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Bexar County, Texas: unincorporated land without county zoning

Bexar County's Public Works FAQ says property in unincorporated Bexar County outside the City of San Antonio's Military Protection Areas is not zoned for any specific use. County permits for septic systems, floodplain work, driveways and some buildings still apply. Below is what the county and state sources say, with links. Confirm each point with Bexar County before you buy or build.

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Zoning

Bexar County's Public Works FAQ says property in unincorporated Bexar County outside the City of San Antonio (COSA) Military Protection Areas (MPAs) is not zoned for any specific land use, and notes that zoning is reserved for municipalities and certain Texas counties.

The FAQ says the City of San Antonio has land use authority inside the MPAs and links to maps of those areas, and that for land inside San Antonio or another incorporated city you should contact that city's office. Check whether your land is inside a city or an MPA before relying on the no-zoning status.

Septic permit

Bexar County's On-Site Sewage Facilities page says all on-site sewage facilities within Bexar County have to be permitted, and the Public Works FAQ says the Environmental Services Department handles OSSF permitting. The county page lists new, repair, renewal and existing-system (registration) permits; standard systems renew every five years with a pump receipt, and aerobic systems need a service contract after an initial two-year permit.

The FAQ says septic tank size depends on the home's number of bedrooms, so a new permit may be needed. The Texas Commission on Environmental Quality (TCEQ) says a permit is required to construct, install, alter, extend or repair an on-site sewage facility, that local permitting programs can be more stringent than the state minimums, and that the state rules are in 30 TAC Chapter 285. Ask Environmental Services which rules apply to your lot.

Floodplain permit

Bexar County's Floodplain Development Permits page says Public Works must review all construction activities on property in proximity to the 100-year floodplain, that a flood study by a Professional Engineer may be required, and that applications are filed online with fees of $50 per activity.

The Public Works FAQ says a Floodplain Development Permit from Public Works Development Services is needed if the property is in a FEMA floodplain, and that Public Works keeps FEMA floodplain maps the public can view by appointment at 210-335-6700.

Building code and permits

Bexar County's Building Permits page says that in areas outside a city's limits, the Bexar County Fire Marshal Office determines when building permits are required for structures or areas that are not for single-family dwelling use. It defines a single-family dwelling as a single structure of three or fewer residential dwelling units. Ask the Fire Marshal Office what applies to your project.

The page says the Fire Marshal Office will not issue a building permit until it receives a signed Permit Verification Form, which confirms that required Public Works and Environmental Services permits, on-site drainage, exterior lighting and subdivision platting have been addressed.

The Public Works FAQ lists the county construction permits: building (Fire Marshal), driveway/right-of-way and floodplain development (Public Works Development Services), storm water quality site development for construction that disturbs 1 acre or more (Public Works Storm Water Quality Division), and OSSF (Environmental Services). It says a driveway needs an application, a sketch of the work in the right-of-way and $35 per driveway, followed by a county inspection.

Installing a manufactured home

The Texas Department of Housing and Community Affairs (TDHCA) Manufactured Housing Division says only a licensed installer may install, relevel, or modify any component of a manufactured home's foundation. The state Manufactured Housing Rules (section 80.21) say new homes must be installed by a licensed installer following the manufacturer's DAPIA-approved instructions, and used homes by a licensed installer to instructions for the wind zone where the home goes.

Occupations Code Chapter 1201, as published by TDHCA, says installed manufactured housing must meet the department's standards (section 1201.255), and that except as the department approves, a local government may not require a permit, fee, bond or insurance for transport and installation by a licensed retailer or installer (section 1201.008).

Bexar County's Public Works FAQ says no meters will be released for mobile homes until after the on-site sewage facility has been installed. The TDHCA FAQ says a manufactured home is personal property by default unless the owner elects real property status on the Statement of Ownership application, and says an owner who converts the home to real property should contact the county clerk about recording procedures, requirements and fees.

Covenants and deed restrictions

Bexar County's Public Works FAQ says property that is not zoned must still follow deed restrictions, any homeowners association rules and applicable construction laws.

The Bexar County Clerk's Recordings Division files, records and maintains real property records. Records not restricted by law or court order can be searched through the Clerk's online Public Records Search, and certified copies cost $1 per page and $5 per certification. Ask the Clerk's office how to find any restrictions recorded for your lot.

Who to ask

Bexar County Public Works, 1948 Probandt St., San Antonio, TX 78214: 210-335-6700. Bexar County Environmental Services (OSSF), 612 Nogalitos, San Antonio, TX 78204: 210-335-6700. Bexar County Fire Marshal Office (building permits): 210-335-0300. Public Works Stormwater Quality Division, 1948 Probandt St.: 210-335-6651.

Bexar County Clerk, Recordings, Paul Elizondo Tower, 101 W. Nueva, Suite 103, San Antonio, TX 78205: 210-335-2581. City of San Antonio (COSA) Development Services, as printed in the FAQ for electrical release on land not using an OSSF: 210-207-1111.

TDHCA, Statement of Ownership forms and corrections: 1-800-500-7074.

Before you buy land here

LandCheck took these facts from the county sources listed under each heading. General information, not legal advice: the county, the health department and a licensed installer have the final word, so confirm anything that matters with them before you buy. LandCheck is free with no account; terms, privacy and refunds.