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Development Permits – Frequently Asked Questions
Yes, in order for the county to be in the National Flood Insurance Program, the county requires a permit for any kind of development, including but not limited to houses, pools, outbuildings, grading, creek crossing, etc.
Commercial properties, public buildings, and multi-family residential properties must also obtain building and fire code permits through the Hays County Fire Marshal’s Office. For more information, please visit the Fire Marshal’s website.
You will be required to obtain / show proof of, but not limited to: Having a compliant parcel, development permit, commercial On-Site Sewage System design and permit (approved through commissioner’s court), an Edwards Aquifer Protection Plan (when applicable) and a public water supply (when applicable).
Building and fire code permits must also be obtained from the Hays County Fire Marshal’s Office by visiting their website.
Renovating the interior of the house does not require a development permit, but the addition of bedrooms may require an upgrade to the On-Site Sewage System. Any additions made outside of the original square footage of the home requires a development permit.
Every septic system is designed and permitted based upon the number of bedrooms and / or square footage of the house.
You will need to contact Hays County Development Services so that we can review your existing plans to make this determination.
A Development Permit Application can be found online at www.mygovernmentonline.org. Please create an account/log-in to begin the application process. To see a PDF example of an application or to see the Development Services Fee Schedule, check under our Document & Forms page.
The development permit fee is based on if the development is inside or out of an established floodplain. The current fee schedule is available for download at the Hays County Development Services Website or in person at our office.
The development permit is good for one (1) year from the date of issuance to start construction. Once construction has started, the permit will be valid for two (2) years after issuance to complete the proposed project. If the project has not started within one (1) year from the date of issuance the permit will be “expired”. Once expired the application processes must start over in full.
If you are attaching solar panels directly to your house, you will not need a development permit. If you are building a structure to place the panels on, you will need to obtain a development permit from Hays County Development Services.
The installation of solar panels on any commercial establishment, public building, or multi-family building requires a permit from the Hays County Fire Marshal’s Office by visiting their website.
Hays County has adopted the 2018 International Fire Code which also adopts the 2018 International Building Code by reference for new construction, remodels, and renovations of commercial properties, public buildings, and multi-family residential in the unincorporated areas of the county. The Hays County Fire Marshal’s Office is the authority having jurisdiction for enforcement of these codes. Please visit the Fire Marshal’s website for more information.
The builder of a single family residence, duplex, or triplex is required to a form attesting that there were three (3) inspections of the home and that it meets the International Residential Code published as of May 2008 (2006 IRC) or the version adopted by the city of San Marcos, as amended.
Hays County does not have / use zoning regulations for developing in the unincorporated areas of the county.
Any commercial or multifamily development in the Edwards Aquifer Recharge Zone. Please visit the Texas Commission on Environmental Quality (https://www.tceq.texas.gov/permitting/eapp/apps.html) or call 512.339.2929 for additional details.
You will need a public water supply if: (1) you have 15 or more service connections or (2) serve at least 25 individuals at least 60 days out of the year. Please visit the Texas Commission on Environmental Quality (https://www.tceq.texas.gov/drinkingwater/pws.html) for additional details.
A “plat” is a surveyed piece of property.
An individual who is interested in subdividing their lot needs to set up a meeting with a County Planner upon instruction the interested party may then file a subdivision application.
To apply for a new subdivision individuals are requested to set up a meeting with a County Planner who will provide instruction to the interested party to file a subdivision.
This could be done several ways. Please reach out to a County Planner for your easiest method.
The process of platting is regulated by Texas Local Government Code 232, House Bill 3167 passed by the Texas Legislative Session in 2019, and the Hays County Development Regulations. The Texas Local Government Code and House Bill 3167 provide time restraints on counties for providing subdivision authorizations, however the process can be extended based on developer actions.
The process of platting a property varies greatly based on the needs/wants of the developer.
The typical cost associated with Platting are:
• External to the County
o Surveying Cost
o Engineering Cost
o Other cost associated with development.
• Pertinent to the County
o Application Fee
o Recordation Fees
o Plat Fees
o (List others)
The state of Texas has required a plat for all property divisions since the late 1960s. It wasn’t until the late 1990s that counties started enforcing the platting requirements set forth in the Texas Local Government Code 232.0015.
If your property is completely contained within a city limits, you will not require county approval for development or platting. Please refer to your city’s planning officials.
If you do not plat your property, once it has been determined that the property is not compliant with current County and State regulations, you will be unable to get any county approvals for, including but not limited to, the following: Development Authorizations, On-Site Sewage Facility Permits, or Driveway Permits. Property that is not compliant will be unable to legally develop in Hays County.
For information about what is being built in your neighborhood, please fill out a request for public information or an Open Records Request. These requests can be made by the following methods.
1. Online via the Hays County Public Information Request System found on the Hays County website;
2. Via email to PIA-Requests@co.hays.tx.us;
3. Via mail to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;
4. By-hand-delivery to the Hays County Office of General Counsel, Attn: PIA, 111 East San Antonio Street, Suite 202, San Marcos, Texas 78666;
5. By fax to (512) 392-6500
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San Marcos, Texas 78666
Main Number: 512-393-7779
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