1058”
    2 more reviewed findings on this topic
    • Published (with conditions) — On-site sewage facility permitting process for property located in Upton County, Texas, including septic systems and holding tanks.
      “Applications and planning materials must be submitted to the permitting authority. To find your permitting authority, search by the county the OSSF is to be located. The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
    • Published (with conditions) — OSSF permitting in Upton County and elsewhere in Texas.
      “Applications and planning materials must be submitted to the permitting authority. To find your permitting authority, search by the county the OSSF is to be located. The TCEQ regional office will be the permitting authority in locations where a local jurisdiction has not been authorized.”
  • 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.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Certificate of occupancy — Certificates of occupancy for buildings in Upton County, including unincorporated areas.
  • Local zoning — Zoning administered by municipalities in Upton County, including the City of Rankin and City of McCamey; countywide aggregate not established.
  • Mandatory utility hookup — Water and wastewater utility-connection requirements for property in Upton County.
  • Building in a floodplain — Development or construction in potential flood-hazard areas of Upton County.
  • Short-term rentals — Short-term rental use of residential property in Upton County.

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.

Water rights & wells in Upton County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from Texas’s water agency.

Actively managed

This basin is under active state management — new water use is scrutinized, though a domestic well is usually still allowed.

Household wellExempt up to a limit

Texas groundwater is governed by the rule of capture; a Groundwater Conservation District must exempt qualifying domestic/livestock wells and may not restrict their production, but well registration and spacing rules can still apply and the exemption does not cover wells serving a platted subdivision.

Limit: Domestic/livestock well exempt from GCD production permitting if on a tract >10 acres AND incapable of producing >25,000 gal/day (Tex. Water Code §36.117)

Texas Water Code §36.117 / TWDB ↗
  • Reagan, Upton & Midland Counties Priority Groundwater Management Areapartial of county

    TCEQ-designated critical-groundwater area; drives GCD coverage. Domestic/livestock wells remain exempt but spacing/registration may apply.

    TCEQ — Priority Groundwater Management Areas ↗

Hybrid state (appropriation + riparian). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the Texas state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Upton County, Texas

Is Upton County a good place to live off-grid or homestead?

Upton County scores 38/100 on the Bolthole Index, a marginal county profile. Its strengths: low administrative friction for a quiet rural property and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 14.6″ of rain a year, in severe drought 22.3% of years and elevated mid-century heat, water, rain, or wildfire exposure.

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

Upton County does not require a county building permit for a home in unincorporated areas, and it has no county-wide zoning. Onsite septic is permitted by Upton (TCEQ authorized agent for on-site sewage). 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 Upton County?

Living in an RV on your own land in Upton County is allowed: Unincorporated Upton County: no county rule sets this, because Upton 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 statutes.capitol.texas.gov. 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 Upton County, Texas?

Land in Upton County runs about $1,323 per acre, based on the latest county data.

What is the water situation in Upton County?

Upton County gets about 14.6" of rain a year, with severe drought in roughly 22.3% of years. On water rights, Upton County lies in the Reagan, Upton & Midland Counties Priority Groundwater Management Area — TCEQ-designated critical-groundwater area; drives GCD coverage. Domestic/livestock wells remain exempt but spacing/registration may apply..

How remote is Upton County?

A typical private-land location has about 1,568 people within 15 miles and 528,361 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Upton compares in Texas

Compare side-by-side →See all 254 Texas counties ranked →